top of page

Doctrine Of Election: Critical Analysis




Shivangi Pathak, BA.LLB, Delhi Metropolitan Education, GGSIPU


INTRODUCTION


The concept of doctrine of election is acknowledged in “transfer of Property Act 1882” which is mentioned in section 35. However, in “Indian Succession Act” it is mentioned in within 180-190 sections. “Election” means it is a choice between two differing or two contradictory rights. In this concept you cannot have both you can choose either of them. It is basically on the prioritize manner that “one is higher than the other1.” The claimant can’t use both, the benificary must opt among two differing or contradictory rights. Generally its confers that the person whose is taking profit “should also bear the burden. “to resolving the property conflicts between the parties is the main aim of the “transfer of property act 1882.”

Comments


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

Submit Manuscript: Click here

Open Access Logo

Licensing:

​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

bottom of page