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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.”

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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