What do you mean by the doctrine of election?

The doctrine of election is a common law rule of equity that requires that if a testator attempts to dispose of property belonging to someone else and also makes a devise to that person, the beneficiary must choose between either keeping the property or accepting the devise.

On which principle the doctrine of election is based?

Doctrine of election is based on the law of equity and it is applicable to all persons irrespective of their personal laws. The doctrine is an exception to the general rule that no one can transfer better title than he has or say nemo dat quod no habet rule.

What is doctrine of election in transfer of property Act?

If two rights are endowed on a person under any instrument in such a manner that one right is more preferable than the other, he is bound to elect or choose only one of them. …

What is the section of doctrine of election?

Section 35 of transfer to property Act, 1882 incorporates the Doctrine of election. The foundation of the doctrine of election is that person taking the benefit of an instrument must also bear its burden . It is a breach to the general rule that one cannot blow hot and cold at the same time.

Which act did introduced the principle of elections?

The Indian councils Act
A. The Indian councils Act commonly known as the “Morley- Minto reforms” of 1909 was passed by the British Parliament in an attempt to widen the scope of the legislative councils, increase the participation of Indians in governance and formally introduced the principle of elections in India for the very first time.

What is the doctrine of part performance?

An equitable doctrine which allows a person who has partly performed an oral contract to have it specifically performed or to sue for damages even though legislation would usually render the contract unenforceable unless evidenced by writing.

Who can use doctrine of part performance?

The Doctrine of Part Performance is a very important provision under the Transfer of Property Act. According to the statutory provisions, a person must have contracted to transfer immovable property for a consideration. The transfer should be in writing and duly signed by either the transferor or his agent.

What were three features of the 1919 Act?

Principle Features of Government of India Act 1919

• Executive: Dyarchy was introduced, i.e., there were two classes of administrators – Executive councillors and ministers. The Governor was the executive head of the province.
• Legislature: The size of the provincial legislative assemblies was increased.

What is portfolio system in India?

Lord Canning, who was the Governor-General and Viceroy at the time, introduced the portfolio system. In this system, each member was assigned a portfolio of a particular department. Lord Canning nominated three Indians to the Council in 1862 namely, the Raja of Benares, the Maharaja of Patiala and Sir Dinkar Rao.

What is meant by part performance?