Mr. Nakul wanted to sell his …
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Sia ? 2 years, 10 months ago
No, Ms. Sheetal cannot do so due to the operation of Doctrine of Election. According to the principle of Doctrine of Election (Section 35 of the TPA), a party to the transfer cannot accept as well as reject in a single transaction. In other words, while claiming advantage of an instrument, the burden of the instrument should also be accepted. If a party to the transfer gets two selections (a benefit and a burden), then he has to accept both the benefit and the burden or none. He cannot accept the benefit and reject the burden in a single transaction. In Cooper v. Cooper 1874, LR 7 HL 53, the Court held that the doctrine of election applied on every instrument and all types of property.
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