35. Election when necessary.—Where a person professes to transfer property which he has no right to transfer, and as part of the same transaction confers any benefit on the owner of the property, such owner must elect either to confirm such transfer or to dissent from it; and in the latter case he shall relinquish the benefit so conferred, and the benefit so relinquished shall revert to the transferor or his representative as if it had not been disposed of, subject nevertheless, where the transfer is gratuitous, and the transferor has, before the election, died or otherwise become incapable of making a fresh transfer, and in all cases where the transfer is for consideration, to the charge of making good to the disappointed transferee the amount or value of the property attempted to be transferred to him
I'm first year law college student.
I wanted to know how to execute a deed by using doctrine of election?
does it falls under sale?
do you need the signature and presence of the person to whom the power for election is bestowed upon at the time of registration?
does the stamp duty for this must include both the property?
if the election is reverted, does the stamp duty paid can claimed back?
how much time can be give for election?
why many lawyers don't know about this section and no documents are registered using this section?
sorry if this topic is already posted. i'm new to this website so kindly bear with me...
thank you for your reply in advance
