Question

What is ‘Doctrine of Election’ and ‘Doctrine of Lis Pendence’ in the law of property? How do these two affect the validity of a transfer of a property?

Answer 1

According to the principle of Doctrine of Election [Section 35 of the TPA], a party to the transfer cannot accept as well as ** in a single transaction. In other words, while claiming advantage of an instrument, the burden of the instrument should also be accepted.

If a person 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 ** the burden in a single transaction.

Affect : No right to coice. Either accept full or ** full.

The Doctrine of lis pendens emerged from the ***** maxim 'ut lite pendent nihil innoveteur' meaning 'nothing new should be introduced in a pending litigation'. When a suit or litigation is pending on an immovable property, then that immovable property cannot be transferred.

Affect : possession cannot be transferred;