Court : Chennai
Reported in : (1993)1MLJ678
..... up any benefits which may have been provided for him by the will.this section corresponds to sec 35(1) of the transfer of property act which deals with the doctrine of election. the main principle is that there is an obligation on the legatee who takes a benefit under a will or other instrument ..... obligation of carrying the instrument into full and complete force and effect. he must elect either to retain his own property or to relinquish his own and take in its place property given to him by the will. the doctrine of election rests on the principle that he who accepts a benefit under an instrument must ..... adopt the whole of it, conforming with all its provisions, and renouncing every right inconsistent with them. election under section 180 arises wherever the ..... lane over which he had exclusive right to dispose of. by instituting the suit for partition in respect of plaint a, b and c schedule properties the appellant has elected to repudiate the will and dissent from it. so by the terms of section 180 he has necessarily to give up his right in no. ..... 180 of the indian succession act, if a legatee has been given any benefit under a will and his own property has also been disposed of by that very will, the legatee must elect either to confirm such disposition or to dissent from it, and in the latter case, he must relinquish all .....Tag this Judgment!
Court : Gujarat
Reported in : AIR2001Guj329; (2001)1GLR697
..... air 1965 sc 241. in this decision the supreme court considered the cumulative effect of sees. 35, -60 and 62 of the transfer of property act, and explained the doctrine of election and its applicability to mortgage transactions. the supreme court held that a person who accepts a benefit under a deed or a will or ..... 1974 glr 193. i, however, find that this decision is restricted to the interpretation of section 60 of the transfer of property act, and deals with the principles of equity of redemption, explains the doctrine, and discusses what amounts to a clog on the equity of redemption. however, this decision does not in any ..... of redemption in the light of the interplay of the rights of the mortgagor and the mortgagee, in the context of section 60 of the transfer of property act and section 90 of the trusts act. it is in this context that the supreme court held that where a mortgagee avails himself of ..... made. secondly, this decision deals with mainly with the validity of such an oral mortgage in the year 1893, when section 59 of the transfer of property act was not applicable to the state of punjab. it was therefore in this context that the supreme court held such an oral mortgage to be ..... hiralal lakhatnshi, reported at 1981 glr 473. in this decision, i find that it is mainly concerned with the interpretation of sec, 60 of the transfer of property act, deals with the principles of what amounts to clog on the equity of redemption, and that an unconscionable term must be held as a clog .....Tag this Judgment!
Court : Chennai
Reported in : 158Ind.Cas.497
..... the sale, ex. a. it does not seem to me that this conclusion necessarily follows: whether ex. a was a fraudulent transfer or a real transfer, it is undeniable that the property was subject to a mortgage and that the mortgage would have to be paid off by the real owner. whatever may be said ..... was made for them in ex. a and to the further fact that by ex. a the whole of his property was transferred to his wife. there is no clear evidence to show that that property was transferred for any adequate consideration. it is impossible, i think, for any one successfully to argue that on those facts ..... way prejudiced by the action of the appellant in taking the sale-deed from the mortgagee before she can possibly succeed. in dealing with this question of election the lower court refers to two authorities, one in madras and one in allahabad. the madras authority, so far as i can see, contains no reference ..... against the 1st defendant. subsequently in execution the plaintiff wished to proceed against the property which had been the subject-matter of the gift deed and it was held that he was debarred from so doing because he had already elected to ratify the gift deed; that is to say, the plaint was interpreted as ..... containing an assertion by the plaintiff that the gift deed was a valid one. here in this case there is no definite assertion by the appellant at any time that ex. a was a valid transfer. that does .....Tag this Judgment!
Court : Chennai
Reported in : 64Ind.Cas.481
..... benefit on the owner of the property. section 167 of the indian succession act, which in terms applies to the facts of ..... . this is quite an unjustifiable extension of the doctrine of election as embodied in section 35 of the transfer of property act and as regards wills in section 167 of the indian succession act. section 35 in express terms limits the doctrine of election to cases where a person professes, to transfer property which he has no right to transfer and as part of the same transaction confers any ..... this case, though the section itself does not in law apply, expresses the doctrine thus : 'where a man ..... the will at all. all that the testator says here is excluding the properties which i have already given away (a term which includes the gift to the first defendant), i will make the following dispositions.' therefore, the appellant has altogether failed to bring this case within the doctrine of election as expressed in section 167 of the indian succession act, which is .....Tag this Judgment!
Court : Chennai
Reported in : AIR1959Mad131; (1958)2MLJ492
..... be justified as a family arrangement or on the basis of estoppel or election. it is well settled that the doctrine of election would not be available to cure an illegality. vide mullah's transfer of property act, 4th edn. at p. 158. savuravan beevi had no right to vappu rowther's property so long as he was alive and there was, therefore, no question of ..... judgment of krishnaswami nayudu, j. on the ground that savuravan beevi and her heirs should be deemed to be precluded from claiming any interest in the properties of vappu rowther by reason of the doctrine of election. in support of this contention he invited our attention to the decision of the supreme court in sahu madho das v. mukund ram, : air1955sc481 that case ..... her electing between two inconsistent rights. a plea of a bar of the plaintiff's ..... right by reason of election is essentially a plea in fact (vide .....Tag this Judgment!
Court : Chennai
Reported in : AIR1953Mad161; (1952)IIMLJ104
..... the necessity of choosing a course which is opposed to law, this doctrine should not be invoked. i think the doctrine of election can not to be resorted to in order to cure an illegality. the following passage in mulla's transfer of property act iii edition page 168 is pertinent.'the doctrine of election cannot be resorted to in order to cure an illegality and a ..... gift which infringes the rule against the perpetuities cannot be used to raise a case for election.'in -- 'volloston v. king', 1869 l. r. 3 165 a testatrix ..... in this case.13. the next point that arises for consideration is whether there is any scope in this case for the doctrine of election. mr. jagadisan urged that by virtue of the plaintiff having alienated a major portion of the properties under ex. d. 3 in 1943, long after succession opened which amounts to his having accepted the validity of the gift ..... decide this case on the same lines. even if i apply the principle laid down in that decision to the present case the plaintiff cannot be non-suited on the doctrine of election. all that was laid down in -- 'douglas menzies v. umphelby', 1908 a. c. 224 was that a person who claims under law and against a will cannot claim a .....Tag this Judgment!
Court : Mumbai
Reported in : 1994(2)BomCR585; 80CompCas311(Bom)
..... . saraswathi bai v. p. t. varadarajulu, air 1956 mad. 385 and krishnammal v. n. krishna, air 1956 mad. 424. the appointment of a receiver under section 69a of the transfer of property act can also be made through court. similarly in the present case the appellants were within their right, when they invoked sections 29 of the said act after having applied ..... under section 30 and the industrial concern fails to make such repayment, then, without prejudice to the provisions of section 29 of this act and of section 69 of the transfer of property act, 1882 any officer of the financial corporation, generally or specially authorised by the board in this behalf, may apply to the district judge within the limits of whose ..... the industrial concern to the financial corporation, together with the costs of the proceedings taken under section 31, with or without an ad interim injunction restraining the industrial concern from transferring or removing its machinery, plant or equipment... (4) at the same time as he passes an order under sub-section (1), the district judge shall issue to the industrial concern ..... to the court under section 31. there is no question of applying the doctrine of election or holding that the action of the appellants in invoking sections 29 of the act amounted .....Tag this Judgment!
Court : Chennai
Reported in : (1919)36MLJ507
..... that as the party was asked to choose between two donations by two different donors, no question o'f election arose. we may say that section 35 of the transfer of property act and section 172 of the indian succession act enunciate the doctrine of election as enforced in england : but as those sections do not apply to hindus, we have preferred to base our ..... managing to the 2nd defendant; by the same instruments he gave the plaintiff rs. 800. she now sues to recover the devised inherited property and also the legacy of rs. 800, the 8th issue in the case raises the question of election. in our opinion, the doctrine is applicable to the present case. the weight of authority in england is to regard the ..... 2nd defendant may be compelled at the instance of the reversioners to give up the property after the life-time of the plaintiff, whereas she will have an absolute right in the rs. 800 bequeathed to her is not a ground for not applying the doctrine of election. the quantum of compensation is not what the court looks to. it is only concerned ..... with seeing that a party deprived of a right vesting in him is recompensed by the gift of another property whatever may be its nature or duration of enjoyment. see wilson v .....Tag this Judgment!
Court : Chennai
Reported in : (1971)1MLJ127
..... a contention would lead to startling results.37. after the trusteeship has been accepted, the question as to what properties belong to the trust estate will have to be decided on totally different considerations. the doctrine of election, embodied in section 35 of the transfer of property act, can have no application 10 such cases, as there is no question of taking away the trustee ..... 's property and including it in the trust estate, and giving some other property in lieu thereof to 1 he trustee.38. i think it ..... useless, ineffective in law and would avail his widow nothing as no deed of gift has been executed and registered in accordance with the provisions of the transfer of property act. the legal title to the property still inhered and continued to vest in the testator and therefore was carried away by the will as part and parcel of the trust estate. on ..... with the topic 'trustee cannot plead adverse title against his own cestui que trust', observes that if a person is already in possession and insists upon holding the property in his own behalf, the doctrine of 'no lapse of time' would not apply.33. the decision m venkatarama naidu v. jayammal (1963) 76 l.w. 619, relied upon by mr. gopalswami iyengar .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1973Cal529,77CWN424
..... . roy, did not involve any point as to the interpretation of the word 'owner' occurring in section 35 of the transfer of property act. in that case, the supreme court applied the equitable doctrine of election. 19. the question may now be considered with reference to the intention of the legislature in using the expression 'if he ..... roy also refers to a decision of the supreme court in c. beepathuma v. shankarnaniyana, : 5scr836 , where the supreme court held a mortgagee as hit by the doctrine of election. 10. it is, however, contended by mr. sudhish das gupta, the learned advocate for the respondent that the word 'owner' in clause (ff) means an absolute ..... , in that case, it may render the provisions of a statute' unworkable. by way of illustration mr. roy refers to sections 35 and 44 of the transfer of property act which also use the term 'owner' and submits that if the word 'owner' is construed to mean an absolute owner, there would be difficulties in ..... he cannot be said to possess aft the component rights of ownership. by the lease, the right to enjoy the possession of the property leased is transferred to the lessee. as observed by jenkins, j. in kally das ahiri's case (1897) 1 cal 321 referred to above, the owner ..... . next, i may consider the contention of mr. roy with reference to the provisions of sections 35 and 44 of the transfer of property act wherein the word 'owner' also finds place. it is argued that if the word 'owner' is understood in terms of absolute ownership, .....Tag this Judgment!