CUET(UG)Legal Studies : Understanding the Doctrine of Election and Lis Pendens in Property Law

 

Hey there! Ever wondered how property transactions work? Well, two important rules, the Doctrine of Election and Lis Pendens, play a big role. Imagine you're playing a game where you can't pick and choose - that's what the Doctrine of Election is about. And Lis Pendens? It's like hitting the pause button on property sales during a legal fight. Ready to learn more about these rules? Let's dive in together!

Doctrine related to transfer of Property:

Application and Significance.

Exploring the Doctrine of Election: Section 35 of TPA

The Transfer of Property Act (TPA) Section 35 establishes the Doctrine of Election, a fundamental principle governing property transaction.

➡According to the principle of Doctrine of Election 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.

 

Illustration of Doctrine of Election:

➡A sells his garden as well as his house through one instrument to B. here, B wants to retain only the house and wants to cancel the transfer regarding the garden.

➡According to the 'Doctrine of (lection, B has to retain the garden if he wants to retain the house or cancel the whole transaction. B cannot retain the house and cancel the transfer regarding the garden.

➡ In Cooper v. Cooper, the Court held that the doctrine of election applied on every instrument and all types of property.

Application of Doctrine of Election: Cooper v. Cooper

➡In the landmark case of Cooper v. Cooper, the court affirmed the applicability of the Doctrine of Election across all instruments and types of property. This ruling underscores the universality and significance of the doctrine in property law.

Doctrine of Lis Pendens

➡Emerged from the Latin 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.

 

Conditions  for lis pendens:

 ➡A suit or proceeding involving the immovable property should be pending; 

➡The right to the immovable property must be in question in the suit  

➡The property in litigation should be transferred; 

➡The transferred property should affect the rights of the other person to the 

transfer.

Illustration of Doctrine of lis pendens:

A has a litigation in determining the title of the property with ;. 'during the

period of litigation, A initiates a sale of the property in favour of B. According to the 'doctrine of lis pendens, the property cannot be sold because the property is involved in litigation.

Conclusion:

Understanding the Doctrine of Election and Lis Pendens is indispensable for aspiring lawyers navigating property law. These principles not only shape property transactions but also uphold fairness and stability in legal proceedings.

Testing Your Knowledge: MCQ Time! Let's solidify your understanding with some Multiple Choice Questions (MCQs):

Multiple Choice Questions (MCQs) on Doctrine of Election and Lis Pendens in Property Law