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The foundation of doctrine of election under the Transfer of Property Act, 1882 is that a
person taking the benefit of an instrument:
Must bear the burden
Must not bear the burden
Burden is not the subject of election
None of the above.
- Option 1: Must bear the burden
- If a person takes the benefit from an instrument, they must also accept any associated burdens or obligations. This is the crux of the doctrine of election under the Transfer of Property Act, 1882.
- Correct Answer
- Option 2: Must not bear the burden
- This option implies the person could accept benefits without any obligations, which contradicts the doctrine.
- Option 3: Burden is not the subject of election
- Suggests that burdens are unrelated to the doctrine, ignoring the interconnectedness of benefits and burdens.
- Option 4: None of the above
- Given the context, this is incorrect as Option 1 correctly captures the doctrine.
By: Kamal Kashyap ProfileResourcesReport error
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