A transfers his land to B by a document. A by another document transfers B's property to C. B retains the property transferred by A to him but refused to transfer his property to C. In the light of Transfer of Property A

Section 35 of the Transfer of Property Act, 1882 deals with what is called doctrine of election. Suppose, a property is given to you and in the same deed of gift you are asked to transfer something belonging to you to another person. If you want to take the property you should transfer your property to someone else, otherwise you cannot take the property which is transferred to you by someone. Election may be defined as "the choosing between two rights where there is a clear intention that both were not intended to be enjoyed". The foundation of doctrine of election is that a person taking the benefit of an instrument must also bear the burden, and he must not take under and against the same instrument. It is, therefore, a branch of a general rule that no one may approbate and reprobate. Further, the question of Election arises only when a transfer is made by the same document. If the transferor makes a gift of property by one deed and by another asks the donee to part with his own property then there is no question of election. Therefore, in this problem since the two transfers do not form part of the same document hence B can retain the property transferred to him by A and he can refuse to transfer his property to C.