250 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Here there are two gifts—
(i) by A to B of A’s property
(ii) by A to C of B’s property
The gift to B of A’s property is a valid gift, because A is the owner of the property gifted away. The gift to C of B’s property by A is invalid, because it is not authorized by B.
Question is, can B take the gift from A of A’s property and repudiate the gift of his property by A to C ? It is this problem with which the doctrine of Election deals.
(ii) The doctrine of Election says that the gift to B shall take effect only if B elects to permit the gift to C also to take effect.
III. T HE PRINCIPLE OF THE RULE .
When a person makes a gift of this sort, equity presumes that in such a gift there is an implied condition that he who accepts a benefit under an instrument must adopt the whole of it, conforming to all its provisions, and renouncing every right inconsistent with it.
(iii) Courses open to a person called upon to elect.
(A) Two courses are open to a person who is called upon to make an election.
(1) B may allow C to take his (B’s) property and himself take A’s property.
(2) B may take A’s property and not allow C to take his (B’s) property but give him compensation to the extent required to satisfy C.
Illus . :
A gives to B a family estate belonging to C worth £ 20,000 and by the same instrument gives to C a legacy of £ 30,000 of his (A’s) property. C can do either of the two things,
(i) allow B to take the family estate or
(ii) keep the family estate and give B £ 20,000.
(B) The former course is called taking under the instrument. The latter is called taking against the instrument. The following points must be noted in connection with these two modes of Election :