Which of the following conditions is necessary for doctrine of election based on the principle of equity?

The doctrine of election is based on the principle of equity. The conditions necessary for application of this doctrine are as follows (1) The transferor must not be the owner of the property which he transfers (2) The transferor must transfer the property of the other owner to a third person (3) The transferor must at the same time grant some property in the same instrument, out of his own, to the owner of the property (4) The two transfers (transfer of the property of owner to the transferee and conferment of benefit on the owner of property) must be made in the same transaction (5) The question of election does not arise if the two transfers are made by virtue of two separate instruments (6) The owner must have proprietary interest in the property, a creditor is not put to election as he has only a personal right to be paid by the debtor  (7) The owner takes no benefit under a transaction directly, but diverts a benefit under it indirectly, is not put to election (8) Question of election does not arise when benefit is given to a person in a different capacity