Lawgist184Person deriving benefit indirectly not put to election
A person taking .no benefit directly under a will, but deriving a benefit under it indirectly, is not put to his election.
Illustration
The lands of Sultanpur are settled upon C for life, and after his death upon D, his only child. A bequeaths the lands of Sultanpur to B, and 1,000 rupees to C. C dies intestate shortly after the testator, and without having made any election. D takes out administration to C, and as administrator elects on behalf of C's estate to take under the will. In that capacity he receives the legacy of 1,000 rupees and accounts to B for the rents of the lands of Sultanpur which accrued after the death of the testator and before the death of C. In his individual character he ratains the lands of Sultanpur in opposition to the will.
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- 180 Circumstances in which election takes place
- 181 Devolution of interest relinquished by owner
- 182 Testator’s belief as to his ownership immaterial
- 183 Bequest for man’s benefit how regarded for purpose of election
- 184 Person deriving benefit indirectly not put to election
- 185 Person taking in individual capacity under will may In other character elect to take in opposition
- 186 Exception to provisions of last six sections
- 187 When acceptance of benefit given by will constitutes election to take under will
- 188 Circumstances in which knowledge or waiver is presumed or inferred
- 189 When testator’s representatives may call upon legatee to elect
- 190 Postponement of election in case of disability
