LawgistThe Indian Succession Act
185Person taking in individual capacity under will may In other character elect to take in opposition
A person who in his individual capacity takes a benefit under a will may, in another character, elect to take in opposition to the will.
Illustration
The estate of Sultanpur is settled upon A for life, and after his death, upon B. A leaves the estate of Sultanpur to D, and 2,000 rupees to B, and 1,000 rupees to C, who is B's only child. B dies intestate, shortly after the testator, without having made an election. C takes out administration to B, and as administrator elects to keep the estate of Sultanpur in opposition to the will, and to relinquish the legacy of 2,000 rupees. C may do this, and yet claim his legacy of 1,000 rupees under the will.
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CHAPTER--XXII.--Of Election
- 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
