Lawgist186Exception to provisions of last six sections
Notwithstanding anything contained in sections 180 to 185, where a particular gift is expressed in the will to be in lieu of something belonging to the legatee, which is also in terms disposed of by the will, then, if the legatee claims that thing, he must relinquish the particular gift, but he is not bound to relinquish any other benefit given to him by the will.
Illustration
Under A's marriage-settlement his wife is entitled, if she survives him, to the enjoyment of the estate of Sultanpur during her life. A by his will bequeaths to his wife an annuity of 200 rupees during her life, in lieu of her interest in the estate of Sultanpur, which estate he bequeaths to his son. He also gives his wife a legacy of 1,000 rupees. The widow elects to take what she is entitled to under the settlement. She is bound to relinquish the annuity but not the legacy of 1,000 rupees.
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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
