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Section 185: Person taking in individual capacity under will may In other character elect to take in opposition.

The Indian Succession Act, 1925Central Act · Act 39 of 1925

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.

Where this provision sits

ActThe Indian Succession Act, 1925
Section185
Marginal notePerson taking in individual capacity under will may In other character elect to take in opposition.
JurisdictionCentral
StatusIn force as published by the source

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