WHAT IS DOCTRINE OF ELECTION IN RESPECT OF A WILLDE
Querist :
Anonymous
(Querist) 12 September 2010
This query is : Resolved
DEAR SIR,
WHAT IS DOCTRINE OF ELECTION WHEN WE SPEAK OF A WILL
KINDLY ENABORATE
VK SEP 12,10
s.subramanian
(Expert) 13 September 2010
When a person who chooses to enjoy a benefit under a will he cannot later on turn around and say that the will is not legal and not binding and all. when he has elected to be bound by the will and enjoyed the benefit,he is estopped from raising any objections to the same later on. This is called the Doctrine of Election. He cannot approbate and reprobate.
Querist :
Anonymous
(Querist) 13 September 2010
dear sir,
thanks
vk
Sameer Sharma
(Expert) 13 September 2010
In Laxmi Narain vs Banshi Lal And Anr
Allahabad High Court held that:
The circumstances of the case, therefore, clearly make the doctrine of election applicable and it is not open to the appellant to impugn the validity of the deed of gift in favour of Makundi. I may in this connection again refer to the case of (S) AIR 1955 S C 481, where their Lordships of the Supreme Court laid down that
"the law is that once a reversioner has given his assent to an alienation, whether at the time, or as a part of the transaction, or later as a distinct and separate act, he is bound though others may not be, and having given his assent he cannot go back on it to the detriment of other persons : alt the more so when he himself receives a benefit."
