Indian Succession Act,1925

Act No : 39

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Section : Exception to provisions of last six sections.

186. Exception to provisions of last six sections.-Notwithstanding anything contained in sections 180 to 185, where aparticular gift is expressed in the will to be in lieu of somethingbelonging to the legatee, which is also in terms disposed of by thewill, then, if the legatee claims that thing, he must relinquish theparticular gift, but he is not bound to relinquish any other benefitgiven to him by the will. Illustration Under A's marriage-settlement his wife is entitled, if shesurvives him, to the enjoyment of the estate of Sultanpur during herlife. A by his will bequeaths to his wife an annuity of 200 rupeesduring 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 legacyof 1,000 rupees. The widow elects to take what she is entitled tounder the settlement. She is bound to relinquish the annuity but notthe legacy of 1,000 rupees.

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