Indian Succession Act,1925

Act No : 39

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Section : Person deriving benefit indirectly not put to election.

184. Person deriving benefit indirectly not put to election.-Aperson taking no benefit directly under a will, but deriving a benefitunder it indirectly, is not put to his election. Illustration The lands of Sultanpur are settled upon C for life, and after hisdeath upon D, his only child. A bequeaths the lands of Sultanpur to B,and 1,000 rupees to C. C dies intestate shortly after the testator,and without having made any election. D takes out administration to C,and as administrator elects on behalf of C's estate to take under thewill. In that capacity he receives the legacy of 1,000 rupees andaccounts to B for the rents of the lands of Sultanpur which accruedafter the death of the testator and before the death of C. In hisindividual character he retains the lands of Sultanpur in oppositionto the will.

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