Indian Succession Act,1925

Act No : 39

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Section : Person taking in individual capacity under will may in other characterelect to take in opposition.

185. Person taking in individual capacity under will may in othercharacter elect to take in opposition.-A person who in his individualcapacity takes a benefit under a will may, in another character, electto take in opposition to the will. Illustration The estate of Sultanpur is settled upon A for life, and after hisdeath, upon B. A leaves the estate of Sultanpur to D, and 2,000 rupeesto 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 takesout administration to B, and as administrator elects to keep theestate of Sultanpur in opposition---------------------------------------------------------------------1 Subs. by Act 3 of 1951, s. 3 and Sch., for "the States".---------------------------------------------------------------------119to the will, and to relinquish the legacy of 2,000 rupees. C may dothis, and yet claim his legacy of 1,000 rupees under the will.

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