Indian Succession Act,1925
Act No : 39
Section :
Testator's belief as to his ownership immaterial.
182. Testator's belief as to his ownership immaterial.-Theprovisions of sections 180 and 181 apply whether the testator does ordoes not believe that which he professes to dispose of by his will tobe his own. Illustrations (i) The farm of Sultanpur was the property of C. A bequeathed itto B, giving a legacy of 1,000 rupees to C. C has elected to retainhis farm of Sultanpur, which is worth 800 rupees. C forfeits hislegacy of 1,000 rupees, of which 800 rupees goes to B, and theremaining 200 rupees falls into the residuary bequest, or devolvesaccording to the rules of intestate succession, as the case may be.118 (ii) A bequeaths an estate to B in case B's elder brother (who ismarried and has children) shall leave no issue living at his death. Aalso bequeaths to C a jewel, which belongs to B. B must elect to giveup the jewel or to lose the estate. (iii) A bequeaths to B 1,000 rupees, and to C an estate whichwill, under a settlement, belong to B if his elder brother (who ismarried and has children) shall leave no issue living at his death. Bmust elect to give up the estate or to lose the legacy. (iv) A, a person of the age of 18, domiciled in 1*[India] butowning real property in England, to which C is heir at law, bequeathsa legacy to C and, subject thereto, devises and bequeaths to B "all myproperty whatsoever and wheresoever," and dies under 21. The realproperty in England does not pass by the will. C may claim his legacywithout giving up the real property in England.
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