Indian Succession Act,1925
Act No : 39
Section :
When acceptance of benefit given by will constitutes election to takeunder will.
187. When acceptance of benefit given by will constituteselection to take under will.-Acceptance of a benefit given by a willconstitutes an election by the legatee to take under the will, if hehad knowledge of his right to elect and of those circumstances whichwould influence the judgment of a reasonable man in making anelection, or if he waives inquiry into the circumstances. Illustrations (i) A is owner of an estate called Sultanpur Khurd, and has alife interest in another estate called Sultanpur Buzurg to which uponhis death his son B will be absolutely entitled. The will of A givesthe estate of Sultanpur Khurd to B, and the estate of Sultanpur Buzurgto C. B, in ignorance of his own right to the estate of SultanpurBuzurg, allows C to take possession of it, and enters into possessionof the estate of Sultanpur Khurd. B has not confirmed the bequest ofSultanpur Buzurg to C. (ii) B, the eldest son of A, is the possessor of an estate calledSultanpur. A bequeaths Sultanpur to C, and to B the residue of A'sproperty. B having been informed by A's executors that the residuewill amount to 5,000 rupees, allows C to take possession of Sultanpur.He afterwards discovers that the residue does not amount to more than500 rupees. B has not confirmed the bequest of the estate of Sultanpurto C.
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