Succession Act, 1925 — Section 184: Person deriving benefit indirectly not put to election

184. Person deriving benefit indirectly not put to election. A person taking no benefit directly under a will, but deriving a benefit under it indirectly, is not put to his election. Illustration The lands of Sultanpur are settled upon C for life, and after his death 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 the will. In that capacity he receives the legacy of 1, 000 rupees and accounts to B for the rents of the lands of Sultanpur which accrued after the death of the testator and before the death of C. In his individual character he retains the lands of Sultanpur in opposition to the will. 185. Person taking in individual capacity under will may in other character elect to take in opposition. A person who in his individual capacity takes a benefit under a will may, in another character, elect to take in opposition to the will. Illustration The estate of Sultanpur is settled upon A for life, and after his death, upon B. A leaves the estate of Sultanpur to D, and 2, 000 rupees to 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 takes out administration to B, and as administrator elects to keep the estate of Sultanpur in opposition to the will, and to relinquish the legacy of 2, 000 rupees. C may do this, and yet claim his legacy of 1, 000 rupees under the will.