Section 185: Person taking in individual capacity under will may in other character elect to take in opposition. 186 Exception to provisions of last six sections

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.

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