Person deriving benefit indirectly not put to election

Section 184 of the Indian Succession Act, 1925 deals with 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. The Act came into force on 30 Sep 1925.

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 ratains the lands of Sultanpur in opposition to the will.

Section 184, The Indian Succession Act, 1925 (Act 39 of 1925).