Person taking in individual capacity under will may In other character elect to take in opposition
Section 185 of the Indian Succession Act, 1925 deals with 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. The Act came into force on 30 Sep 1925.
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.
Section 185, The Indian Succession Act, 1925 (Act 39 of 1925).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Questions about Section 185
What does Section 185 of the Indian Succession Act deal with?
Section 185 of the Indian Succession Act is headed "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.
How do I find court cases under Section 185 of the Indian Succession Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Succession Act 185, section 185 Succession Act, section 185 of the Indian Succession Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 185 of the Indian Succession Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 185 of the Indian Succession Act come into force?
Section 185 of the Indian Succession Act, cited as Succession Act 185, came into force on 30 Sep 1925, having been enacted on 30 Sep 1925. It is in force as at the date shown on this page.
Other sections of this Act
- 120. Date of vesting when legacy contingent upon specified uncertain event712 words
- 111. Survivorship in case of bequest to described class652 words
- 142. Specific legacy defined646 words
- 101. Rules of construction where will purports to make two bequests to same person620 words
- 113. Bequest to person not in existence at testator’s death subject to prior bequest486 words
- 114. Rule against perpetuity469 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 19 Oct 2026. This page is not a substitute for legal advice.