Indian Succession Act, 1925 · Chapter XXI: Of Legacies to Creditors and Portioners · CHAPTER—XXII.—Of Election
Section 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.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 185
No Supreme Court judgment in our database cites this section yet.