Section 182: Testator's belief as to his ownership immaterial

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 182

Section 182 establishes that the doctrine of election applies whether the testator mistakenly believed he owned the property or knew it belonged to another.

  • Core Legal Standard: Section 182 eliminates all subjective inquiries into the testator's state of knowledge regarding property title.
  • Statutory Rights & Obligations: The section enacts that Section 180 and Section 181 apply whether the testator was in fact aware that the property belonged to another, or whether he mistakenly believed that he was the absolute owner and had full right to dispose of it by will.

This statutory rule provides immense practical certainty. In litigation under Section 180, a beneficiary cannot argue: 'The testator only made this bequest because he mistakenly thought the land was his; therefore election does not apply'. Under Section 182, the testator's belief is completely immaterial; the objective fact that the will disposes of another's property while conferring a benefit is sufficient to compel an election.

Key Landmark Precedents:
  • Beepathuma v. Shankaranarayana Kadambolithaya, AIR 1965 SC 241: The Supreme Court affirmed that under Section 182, election is triggered irrespective of whether the testator acted under an erroneous belief of ownership or in full knowledge of another's title.
  • Pramod Kumar Jaiswal v. Bibi Husn Bano, (2005) 5 SCC 492: The Supreme Court held that Section 182 excludes subjective intent, anchoring election strictly to the objective disposition made in the will.
Legal Commentary:

Section 182 closes the most common loophole raised by contesting heirs. Whether the testator suffered from a bona fide mistake of title or deliberately disposed of his son's land, Section 182 compels the son to elect, preventing endless litigation over what the deceased believed.