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.
Legal Commentary & Landmark Judgments: Section 184
Section 184 establishes that a person who derives an indirect or derivative benefit under a will without being a named beneficiary is not put to election.
If a father's will purports to bequeath his son's independent property to a charity while leaving a legacy to the son's wife, the son is not put to election under Section 184; he can retain his property while his wife keeps her legacy.