Section 184: Person deriving benefit indirectly not put to election

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

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.

  • Indirect or Derivative Benefit: A person who derives a benefit under a will merely through or as an heir, creditor, or family member of a legatee is not put to election.
  • No Surrender of Personal Property: Such a person is not required to relinquish his own separate property that the testator purported to bequeath to another.
  • Privity of Testamentary Gift: Only direct beneficiaries whose personal property is alienated by the testator are subject to election.
Key Landmark Precedents:
  • C. Beepathuma v. Velasari Shankaranarayana Kadambolithaya (1964) 5 SCR 836: The Supreme Court affirmed that the doctrine of election requires direct privity of testamentary bounty; incidental or derivative advantages do not put a third party to election under Section 184.
  • Codrington v. Codrington (1875) LR 7 HL 854: Established that derivative benefits flowing through family relationships do not compel an election.
Courtroom Practice & Strategic Litigation Guidance:

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.