Section 187: When acceptance of benefit given by will constitutes election to take under will

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 187

Section 187 defines when the acceptance of a benefit given by a will constitutes an Election to take under the will, establishing the legal threshold of conscious choice.

  • Conscious Acceptance of Benefit: Acceptance of the benefit given by the will constitutes an election to take under the will if the legatee had full knowledge of his right to elect and of the value of both properties.
  • Doctrine of Approbate and Reprobate: Codifies the universal equitable principle that a person cannot approbate and reprobate—accepting testamentary bounty while repudiating the testator's disposition of his own property.
  • Waiver of Inquiries: Election is established if the legatee intentionally waives inquiry into his rights or acts in a manner that makes restitution impossible.
Key Landmark Precedents:
  • C. Beepathuma v. Velasari Shankaranarayana Kadambolithaya (1964) 5 SCR 836: The Supreme Court affirmed that under Section 187, a party who knowingly accepts and enjoys a benefit under an instrument is precluded from asserting inconsistent proprietary rights against the instrument.
  • K.S. Nanji & Co. v. Jatashankar Dossa AIR 1961 SC 1474: Held that the doctrine of election prevents a litigant from accepting the beneficial parts of a transaction while repudiating the burdensome terms.
Courtroom Practice & Strategic Litigation Guidance:

To establish an election under Section 187 against an adverse party, counsel must prove that the party accepted the legacy with full knowledge of the will's terms; obtaining written receipts or formal mutations under the will provides conclusive proof of election.