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Section 190: Postponement of election in case of disability

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 189 All 391 Sections of Indian Succession Act Section 191

Legal Commentary & Landmark Judgments: Section 190

Section 190 provides for the Postponement of Election where the legatee is subject to legal disability by reason of minority or unsoundness of mind.

  • Postponement During Disability: Where the legatee is a minor or of unsound mind, the election is postponed until the disability ceases, or until an election is made on his behalf by a competent court or guardian.
  • Judicial Sanction of Election: The High Court or District Judge having jurisdiction over the ward may elect on behalf of the minor upon an application demonstrating what choice is most beneficial to the ward.
  • Protection of Incapacitated Persons: Prevents minors and mentally incapacitated beneficiaries from being prejudiced by forfeiture or statutory deemed election under Section 189.
Key Landmark Precedents:
  • C. Beepathuma v. Velasari Shankaranarayana Kadambolithaya (1964) 5 SCR 836: The Supreme Court noted that Section 190 provides essential protection to minors, ensuring that no election operates against an infant without judicial determination of best interests.
  • In re Montagu (1896) 1 Ch 549: Followed in India: the court conducts an inquiry into the comparative values of the two properties and elects on behalf of the infant for the more valuable estate.
Courtroom Practice & Strategic Litigation Guidance:

When an election issue arises concerning a minor heir, counsel for the guardian should file an application before the District Judge under Section 190 for leave to elect, placing on record certified property valuations to demonstrate maximum financial benefit to the minor.

Section 189 All 391 Sections of Indian Succession Act Section 191