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Report No. 110

Election: Sections 180-190

(94) The law relating to election in India, as incorporated in section 180, insists on forfeiture and is unduly harsh. Section 180 (the principal section on the subject) should be revised as under1:-

"180. Where a testator, by his will professes to dispose of some thing which he has no right to dispose of, the person to whom the thing belongs shall elect either to confirm such disposition or to dissent from it; and in the latter case, he shall compensate any person who has, by virtue of such election, lost the benefits provided for him by the will, such compensation not to exceed the benefits which may have been provided by the will for the person so dissenting."

1. Paras. 31.9 to 31.11.

(95) Section 181 should also be deleted, if section 180 is deleted as re commended above, since, after the proposed amendment of section 180, there will be no "relinquishment" by the legatee.1

1. Para. 31.12.

(96) In section 182 the reference to section 181 should be deleted, if section 181 is deleted as recommended above. Illustration to section 182 will also require change, if the recommendation to substitute (in section 180) compensation in place of forfeiture is accepted. Illustration (iv) to section 182 has become obsolete in view of present English law as to the age of majority and should be deleted. On the above basis, the illustrations to section 182 should be revised as recommended in the Report.1

1. Para. 31.14.



The Indian Succession Act, 1925 Back




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