Section 186
Exception to provisions of last six sections.
The Indian Succession Act, 1925
About this Act
An Act to consolidate the law applicable to intestate and testamentary succession.
Notwithstanding anything contained in sections
180 to 185, where a particular gift is expressed in the will to be in lieu of something belonging to the
legatee, which is also in terms disposed of by the will, then, if the legatee claims that thing, he must
relinquish the particular gift, but he is not bound to relinquish any other benefit given to him by the will.
Illustration
Under A's marriage-settlement his wife is entitled, if she survives him, to the enjoyment of the estate of Sultanpur during her life. A by his will bequeaths to his wife an annuity of 200 rupees during her life, in lieu of her interest in the estate of Sultanpur, which estate he bequeaths to his son. He also gives his wife a legacy of 1,000 rupees. The widow elects to take what she is entitled to under the settlement. She is bound to relinquish the annuity but not the legacy of 1,000 rupees.
Illustration
Under A's marriage-settlement his wife is entitled, if she survives him, to the enjoyment of the estate of Sultanpur during her life. A by his will bequeaths to his wife an annuity of 200 rupees during her life, in lieu of her interest in the estate of Sultanpur, which estate he bequeaths to his son. He also gives his wife a legacy of 1,000 rupees. The widow elects to take what she is entitled to under the settlement. She is bound to relinquish the annuity but not the legacy of 1,000 rupees.