A owns Sultanpur Khurd and has a life interest in Sultanpur Buzurg, to which his son B will be…
Illustration (i) to section 187 holds that "B has not confirmed the bequest of Sultanpur Buzurg to C". Under section 187 acceptance of a benefit amounts to election only if…
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A owns Sultanpur Khurd and has a life interest in Sultanpur Buzurg, to which his son B will be absolutely entitled on A's death. A's will gives Sultanpur Khurd to B and Sultanpur Buzurg to C. Not knowing his own right to Sultanpur Buzurg, B lets C take it and enters Sultanpur Khurd. Has B elected to confirm the gift to C?
Answer and explanation
Correct answer A
Illustration (i) to section 187 holds that "B has not confirmed the bequest of Sultanpur Buzurg to C". Under section 187 acceptance of a benefit amounts to election only if the legatee "had knowledge of his right to elect" and of the material circumstances, or waived inquiry. B did not know of his right, so taking possession of Sultanpur Khurd was not an election.