In this present case before the Hon’ble Supreme Court, the plaintiff had filed a suit for partition claiming that the subject property was not self-acquired property of Hari Ram, but a Hindu Undivided Family Property; however in another suit for eviction of an occupant the above mentioned plaintiff claimed that the same property had been bequeathed to him by Hari Ram.

The Supreme Court held that the plaintiff having accepted the Will and having taken benefit of the same, cannot now turn around and urge that the Will is not valid and that the entire property is a joint family property. The plaintiff accepting the bequest under the Will elected to accept the Will. The Division Bench of Justices Nageshwara and Deepak Gupta held that “The party cannot be permitted to blow hot and cold at the same time. It is trite law that a party cannot be permitted to approbate and reprobate at the same time. This principle is based on the doctrine of election. In respect of Wills, this doctrine has been held to mean that a person who takes benefit of a portion of the Will cannot challenge the remaining portion of the Will.”

The Court further held that “Where one party knowingly accepts the benefits of a contract or conveyance or an order, it is stopped to deny the validity or binding effect on him of such contract or conveyance or order. The doctrine of election is a facet of law of estoppel. Any party which takes advantage of any instrument must accept all that is mentioned in the said document.” Hence the doctrine of Election may be thus stated that he who accepts a benefit under a deed or will or other instrument must adopt the whole contents of that instrument, must conform to all its provisions and renounce all rights that are inconsistent with it.

 

Order:order

Image: https://www.google.com/url?sa=i&url=https%3A%2F%2Fwww.golegal.co.za%2Fdraft-valid-will-10-steps%2F&psig=AOvVaw1jNOKs8e9QjTHvz9KZkOil&ust=1586011349815000&source=images&cd=vfe&ved=0CAIQjRxqFwoTCPC37Pu-zOgCFQAAAAAdAAAAABAN