https://www.taxtmi.com/caselaws?id=313734 The Bombay HC held that defendants who accepted specific legacies under a will (jewellery and Rs.2 lakhs bequest to their son) cannot simultaneously challenge the will's validity based on undue influence. Applying the principle of approbation and reprobation, the court ruled that accepting benefits under an instrument requires accepting it entirely - one cannot accept benefits while repudiating other provisions. The defendants' acceptance of legacies constituted an election under Sections 187-188, waiving their right to challenge the will's execution. The petitioner's suit for probate succeeded and was decreed. en-us Sun, 16 Nov 2014 00:00:00 +0530 Tue, 30 Apr 2024 21:26:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=313734 The Bombay HC held that defendants who accepted specific legacies under a will (jewellery and Rs.2 lakhs bequest to their son) cannot simultaneously challenge the will's validity based on undue influence. Applying the principle of approbation and reprobation, the court ruled that accepting benefits under an instrument requires accepting it entirely - one cannot accept benefits while repudiating other provisions. The defendants' acceptance of legacies constituted an election under Sections 187-188, waiving their right to challenge the will's execution. The petitioner's suit for probate succeeded and was decreed. Case-Laws Indian Laws Sun, 16 Nov 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=313734