Devi Prasad v. Gopal Chandra
Rule established
A person who accepts a benefit under an instrument is deemed to have elected in favor of all provisions of that instrument, including those disposing of their own property
Facts
- A will gave a legacy to X and also disposed of X's self-acquired property in favor of Y
- X accepted the legacy without raising objection to the disposition of their property
- X later tried to reclaim the property while retaining the legacy
Issue
- Whether acceptance of a benefit under an instrument amounts to election in favor of all provisions of that instrument, including those that dispose of the beneficiary's own property.
Held
- X is deemed to have elected in favor of the transfer. By accepting the legacy, X consented to all provisions of the will, including the transfer of X's property to Y. X cannot approbate and reprobate the same instrument.
Ratio Decidendi
S.35 embodies the maxim qui approbat non reprobat. A person who takes a benefit under a transaction must submit to all its provisions. Acceptance of the benefit raises an implied election, binding the person to surrender the property that the transaction purports to transfer from them.
How to use it in an exam
Use in election problems where the beneficiary has accepted the benefit. Key line: "He who accepts a benefit under an instrument is deemed to have elected in favor of all its provisions, including those disposing of his own property."
Source
Source: Avatar Singh, Law of Transfer of Property
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.