ISSUE:
Whether the Respondent holds a share in the inherited suit property?
Whether there was election by Pallaniappa under Section 180 of the Indian Succession Act and if so whether the respondent would be bound by it?
RULE:
The election under Section 180 of the Succession Act would only arise where the legatee derives some benefit from the Will to which he would not be entitled except for the Will. In such case, he has to elect whether to confirm the Will or dissent from it.
Thus, election only arises where the legatee has to choose between his own property which might have been willed away to somebody else and the property which belongs to the testator and which the testator has given to the legatee by the Will.