The plaintiff received some property under the will. He filed a suit for eviction of an occupant in which he claimed that the property had been bequeathed to him. At the same time, he claimed that the description of properties given in the will being shown as personal properties were HUF property. It is a trite law that a party cannot be permitted to approbate and reprobate at the same time. This principle is based on the principle of the doctrine of election. In respect of wills, this doctrine has been held to mean that a person who takes the benefit of a portion of the will cannot challenge the remaining portion of the will. In Rajasthan State Industrial Development & Investment Corpn v. Diamond & Gem Development Corpn Ltd. (2013) 5 SCC 470, this court made an observation that a party cannot be permitted to “blow hot and cold”, “fast and loose” or “ approbate and reprobate”. Where one party knowingly accepts the benefits of a contract or conveyance or an order, it is estopped to deny the validity or binding effect on him of such a contract or conveyance or order.
(2020) 6 SCC 387- Bhagwat Sharan v. Purushottam and Others