LegalCrystal – Blog

USEFUL LEGAL TIPS

Is a Child in the womb entitled to for a share in the co-parcenary property of an undivided Hindu Joint Family?

KNOW THE RIGHT OF CHILD IN THE WOMB

[UNDER HINDU MITAKSHARA FAMILY]

[Based on Section 20 of Hindu Succession Act and the law laid down in different decisions]

1. A Child in the womb is entitled to for a share in coparcenary property of an undivided Hindu joint family.

1. The Child is entitled for a share in the joint family property when born alive and not otherwise.

1. On behalf of the child in the womb no partition suit is maintainable.

1. In case of a partition of the joint family property by the father amongst his sons, even a son born after a partition arrangement can challenge the partition if the father has not retained separate share for himself exclusively.

1. In a partition if a share is allotted to the father, a son begotten or born after the partition is not entitled to have the partition reopened and to claim redistribution of the shares. But a child begotten after partition is entitled to succeed to the father’s share and to his separate or self-acquired property to the exclusion of divided sons.

[2007(6) AIR Kar R 169]

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