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]
A Child in the womb is entitled to for a share in coparcenary property of an undivided Hindu joint family.
The Child is entitled for a share in the joint family property when born alive and not otherwise.
On behalf of the child in the womb no partition suit is maintainable.
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.
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]