Hindu Succession Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1956
Section 20 of Hindu Succession Act: Right of child in womb
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
A child who was in the womb at the time of the death of an intestate and who is subsequently born alive shall have the same right to inherit to the intestate as if he or she had been born before the death of the intestate, and the inheritance shall be deemed to vest in such a case with effect from the date of the death of the intestate.
Legal Commentary & Landmark Judgments: Section 20
Section 20 codifies the fictional legal personality of an unborn child in the womb, providing that a child en ventre sa mere at the time of the intestate's death who is subsequently born alive inherits as if born before death.
Fictional Personality of Child in Womb: A child who was in the womb at the time of the death of an intestate and who is subsequently born alive shall have the same right to inherit as if born before the death of the intestate.
Vesting from Date of Intestate's Death: The inheritance is deemed to vest in the child with retroactive effect from the exact date of the death of the intestate.
Condition Precedent - Born Alive: The statutory right is strictly conditional upon the child being born alive; a stillborn fetus acquires no inheritance rights.
Key Landmark Precedents:
Vineeta Sharma v. Rakesh Sharma (2020) 9 SCC 1: The Supreme Court affirmed that a child in the womb is recognized in Hindu law as having a legal existence from conception, entitling an unborn daughter to coparcenary rights upon being born alive.
Basappa v. Sidramappa AIR 1965 Mys 145: Held that any partition executed among surviving heirs that ignores or excludes a child in the womb is liable to be reopened and redistributed upon the live birth of the child.
Courtroom Practice & Strategic Litigation Guidance:
If a partition or settlement deed was executed following the death of a Hindu male while his widow was pregnant, file a suit on behalf of the newborn child under Section 20 to set aside the partition and claim the child's rightful coparcenary and intestate share.
Legal Commentary & Landmark Judgments: Section 20
Section 20 codifies the fictional legal personality of an unborn child in the womb, providing that a child en ventre sa mere at the time of the intestate's death who is subsequently born alive inherits as if born before death.
If a partition or settlement deed was executed following the death of a Hindu male while his widow was pregnant, file a suit on behalf of the newborn child under Section 20 to set aside the partition and claim the child's rightful coparcenary and intestate share.