RIGHT OF CHILD IN WOMB

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 property when born and not otherwise. On behalf of the child in 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 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. [M.S.Subbukrishna v. Smt. Parvathi 2008 AIHC 283 D.B. Karnataka H.C.]