Under section 20 of the Hindu Succession Act, 1956, a child was in the womb when an intestate died and…
Section 20 gives a child in the womb at the intestate’s death the same inheritance right as if born before the death, provided the child is subsequently born alive. The…
Choose your answer
Under section 20 of the Hindu Succession Act, 1956, a child was in the womb when an intestate died and was later born alive. What is the effect on the child’s inheritance?
Answer and explanation
Correct answer A
Section 20 gives a child in the womb at the intestate’s death the same inheritance right as if born before the death, provided the child is subsequently born alive.
The inheritance is deemed to vest with effect from the date of death.
Option feedback
Option A
Section 20 gives the child the same inheritance right as if born before the death and deems vesting to take effect on the date of death.
Option B
The birth must occur alive, but vesting is deemed to take effect from the death, rather than the later birth.
Option C
Being in the womb at death is consistent with inheritance when the child is later born alive.
Option D
Section 20 imposes no requirement to obtain the other heirs’ consent.
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