Indian Laws for Right of a child in Womb

Under Indian laws that pertain to the joint family system, when a joint family undergoes partition, each member of the family is entitled to claim his/her share. Under Hindu law, coparacenary share is the term that is used. When partition is being contemplated and any woman of the family is pregnant at the time, Hindu law recommends postponing the partition till the child is born. In Hindu law, a child in the womb also has the right to a share. However, if it is not possible to reschedule the partition, a share must be kept aside and that share must be equal to the coparcener’s share. If, in case, the partition takes place without keeping a coparcener share for the unborn child, the after born son has the right to get the partition reopened.

Indian Laws: Joint Share with Father

The son has an important place in Indian laws pertaining to inheritance and succession. Indian laws do not entitle an after born son to reopen the partition if his father has got his share.  If the father gets his share, the son becomes a coparcener with the father. He can claim his father’s share as well as separate property of his father. A child, who is born after the partition of the joint family, is not to be counted as the member of the joint family.

In M S Subbukrishna v. Parvathi, AIR 2008 (NOC) 191 (Karn), the father had been given a meager share during the joint family partition. The son was born right after the partition. The court ruled that this child cannot claim a share of coparcenery but he can claim his father’s share as well as his self-acquired property to the exclusion of the divided sons.