Unborn Coparcenor
Rights of Unborn Coparcener | Gaurang Singh, 2010 BA LLB 84 | Family Law II, Trimester VI, NLIU Bhopal |
Sr. No | Heading | Pg No. | I | Introduction | 4 | II | Rights of unborn child under different law | 4 | III | Judgements made before passing of Hindu Succession Act, 1956 | 7 | IV | Analysis of Section 20, Hindu Succession Act, 1956 | 8 | V | Essentials | 9 | VI | Conclusion | 10 | VI | Bibliography | 11 |
Statement of Problem:
The examination of rights of an unborn child in a Hindu Coparcenary. This project has also tried to conduct a comprehensive research on the requirements and exceptions related to this right.
Conceptual Framework
Under Section 20, Hindu Succession Act, 1956, a child who was in the womb at the time of the death of an intestate, who is subsequently born alive, is deemed to have the same right to inherit to the intestate as if he or she had been born, before the death of the intestate.
Objectives 1. To study the Rights of an unborn child in a coparcenary. 2. To look at all the requirements for these rights. 3. To understand the exceptions these rights. 4. To analyze case law on the above mentioned topics.
Introduction
To decide whether a child in the womb of the mother can be called as a person, it is pertinent to discuss different stages of birth of a child in the womb of a mother. Technically the term developing ovum is used for the first seven to ten days after conception i.e. until implantation occurs. It is called an 'embryo' from one week to the end of the second month and later it is called 'foetus'. It becomes an infant only when it is completely born. The life may enter immediately on the date of conception in the form of a small cell, which gets multiplied, and only when the child makes movements touching the internal walls of the womb, then the actual life does take its physical form, therefore, there may be controversy as regards the exact date of life entering the foetus.
Sr. No | Heading | Pg No. | I | Introduction | 4 | II | Rights of unborn child under different law | 4 | III | Judgements made before passing of Hindu Succession Act, 1956 | 7 | IV | Analysis of Section 20, Hindu Succession Act, 1956 | 8 | V | Essentials | 9 | VI | Conclusion | 10 | VI | Bibliography | 11 |
Statement of Problem:
The examination of rights of an unborn child in a Hindu Coparcenary. This project has also tried to conduct a comprehensive research on the requirements and exceptions related to this right.
Conceptual Framework
Under Section 20, Hindu Succession Act, 1956, a child who was in the womb at the time of the death of an intestate, who is subsequently born alive, is deemed to have the same right to inherit to the intestate as if he or she had been born, before the death of the intestate.
Objectives 1. To study the Rights of an unborn child in a coparcenary. 2. To look at all the requirements for these rights. 3. To understand the exceptions these rights. 4. To analyze case law on the above mentioned topics.
Introduction
To decide whether a child in the womb of the mother can be called as a person, it is pertinent to discuss different stages of birth of a child in the womb of a mother. Technically the term developing ovum is used for the first seven to ten days after conception i.e. until implantation occurs. It is called an 'embryo' from one week to the end of the second month and later it is called 'foetus'. It becomes an infant only when it is completely born. The life may enter immediately on the date of conception in the form of a small cell, which gets multiplied, and only when the child makes movements touching the internal walls of the womb, then the actual life does take its physical form, therefore, there may be controversy as regards the exact date of life entering the foetus.