Right of Child in Womb
A legal fiction is a thing that is assumed or generated by courts, which is applied to help court to reach a conclusion and decision or to use any legal rule. The concept of legal fiction is used common law jurisdictions, specifically in England. A child in womb is for many reasons considered a child already born, according to the maxim, Nasciturus pro jam nato habetur. Therefore in the law of property, there is a fiction that 'a child en ventre sa mere' is a person being for the purposes of (1) the acquisition of property by the kid itself, or (2) being a life chosen to make a part of the amount within the rule against perpetuities." Right of Child in Womb Section 20 of Hindu Succession Act 1956, recognises posthumous child as an heir . This section lays down A child who was in Womb at the time of death of an intestate and who is subsequently born alive shall have same right to inherit to the intestate as if he or she has been born alive before the