Legal Provisions Regarding Will to an Unborn Person under Hindu Law are as follows:
It is necessary that the person in whose favour bequest is made is in existence actually or legally at the time of the death of the testator. But by Hindu Transfers and Bequests Act, 1914, the Hindu Disposition of Property Act, 1916 and the Hindu Transfers and Bequests (City of Madras) Act 1921, the above rule has been relaxed to some extent.
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ADVERTISEMENTS:
Under the Hindu Succession Act, 1956 bequest in favour of unborn person can also be made under certain contingencies. In fact, in Hindu law there is no authority to support the doctrine against the bequest to an unborn person. Yet this doctrine has come to be engrafted by the decision of judicial committee in Tagore v. Tagore discussed earlier. It is submitted that the decision has been based upon wrong interpretation of the text in Dayabhag. But this case has been accepted since long, thus the maxim ‘communis error facit jus’ can also be applied to this case.