Hindu Succession Act, 1956 states that a child who was in the womb at the time of the death of an intestate and who is subsequently born alive shall have the same right to inherit to the intestate as if he or she had been born before the death of the intestate and the inheritance shall be deemed to vest in such a case with effect from the date of the death of the intestate.

The section is worded in sufficient amplitude and applies not only to cases where under the Act the heir, male or female, in order to become entitled to succeed to the intestate must be born out of valid marriage, but also to those cases where an illegitimate child is entitled to claim relationship and inheritance under Hindu Succession Act.

A natural corollary of the rule relating to vesting recognized under the Act is that in case of the death of the child at any time after birth, the inheritance devolving on the child will go by succession to the heirs of the child.