Haryana Judicial Service (Civil Judge) Prelims 2010 Previous Year Question Papers with MCQ Answers

The correct option is D: All of the above.

Explanation :

Personality starts with birth and thus, when a child is born alive he is considered to have a legal personality. An unborn child who is still in the womb of his mother is not technically a person. Although by legal fiction, an unborn child is considered already born and is granted a certain legal personality. 

For partition, a child in the womb is considered in existence and he inherits the property once he is born alive. Under the Indian Succession Act, an interest can be created in the name of the unborn child in property though the interest of the property can only be vested after the child is born alive.

The rights of an unborn child to sue for torts are still unsettled.

If a pregnant woman is awarded a death sentence, then its execution can be postponed till she delivers the child. Further, Under Explanation 3 of Section 299 of the Indian penal Code, 1860; the causing of the death of an unborn child in his mother’s womb is a crime and is a culpable homicide to cause the death of the living child if any part of such child had been brought forth though not completely born.

Under Section 13 of the Transfer of Property Ac,1882;  one can transfer property in favor of the unborn child. The transfer is not made directly to the unborn person and can be made through a trust, as this section lays down that the transfer is to be made “for the benefit of” and not the term “transfer to” an unborn child. Further, if the trust is not created then the transfer must be made first in favor of a living person and then in favor of the unborn child. The unborn child has an absolute interest in the property. Under this Act, the term “unborn” also covers such children who are not yet been conceived.