The Expression ‘Inheritance Is Never In Abey­ance’ – Explained!

But, if at the time of the death of the owner a son or daughter is conceived, the inheritance will be postponed till the birth of the son or the daughter. But it is a condition precedent that the germ of son or the daughter was in the mother’s womb before the death of the owner.

In certain cases by adoption of a son also the unheritance is postponed.

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If the property vests at the time of the death of a person in another person who is then the nearest to the last owner is cannot be divested afterwards by the birth of a preferential heir except that the preferential heir like son or daughter was conceived at the time of the death of the last owner.

For example, a Hindu dies leaving a blind and deaf son A, and a nephew B. A cannot inherit on account of the physical disabil­ity, so the property passes on to B, the nephew. Afterwards A, the blind son marries and a son C is born to him. C claims the property from B. C is not entitled to it because C was not even conceived at the time of the death of his grandfather, the owner of the property, so the property once vested in B cannot be divested by the birth of C.