On the death of the Hindu, the nearest heir at once becomes entitled to the property. The right to succession arises immediately on the death of the owner of the property. It means that the property has always one owner. It is never ownerless; it cannot remain in abeyance at any cost under any circumstances in the hope of birth of a more preferable heir.
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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.
ADVERTISEMENTS:
In certain cases by adoption of a son also the unheritance is postponed.
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.