CHAPTER XV LEGITIMACY According to the law of England, a child born during lawful marriage (wedlock) or within a competent time after the dissolution of such marriage or after the death of the husband is presumed to be a legitimate child of the husband, unless it is proved that the husband was impotent, or that the husband and the wife had no sexual access to each other at a time when conception could have taken place. Under section 112 of the Indian Evidence Act (vide Appendix II) there is a presumption in favour of legitimacy of a child born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, and the presumption can only be rebutted if it is shown by competent evidence that the parties to the marriage had no access1 to each other at any time when the child could have been begotten. In England the presumption of legitimacy ihay be rebutted by proof of the impotence or sterility of the husband, but there is nothing specific on this point in the Indian law. An illegitimate or bastard child is one which is born out of wedlock or not within a competent time after the cessation of the relationship of man and wife or born within wedlock when procreation by the husband is not possible. By the law of Scotland and by the Legitimacy Act of England amended in 1926, an illegitimate child becomes legitimate by the subsequent marriage of the parents, and inherits the property of its father. The question of legitimacy may arise in the following cases : — 1. Inheritance.—A legitimate child born during lawful wedlock can inherit the property of its father. According to the law of England a monster, which has not the shape of mankind, is incapable of inheriting, but there is nothing specific on this 'point in the Indian Law. A monster generally does not live after it is born, but double monsters of the varieties of the Siamese twins may live to adult age. They are united mostly in the umbilical region or at the pelvis, and have some organs common to both. 2. Tenancy by Courtesy of England.—If a" man marries a woman who owns estates, and has by her a child born alive, he shall, for his lifetime, become the tenant of the estates by the Courtesy of England after the death of his wife, but the child should be born during lawful wedlock. Thus, the husband cannot have any interest in the estates, if the child was delivered alive by Caesarian section after the mother's death, though such a child is regarded as a legitimate child. If she has had no child born alive, her estates pass to her next heir-at-law at her death. The law of tenancy by courtesy is not tejiable in India, for section 20 of the Indian Succession Act (Act XXXIX of 1925) as amended upto 1932 enacts that no person shall, by marriage, acquire any interest in the property of the person whom he or she marries or become incapable of doing any act in respect of his or her own property which he or she could have done if unmarried, but this section is not made applicable to a marriage contracted before the first day of January 1866, nor shall it affect any marriage between the parties, one or both of whom professed, at the time of such marriage, the Hindu, Muhamadan, Buddhist, Sikh or Jain religion. It may also be mentioned that by the Administration of Estates 1926, the old law as to inheritance and succession to property in 1. Access means no more than opportunity of sexual intercourse. It does actual intercourse (mde Nagpur High Court Cr. Revision No. 502,. Mtf Ma&Mi Sonafi KunU, 43 Cr. Law Jour., Sep. 1942, p. 717).