Yash Prabhu 25 May 2020
P. Venu (Advocate) 25 May 2020
How is the property ancetral? Anyhow, illegitimate children are legal heirs to the father's property; but not the wife who is not legitimate.
Akshaya Kaushik 25 May 2020
The second marriage is void in the eyes of law, so the status of second wife nowhere stands and she is not entitled to the property of the husband/ancestral property of husband. But as per Hindu succession act, illegitimate child can claim right over the property of the father. So they are entitled to claim the said property in the absence of any WILL.
Dr J C Vashista (Advocate) 25 May 2020
The second wife and her chlidren have equal share in the intestate property left behind the man.
Child / children born from live in-partner and the partner (maid) shall not be entitled for any share in the property.
You have not stated whether the man is alive or not?
What is your locus standi, if it is not a hypothetical / fabricated story ?
Deekshitulu.V.S.R (B.Sc, B.L) 25 May 2020
What the Hindu Succession says is about the rights of children born of a void marriage. they are deemed to be legitimate, but not the children born thro the maid. The controversy is to which property they are entitled to. Is it the self acquired property of father or in the ancestral properties also. Reason being that the word "Property" is alone used in the section. I found that the SC has directed the Central government to sole this riddle. However I draw your attention in a recent case of A.P high court, published in 2019(6) ANDHRA LAW TIMES PAGE 248. I think this will solve the problem.
Yash Prabhu 25 May 2020