Response

In the ancestral property (if proved), the son of first wife can seek partition and separate share out of the share of his father and not beyond that. The father can settle his entire self acquired properties in favor of his children born out of his second wife without allotting any share to the son of first wife.

Your father may execute a Will in favor of anyone or more than one person of his choice bequeathing his self acquired moveable or immoveable properties besides his own share of property out of the ancestral properties. The Supreme Court has ruled that children born out of wedlock have the right to inherit their fatherÕs ancestral property. In Revanasiddappa vs Mallikarjun case, court ruled that children from a second wife had rights to their fatherÕs ancestral property.

Though the solemnisation of second marriage during the existence of first marriage is invalid, the children born out of such marriage cannot be illegitimate children. Such children have equal rights towards the self acquired property of their father along with his other class I legal heirs. His second wife may not have any rights in the property that have been left intestate by the husband.

Therefore, you can claim your share in ancestral property by filing a partition suit. However, share in self-acquired property of your father can only be devolved according to his will.

Reference: Hindu Succession Act, 1956

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LAWAYZ-2023-472