According to the law, Class I heirs can claim the property in case a person dies intestate. The Class I heirs include:
- Son
- Daughter
- Widow
- Mother
- Son of a predeceased son
- Daughter of a predeceased son
- Widow of a predeceased son
- Son of a predeceased daughter
- Daughter of a predeceased son of a predeceased son
- Widow of a predeceased son of a predeceased son
If the Class I heirs are not available, the property succession is moved to the Class II heirs who include:
- Father
- Son's daughter's son, (2) son's daughter's daughter, (3) brother, (4) sister
- Daughter's son's son, (2) daughter's son's daughter, (3) daughter' daughter's son, (4) daughter's daughter.
- Brother's son, (2) sister's son, (3) brother's daughter, (4) sister's daughter.
- Father's father; father's mother.
- Father's widow; brother's widow.
- Father's brother; father's sister.
- Mother's father; mother's mother
- Mother's brother; mother's sister.
Share on the ancestral property by the children from the second wife:
The children from the second wife do not have any claim in the ancestral property. However, they can be considered as legitimate heir for the ancestral property, if the father died intestate.
What happens if both the wives file claim on the property:
If the man marries another woman without divorcing the first wife, the first wife still owns the share on the property after the demise of the man. The children who were born from the second wife after the marriage will have their rights on the father’s property but the second wife will not have any since the marriage took place before the first wife was legally divorced.