Under these circumstances, when the object of Sub-sections (1)and (2) of Section 16 of the Act is to confer a child which is born out of a wed lock which is null and void or out of a wed lock which can be declared as void in law as provided under Section 12 of the Act, in our view, it would not be right to limit the properties of the parents referred to under Sub-section (1) and (2) of Section 16 of the Act only to the self-acquired properties of the parents and exclude either the joint family or the ancestral properties of the parents. In our considered view, it should not make any difference whether it is a joint family property or a self-acquired property of a parent. Once such a child is given the status of legitimacy, as noticed by us earlier, for all purposes, such a child should be treated on par with the other children born to the parents whose marriage is valid in law. If the marriage is either null and void under Section 11 of the Act or is required to be declared null and void under Section 12 of the Act, the child born out of such marriage, which is given the status of legitmacy under Section 16 of the Act, in no way can be held responsible. For the contravention of law committed by the parents, a child born out of such a wed lock, when it is conferred with the status of a legitimacy and given a right, in properties of the parents, cannot be deprived of the right to take his share either in the joint family property or ancestral properties of the parents. Therefore, once such a child is conferred with the status of legitimacy, we are of the view that such a child should be conferred with the status of a coparcenar and will be subject to all the rights and obligations of the members of coparcenary. It is necessary to point out that the provisions contained in Section 16 of the Act, when it speaks of conferring status of legitimacy to a child born out of a marriage whether void or voidable in law, guarantees right in the properties of the parents. The object of Section 16 of the Act is intended to protect the interest of such children both in regard to their status and the right to succeed to the estate of their parents. Such a beneficial provision, which intended to protect such children, in our view, should be given a liberal and wider meaning, which would serve the object of the legislation. Any restricted meaning, in our view, would be in contravention of the provisions contained in Sub-section (3) of Section 16 of the Act. Further, it is also necessary to point out that such a child of a void or voidable marriage, in our considered view, should be treated as related to its parents within the meaning of Section 3(1)(j) of the Succession Act by virtue of Section 16 of the Act. The proviso given to Section 3(1)(j) of the Succession Act must be confirmed to those children who are not clothed with legitimacy under Section 16 of the Act. Therefore, we are of the view that by virtue of Section 16(1) of the Hindu Marriage Act as amended in 1976, the illegitimate son can be equated with his natural sons and treated as coparceners for the properties held by the father whether the properties be originally joint family property or not. However, the only limitation is that during the lifetime of the father, the illegitimate son of a void marriage is not entitled to seek for partition and he can seek for partition only after the death of his father. In our view, we are also supported by the Division Bench decision of the High Court of Andhra Pradesh in the case of Rasala Surya Prakash Rao and Ors. (supra) strongly relied upon by Sri Jadhav wherein it has been held that a child of void marriage is related to its parents within the meaning of Section 3(1)(j) of the Succession Act by virtue of Section 16 of the Act and the proviso to Section 3(1)(j) must be confirmed to those children who are not clothed with legitimacy under Section 16 of the Act. In the said decision, the Court, after reviewing the decisions of Madhya Pradesh, Madras, Bombay High Courts and the Privy Council, and after referring to the decisions of the Supreme Court in the case of Gur Narain v. Gur Tahal Das, and in the case of Singhai Ajit Kumar v. Ujayar Singh, of the judgment, has observed as follows:
"33. From the principles enunciated in the various decisions discussed above, it is quite clear that even prior to the advent of Section 16 of the Hindu Marriage Act, both as per the Shastraic and textual law as well as the decisions of the highest Courts, the illegitimate son of a Sudra is entitled to enforce a partition after the father's death. He is entitled to the rights of survivorship as he becomes a coparcener with the legitimate son. The decisions have held that he is a member of the family and that he has status as a son and by virtue of that he is entitled to the right of survivorship. Section 16 of the Hindu Marriage Act has conferred on him the status of a legitimate son and his other pre-existing rights are, in no way, curtailed. After the 1976 amendment of Section 16, the benefits of Section 16 are enlarged and such benefits are also conferred on a son of a marriage which is void under the provisions of the Hindu Marriage Act, whether a decree of nullity is passed or not, such a son becomes a legitimate son. Such a child is also entitled to rights of succession under the Hindu Succession Act. A child of void marriage is related to its parents within the meaning of Section 3(1)(j) of the Hindu Succession Act, by virtue of Section 16 of the Hindu Marriage Act. Proviso to Section 3(1)(j) must be confirmed to those children who are not clothed with the legitimacy under Section 16 of the Hindu Marriage Act. In conclusion, we hold that by virtue of Section 16(1) of the Hindu Marriage Act, as amended in 1976, the illegitimate son can be equated with his natural sons and treated as coparceners for the properties held by the father whether the property by originally joint family property or not. The only limitation is that during the life time of the father the illegitimate son of a void marriage is not entitled to seek a partiton. He can seek a partition only after the death of the father. "