My answer is as follows:
1. Is prop1 self aquired or ancestral? as P's father has purchased property prop1 and it is been devided among 6 brothers of P.
As P is alive, has w1s1 right in prop1? If P is in favour of w2's sons.
Ans: the said property is not ancestral property. To fit into the definition of ancestral property it has to come from four generations. But if a father dies without a Will then his self acquired property will be devolved on his legal heirs as per the inheritance. Both wives get equal shares and their respective children get equal share. But this can be happened only after the death of P. because property received by P from his father in the partition is his self acquired property only. P during his life time can execute gift deed or sell the property acquired by him from his father.
2. can w1s1 get share in prop2 ? If plaintiff proves prop2 has been purchased by income of prop1. and if P is in favour of second wife(w2) and her son.
Ans: This can happen only after the death of P. during the life time of P nobody has any right over such property.
3. Is it possible to challenge prop3 by plintiff with the argument of prop3 being purchased by income of prop1.
Any precaution needs to be taken in defence in matter of prop3.
Ans: No. as said above the rights accrue in favor of son only after death of P. however a suit may be filed restraining P from alienating all the properties on various grounds and thus prolong the issues.
4. If prop1 is ancestral, to fight for prop1 share to w2's son what acts/laws may come in favour.
From supreme court verdict dated March 31, 2011 in case of Revanasiddappa vs Mallikarjun No.12639/09
I read as children born out of void/null marriage is not illegitimate children.
[The amendment to Section 16 has been introduced
and was brought about with the obvious purpose of
removing the stigma of illegitimacy on children born
in void or voidable marriage (hereinafter, “such
Ans: The legitimacy of marriage discussed in many cases and now the settled law is that even children void marriages entitle for a share. The marriage is looked into as to whether it took place before 1955.
I am the person who is posting in this forum is w2's son. Can we fight to get share in prop1. Is the one case verdict is enough or more such cases verdict are required to take case stand.
If required please mention such case details where children born out of void marriages also got rights in ancestral property as coparcener.
Ans: Each case is to be decided on its individual facts, there is no jacket formula. However you can claim your share.
Defense filing is delayed. As defense lawyer told he will file defense in view of ancestral property being divided as two parts one for first wife son and other part is between second wife sons.
Need your valuable suggestion that will helps to file defense.
Ans: If delay is not condoned you may get permission from High court. you may follow advise of your advocate.
What does the grandparent's property law in India state? Does the grandson own the right to the property?
All property's owned by a Hindu person devolves onto his class one legal heir's.
Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)
Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.
Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.
Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.
Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.
To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.
Hope this brings some clarity to your question and your sense of entitlements