If she is a legitimate wife she has right in the property. Her children will always have rights

The property that was willed belongs to your mother. The other half belongs to his family ie 1st and 2nd wife and their children if it was his welf acquired property.

You should file a partition suit and make them all parties or arrive at an amicable settlement.

Why Your mother will get half share from the OTHER half.

The portion you get through will is only yours. 

Tc

Yes she will have rights

Then the self acquired property of your father should be divided amongst his 2 wives and his children from them. Act accordingly.

It is necessary to peruse will to advice 

2) for half site your mother would be beneficiary 

3) for balance your mother would not be eligible as she is second wife and has no share in property of her deceased husband 

Second wife has no share in property 

it would devolve on father legal heirs ie first wife , 2 daughters and children born out of second marriage 

Look you got half share via WILL as your mother is mentioned as Maid in that....now if you or your mom will claim another part as wife or you as son than it will contradict what is mentioned in the WILL. It will create legal challenges for you. As ypur father didn't divorce his first wife so marriage with your mom is invalid technically......

So, there are so much legalities involved. Better enjoy the half share

You may note that the legal fact as narrated by your father in his registered Will, is that your mother is a maid and he never mentioned her as his wife.

Therefore as a maid she cannot claim any share in the other half site as a right.

The Will shall be a substantial evidence to the first wife to prove that your mother was not a wife to him anytime during his lifetime, hence she will repudiate any claim made b yor mother in that respect, and the law will support the first wife's pleadings.

Thus instead of taking it legally and fighting  losing legal battle, you may better arrive at an amicable solution for this by reconciling the differences with the first wife and gain some benefits. 

You may discuss with your local lawyer at length and design a plan to tackle this situation legally or otherwise.

Legally speaking, even if you prove that your mother was legally married to your father, since the second marriage, especially during the subsistence of the earlier marriage and the spouse living, it is not legally valid, in fact it would amount to an offence under bigamy.

Therefore it may not be possible to make a legal claim for a share in your father's property by your mother, however you being his biological  and legitimate son of your father, you are entitled to claim a share out of his self acquired property.

You can file a partition suit to claim your rightful share out of your decesed father's self acquired property.

Without going through the contents of the WILL, it is not possible to provide you with the correct advice. Now regarding your mother, she would have right over the half site and for the remaining site, the second wife cannot make any claim over it because legally as per your facts, your mother is not a legally wedded wife because marriage with first wife has never ended in divorce or annulment. 

1. Even if he has mentioned her as his maid she still inherits half the site in terms of the will.

2. So far as other half is concerned, it devolves on his first wife and biological children from first wife. Since he remarried your mother during the subsistence of his first marriage your mother is not his Class 1 heir, hence she does not succeed through intestate succession to the remaining half of site.

1. Under the Hindu Succession Act, "ONLY" the FIRST wife is the legally wedded wife and any other woman cannot be said to be married as Second Wife, if first wife was alive. The Law does not recognize second wife.

2. However children from Second wife are "legitimate" for all purposes and are entitled to their share in their biological Father's properties.  This has been upheld by several HC /SC judgments.

3. Legally the Second Wife (Hindu) CANNOT claim any property of a Husband whose first wife was alive at time of marriage with second wife, even if the first wife had given consent or whatever.

Well if the first wife was not divorced then you can only claim in the property which was his self acquired and not ancestral property. 

While children born of the second wife have right on their parent’s property, they do not have a direct right on the joint ancestral property, especially if the second marriage occurred without divorcing the first wife. The children are, however, understood to be legitimate and can be coparceners in father’s ancestral property if he dies intestate.

In recent case hearing in the Bombay High Court, where the father had married for a second time after ousting his first wife and her daughter, the court directed that they should receive their rightful share of property in the man’s ancestral property. Therefore, one-fourth of the land was shared between the first wife, her two married daughters and the man.

What happens when two wives claim the share?

In a recent judgement, the right of the first wife was upheld.

Sheetaldeen (husband) was deserted by his first wife Sukhrana Bai and thereafter he married Vidyadhari with whom he had four children. Sheetaldeen had made Vidyadhari his nominee and all benefits that came out of his employment was reserved for her. She could also claim succession certificate for her four children. However, when both wives filed succession certificates, after Sheetaldeen's demise, while the trial court was in favour of the second wife, the Madhya Pradesh High Court favoured the first wife.

On further appeal, it was decided that the first wife would be given one-fifth of the property share. The four children too got their legitimate share but the second wife had to forgo her share because, in the eyes of the law, Sukhrana Bai was the legitimate wife who was not divorced before Sheetaldeen remarried.

Good luck.

Dear Querist

your mother has two option, firstly, accept the share as per the Will. secondly if she wants the share in the whole property then the property shall be divided as per Hindu Succession Act-1956 in which your mother shall not get the share as she received by way of Will because to get the share in the whole property or in the remaining Half property your mother has to show that she is the wife of your father hence the Will can be a challenge that your father did not accept your mother as Wife and he mentioned in the Will as Maid. Apart from the above, the property shall be divided between both mothers and their respective children so your mother cannot get more share as she received by way of the will of your father.

It will be better to accept the Will of your father and get the Half share in the property and forget about the remaining half. 

Feel Free to Call

1. Your mother will not have any right over the other 1/2 site, which has opened up for inheritance, after your father's intestate death (assuming that your father had only named your mother as the successor for 1/2 site and for the remaining 1/2 site he had not executed WILL). However for the other 1/2 site, first wife, 2 daughters from first wife, child/children from second wife, i.e. you (assuming that you are the only child to your parents), totalling to 4 equal shares.

2.  Even though your father's name has appeared as husband in your mother's records, still infact she had been your father's second wife and she would have got the legal right only if she had married your father after the demise of first wife or if your father was a divorcee.

NO, your mother have no right. Second marriage is void. But you have.

Going by contents of your post, straight away your mother is entitled to half share in the property.

However, the contents of the Will needs to be perused for guiding you properly.

Your mother will not get share in the second half of the property.

In presence of first wife, your mother will not have any right to claim the same.

Reply to your second post:

Your mother  will not have share in the balance property.

Your father's first wife, children and children of second wife will have right in the second part.

-  As per section 17 of Bigamy Act, any marriage between two Hindus solemnised after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of Sections 494 and 495 of the Indian Penal Code shall apply accordingly.

- Hence, the said marriage with the second wife without getting divorce from the first wife is not valid and attract Bigamy as per law. 

-  Further, since the second marriage is not a valid marriage , hence as per law that lady will not treat as your legal wife,

- Further the second wife cannot claim any right over the property of her alleged husband .

- Since, your father has left a WILL in favour of your mother , hence no body can clam over the said property , except your mother , but other half of the property she cannot claim 

- But being one of the legal heir , after the death of your father you can claim over other half of the property equally to other wife of your father , if that portion is not in the name of other wife via WILL etc. 

In the case of a legal second marriage, the property can be claimed by children of the second wife and second wife also , too. However, if it happens when the husband has not divorced his previous wife or the wife is living and the man remarries, the second marriage is taken to be null and void. hence second wife has no share. 

as a biological son u can claim but second  marriage is null n void. 

Respected sir ...

As you got half share via WILL as your mother is mentioned as Maid in that....now if you or your mother will claim another other part as wife or you as son than it will contradict what is mentioned in the WILL. It will create legal challenges for you. As your father didn't divorce his first wife so marriage with your mom is invalid technically.....so it will be quite better for you to take the half share in the same ...

Thank you

Your mother cannot claim share from remaining half property of your father because second marriage is considered null and void as per Hindu Marriage act but you can claim share from that property as you are legal heir of your Father.