Share in the property bought by my father in the name of stepmother
My father got divorced from my mother in the year 2000.and he have four children from first wife two daughters and two son including me.He had inherited tenancy rights on two property situated in mumbai from his father and adopted father for which I had filed suit for share in the ancestral property in the year 2000 and said case was not persuaded by both my father and me ( he requested me not to persuade the case) due to which the case was disposed otherwise since both of us not attended the case after initially 1.5 years.
Thereafter he sold his tenancy rights without my consent and shifted to Bangalore and remarried other lady( Stepmother) in the year 2001 and he got one son from her. Now the issue is he had purchased land on stepmother's name and constructed 2 storey building on it. my Stepmother died(Without any Will) in 2013 leaving behind Her Minor Son and my father and after two years my father also passed away in the year 2016( he was continuously in touch with me and Before dyeing he contacted me for distribution of property among 5 of us including stepbrother but before he write any will he died).
Here i want to know if me and my siblings file suit for equal share in property which stands in the name of my Stepmother(Bought by my father in her name).
Asked 8 years ago in Family Law
Religion: Hindu
I will anyway proof in the court of law that sale consideration was paid by my father and property was bought in my stepmother's name, also just before his death he expressed his desire that property should be shared equally between all five of us including my step brother but before he could settle he died without executing will. leaving aside above situation as both died intestate, i would seek the below clarity, that Hindu succession law says that if the female dies intestate her property shall devolves on all her own class - I legal heirs equally and in my case it will be my father and her Minor son, there after my father died after two year so his portion of share shall devolves around his surviving legal heirs of class 1 which includes me and by siblings.
Asked 8 years ago