• 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 9 months ago in Family Law from Thane, Maharashtra
Religion: Hindu
1) land was bought in step mother name for benefit of family 

2) on demise of mother you can file suit to claim share in said property as your step mother had no funds to purchase the property . 

3) in said suit make specific averment that your step mother had no source of funds and entire consideration was paid by your father 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
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The absolute owner of that property was your step mother hence you and your other real brother and sister have no right over that property, it will be better to settled the matter amicably with your step brother and if he is amicably ready to give you and your another bro and sis any share then ok, otherwise legally you can not get any share legally.

the main question will be raised before the court for you to proved that the money was from your father and no contribution of your step mother. if you proved it then it may be possible, can get share.

Nadeem Qureshi
Advocate, New Delhi
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130 Consultations
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You can claim succession to the property registered in name of your stepmother only if you can prove that the sale consideration was paid by your father and not stepmother. The consideration having moved from your father will have to proved through cogent documentary evidence to get a declaration of title to the property.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
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The property in the name of your stepmother, though reportedly bought by your father, shall be her own,absolute and exclusive property.  Upon her intestate death the property devolves on all her own legal heirs equally.  Her own class I legal heirs consists of her minor son and your father.  Since your father too died intestate, his 50% share share in the property shall again devolve on his own legal heirs consisting you and your siblings and the minor son of his second marriage. 
Therefore your share in the property is restricted 1/5th out of  your father's share from that property. The minor son of your step mother shall be entitled to i original 50% share and also 1/5th share out of your father's share in the property in addition to it. 
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
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if you are able to prove that property was bought by father in name of step mother then on your father demise you can claim share in the property along with your siblings as class 1 heir 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
What you have said is true. You will succeed to the share of your father in the property of his wife.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
 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.

Your understanding is right.  You are entitled to a legitimate share in the property which nobody can deny. 
In the meantime you may proceed in the direction by which you initially started your legal journey on this property dispute, put forth your arguments properly and see what and how court is convinced about your contention  to grant the reliefs sought by you. 
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0

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