LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

nitin   23 January 2015

Succession - rights in fathers property

Hello,

 

My father passed away 6 years back without leaving a will. He is survived by me, my sister who is married and my step mother.

This is with regards to our residential property which my father had bought 10 years back. The agreement of the flat lists both my father and step mother as owners.

 

Me and my step mother have decided to separate.

 

I would like to know if I have any rights in the property and upto what extent.

 

My mother was advised that out of the proceeds received from the sale of flat, her share would be half of the total amount + 1/3rd of the remaining half.

 

I  tried reading up on intestate succession, and what I understood is that my step mother, me and my sister are class 1 heirs, with each receiving 1 share each .. i.e. 1.3rd each.

Also, we wish to settle amicably. The doubt is only about the % share of us three out of sale proceeds of the house.

Would appreciate guidance in this matter.
Regards.



 7 Replies

T.Pon Suyambu Vinayaham (Chief Manager (law))     23 January 2015

You are having 1/3 right, since you are 1st class legal heir

Kishor Mehta (CEO)     23 January 2015

Sir,

In absence of any contradictory evidence, your step-mother is 50% owner of the flat by virtue of her name being included in the ownership document.

The balance 50% of the value of the flat shall be divided equally amongst the three of you, each getting 1/3rd share.

Good Luck,

Kishor Mehta

sr.netizen (freelance)     24 January 2015

logic say just by including mere name does not give right of ownership to anyone.
it requires proof of payment from own account, gift deed etc.
if deal is in cash transaction or/ black money thn only name on record is termed as an owner otherwise feel it is little bit difficult.
Hwevr final authority is Hon'ble Court.

nitin   24 January 2015

Gentlemen, Thank you for your responses. I appreciate it. As the facts stand, step mothers inclusion in the flat agreement was in good faith by my father. The flat was bought and paid by proceeds of previous flat + home loan. Home loan was settled post fathers tragic demise with his PF and gratuity money. Seems he was not aware of its legal consequences and effect on me and my sisters right. Life and at times, the law, isnt fair ! Regards.

Kishor Mehta (CEO)     24 January 2015

Sir,

With due respect, when a husband gives anything to his wife it is termed as a gift out of true love and affection and the wife is not supposed to give anything in return.

In this case, though the wife may not have contributed anything towards the purchase of the flat, since her name is included in the ownership document, this will be termed as a gift of a husband, of an equal share in the flat, to his wife out of love and affection and future safety of his wife and she will be legally termed as equal owner of the flat though she might not have contributed anything towards the purchase of the flat, hence proof of payment is not required.

Good Luck,

Kishor Mehta

sr.netizen (freelance)     25 January 2015

completley agree with sr. ld. adviser, bt gesture of giving property out of love and affection needs documentary evidence otherwise it may term as an inclusion of name merely fr convenience.

hwevr tax authority and hon'ble judge knw better.

saravanan s (legal advisor)     25 January 2015

whatever ur stepmothers contribution in terms of money for buying the flat along with your father she is entitled to her 50% share+ 1/3rd of the other 50% share of your father


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads

LCI Learning Hindu Laws


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query