Succession - rights in fathers property

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

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

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.

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.

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

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.

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