My mother passed without leaving 'will' can my father claim
Chethan
(Querist) 28 December 2013
This query is : Resolved
Hello Sir,
1. My Mother passed without leaving 'Will' can my father claim (or) file a mutation application to delete the name of my mother and transfer all the property on his(my fathers) name.
2. I'm also her legal heir(son). I supported my mother when she is alive so they started hating me including my father. Myslef and my mother are on one side and the other side is My father, two sisters and one brother.
Currently my father, two sisters and one brother all live in the same home which belongs to my mother. Now, they will not let me enter the house even they didn't let my 'mother stay in that home when she is alive' so she stayed with me.
3. Since they hate me so much if the property goes on my father name he will not give me any share so I would like to know is it possible that my father can claim (or) transfer all my mother property on his name.
4.Can you please kindly suggest me what action I should take to get some of my Mother property.
I would greatly appreciate for your valuable comments.
Thank you!
Chv
ABDUL RAZIQUE
(Expert) 28 December 2013
all the legal heir and successor of deceased have right on the property and no one can alone mutated his or her name.
V R SHROFF
(Expert) 28 December 2013
All legal heirs has right.
Father cannot transfer all the property on his( fathers) name.
Devajyoti Barman
(Expert) 28 December 2013
Since your mother predeceased her husband, she could not get any share in the property of her husband.
However the properties left by your mother wold be equally divided among all his legal heirs including your father.Your father can not deprive any of her legal heirs.
Rajendra K Goyal
(Expert) 28 December 2013
Well advised by the Expert Devajyoti Barman ji.
ajay sethi
(Expert) 28 December 2013
the property cannot be transferred in your father name without consent of all legal heirs . you can file suit for partition as mother died intestate
R.K Nanda
(Expert) 28 December 2013
NOTHING TO ADD MORE.
Chethan
(Querist) 28 December 2013
Thanks so much for your suggestions!
T. Kalaiselvan, Advocate 
(Expert) 29 December 2013
You have full rights to claim your legitimate share in your mother's intestate property. If you apprehend that your father is trying to mutate the property and get it transferred on his name alone, you may file a partition suit in which an injunction application also can be filed restraining your father's alleged activity in relation to the intestate property stated supra.
