This is a case on ancestral property. Basically my father gift deed the suit property to my bhabi (elder brother's wife) in 2010 (as per the papers) which i got to knew last year. They registered a case against me for threatening his life(totally fake) for the same which is going on in the court. The court also sent a local commissioner for the survey of the suit property and yes i have some part of the property in my control (registered by local commissioner - locks have been put up). But the problem which is coming is that my lawyers constantly say me that our probability of winning is very low and this is a case in which "We are fighting against the Law" as he says that according to ancestral property act, my father can transfer the "Whole Ancestral" property to my elder brother anywhere just on the tip of his pen. Is this true?
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1. Your father can not transfer the ancestral proeprty to person of his choice. He has such right only in respect of his self acquired proeprty.
2. So since he has done you can file a suit for partition to claim your share.
3.In the said suit you can claim for setting aside of the deed done in favour ofyour bhabhi.
Please confirm first, is that really an ancestral property because as per law ancestral property is one whoch is not divided for four generation.
Also if it is actually an ancestral property then it can not be gifted by your dad and you can challenge the said fift deed by filing a suit for separation and can claim your share in the property.
Regards
your father cannot transfer ancestral property to SIL by gift deed
2) you also have share in ancestral property
3) you should continue to fight till your Father and SIL agree on compromise
What my lawyer says is that my grandfather died after 1956, around 1956 an act was passed which says that my father is the actual owner. He also says that most of the people don't know about the concept of ancestral property in India- in a way, there is nothing as the ancestral property. He says that my father can transfer rest of the ancestral property in his name according to his will without any problem. Please clarify this point. I also want to know about the articles to be used in my case
See you have been advised wrongly, an ancestral property is one which is being transferred from four generations without any division and it is not necessary that a property which has been inherited by your father from the grandfather becomes an inherited property.
Regards
1) if it was self acquired property of your grand father on his demise your father inherited the property it would not be ancestral property
2)your father can execute gift deed for his share in property
3)property which has remained undivided for 4 generations would be ancestral property
The property your father inherited from his father cannot become ancestral property to you, i.e., your grandfather's property is not ancestral property in your hand hence all your attempts to acquire them shall be considered as an offence under anti land grabbing act.
Just because you have influence you have changed the property cards in your name will not confer marketable title to you in any manner.
The property inherited by your father shall be his own and absolute property hence he has full rights to transfer the same to anyone of his choice which cannot be disputed by anyone provided he had transferred the same by a registered deed and while he was in a sound mental health condition.
In my opinion, your own advocate's opinion may be correct because he is knowing the facts and background of the case based on the relevant documents ofthe property.
Think it over properly and take a wise decision at right time before you stand losing your hard earned money on litigation and advocate's fee..
What my lawyer says is that my grandfather died after 1956, around 1956 an act was passed which says that my father is the actual owner. He also says that most of the people don't know about the concept of ancestral property in India- in a way, there is nothing as the ancestral property. He says that my father can transfer rest of the ancestral property in his name according to his will without any problem. Please clarify this point.
I also want to know about the articles to be used in my case
Your advocate is absolute right in his opinion about the nature of ancestral property.
The property that belonged to your grandfather has been inherited by your father as his legal heir, hence your father becomes the absolute owner of the property and he can exercise his rights in the property to transfer the same to anyone of his choice and his authority to do this cannot be questioned by any law since the position of law says that he is the absolute owner of the property.
It appears that you are heading to a losing legal battle, hence it would be a right time to take a proper and wise decision at this time also, in this regard.