Can my father transfer ancestral property to my sister

550 votes

Sir,
Your father cannot transfer the property in favour of your sister.

But it might be that the property be in your father's name alone. Then in that case, you can file a suit for declaration that the property is ancestral and you have right by birth and can seek injunction against alienation against your father.

If your father had made the transfer then you can challenge the same and seek injunction against your sister.

Advocate Navjot Singh Wahniwal LawRato

664 votes

As you have told its an ancestral property, first question to the same is has this property been your father's share in the partition which may have happened between your father and his brothers. If the answer is yes, then you father has the share in the said property in personal capacity, and he may be able to make a will in favour of your sister, however if the answer is negative, then you may be able to secure injunction on the said transfer in the name of your father. In case you seek partition in the property, you may be entitled to 1/3 share, since your father is alive.
You have a valid case, and there is likely hood of stay being granted in your favour. You may contact me for further details for more specific advice.

Advocate Vivek Nasa LawRato

912 votes

If the property is ancestral in the hands of your father then it will devolve as per the Hindu Succession Act. So coparceners will have equal share including your mother and your other siblings. This your share will be accordingly defined. You can seek injunction from Court in case you want to stop transfer of the same to your sister entirely. For claim you must file a suit for partition.

Advocate Rohan Mittal LawRato