ALOK KUMAR 25 December 2021
Dr J C Vashista (Advocate) 26 December 2021
Your father can transfer "his" share in ancestral property.
You can file a suit a partition through your guardian till you attain majority.
However, it will be better if you may file after 2 years when you are 18 +
SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 26 December 2021
Very delicate situation. If you proceed legally, is it possible for you to continue to live in the family with you Father and Step Mother is a question to be weighed by you taking into consideration all the possibilities
You are as on date Minor and it may be about 2 years for you to attain majority so that you can file a case on your own. If you have to file a case right now, your natural Guardian(Father) has to do it on your behalf. However, unfortunately, the Natural Guardian himself ie. Father is trying to take away your rights and the other natural Guardian ie. Mother is no more. Therefore, you may consult a local Lawyer and try to get a case filed for injunction preventing your Father from alienating the property and you may have to get your Mother's father (your Grand Father) to act as your Guardian under the extraordinary conditions now. Strong reasons for your Grand Father has to act as your Guardian in filing case has to be explained strongly in the plaint. Since you are above the age of 12, you may file a special plea before the Court (through Local Lawyer)seeking end of the Guardianship of your father under the circumstances and preventing your Father from alienating the property.
Or the alternative is for you to wait to attain majority and then file a case questioning any alienation or sale of the property and get it annulled.
Advocate Bhartesh goyal (advocate) 27 December 2021