Hi,
We are a Christian family from Tamil Nadu. My grandmother has an ancestral property and she self earnt a few more properties which she divided to her 3 sons before her death. She divided whatever she self earnt to my uncles (my father's brothers) and the ancestral property to my father alone (witnessed by both of my uncles in the deed).
My father has two children - myself and my sister.
My father sold half of the same property in 1990 and took a home loan from SBI to re-construct a house on the remaining property. Myself and my sister were minor at that time.
My sister got married in 2004 and settled in Bangalore. After I started working, I took home renovation loan from SBI in 2007 (my father was the primary applicant and I was a co-applicant) for around 6 lakhs. Because my father was already retired and his pension was Rs.5000 while he had another loan for which he was paying Rs.4000, the loan approved only because of my income.
Since 2010, my father suddenly started saying my sister has equal right in the property and he would divide the property into two. I was paying EMI from 2007 to 2010 (the EMI was automatically taken from SBI account) and I stopped paying EMI saying I cannot pay EMI if the property is getting divided into two.
The question is -
Does my sister have any right in the property, she being Christian from Tamil Nadu, already married and settled in Bangalore?
If my sister has equal right, then what about the money I have paid as loan margin and EMI (my father says my sister pays EMI since 2010 which I am not sure, and the money is still taken from my SBI account only though I don't deposit any money now)?
If she has equal right, how can I force my father to divide into two now? Because for the few months, he started saying, he will give the complete property to my sister only. He started saying he got this property as a sale deed from my grandmother, not as a gift. He refused to show me the deed.
My father has already given her enough money to my sister in the form of dowry during her marriage. He also spent money during her delivery and helper her whenever she needed. I never stopped him at that time thinking that he was doing all that because he was going to give this property only to me.
Can you guide me what I can do with both scenarios in mind - ancestral property as sale and gift? Can I file a litigation now on that property? My father is doing all this because of his poor relationship with my wife.
I hate to give any share to my sister because she gave a criminal complaint against me and my wife that we were threating to kill her.
