Since at the time of decree of partition both of you siblings were born, the same would be c0nsidered as your ancestral property and your father can not deprive either of you. 

This property was not an ancestral property when you father acquired it through court.

It becomes his share of property which is considered as his self acquired property and it becomes his own and absolute property.

Hence he can dispose the property in any manner he may decide and he need not have to obtain consent from his children to dispose his property.

Once deed of partition has been executed for division of property it is self acquired property of your father and you have no share in said property during father lifetime 

father can  gift or will the property 

Since your father acquired the share through partition, it will not be called self-acquired property. However, your father can bequeath his share to you or your sister through will. Nevertheless, even if your father doesn't bequeath his share to you both equally in the will, under intestate succession you both are entitled to get equal share. 

- The Supreme Court of India , in the matter of Maktul Versus Manbhari & Others held that “ the only property that can be called ancestral property is property inherited by person from father, grandfather and great-grandfather. This implies that only that property which has flown undivided across four generations is called ancestral property. Once an ancestral property is partitioned amongst the coparceners it loses the characteristic of ancestral property and become Self acquired property.

- Since, your father has got that property through a partition suit from the Court , then it will be considered as his self acquired property. 

- Further, being the owner of the self acquired property , your father has his right to transfer it to anyone without the consent others.

- Hence, during the life time of father , you both have no rights over fathers property. 

The partitioned property is considered as separate property having the characteristics of self acquired property in your father's hands. Being this being the self acquired property of your father, your father shall have absolute right to deal with the property according to his sweet will and wish, allowing him to execute a WILL naming the beneficiaries or gift it to anyone during his lifetime. In case your father dies intestate, then the property would devolve equally to your paternal grandmother (if alive), your mother (if alive), you and your sister.

In cases where ancestral property has been partitioned, the Supreme Court has stated that the property loses its ancestral character and becomes self-acquired property

Dear Client,

According to Indian law, specifically the Hindu Succession Act, of 1956, a property that is inherited from a common ancestor is considered as ancestral property. As your father received the property through a partition suit, it has its ancestral nature. This means the property is not his self-acquired property. Also, the Mitakehara school of Hindi law is applicable in ancestral property, as you and your sister being born before the partition  in 1997, are considered coparceners by birth. According to Hindu law, all coparceners have equal and automatic rights to their ancestral property, which cannot be taken away by a will or gift. Hence,Your father cannot dispose of the whole property without your permission. The property is subject to your equal rights, and any step to transfer it without your approval would be legally challengeable.

Thank you.Hope this answers your query.

When a Hindu family's common property is divided, each coparcener is entitled to treat his share as his own distinct property.

It is now well settled in view of several decisions of this Court that the property in the hands of a sole coparcener allotted to him in partition shall be his separate property for the same shall revive only when a son is born to him

- The Supreme Court of India , in the matter of Maktul Versus Manbhari & Others held that “ the only property that can be called ancestral property is property inherited by person from father, grandfather and great-grandfather. This implies that only that property which has flown undivided across four generations is called ancestral property.

- Further, once an ancestral property is partitioned amongst the coparceners it loses the characteristic of ancestral property and become Self acquired property.

Dear Client,

Based on the legal principles which is established in Rohit Chauhan vs Surinder Singh &Ors(2013),the property which your father received through the 1997 partition cannot be termed as his self-acquired property.At the time of partition,as you and your sister were already born,so the property assumed the nature of coparcenary property upon partition.In Hindu law, as affirmed by the Supreme Court in the Rohit Chauhan case if any property received by any father in a partition is termed as separate property only if no coparceners exist at the time of partition.However,when coparceners are already born,they automatically receive an interest in the property by birth.Therefore,as you and your sister both were born before the partition ,both of you hold equal rights in the property as coparceners.Your father cannot take it as self-acquired property, it means he cannot transfer the property to someone without your consent.Any such transfer would be subject to challenge before the court since you and your sister both are entitled to your shares by birth under Hindu law.

Thank you.Hope this answers your query .

The Supreme Court of India has ruled that ancestral property loses its ancestral character and becomes self-acquired property after it's partitioned. This means that the property can be distributed through a will, but only in regard to the individual's share.

To qualify as ancestral property, the property must have been acquired by a common ancestor and remained undivided, unsold, and unpartitioned throughout subsequent generations.

This property already stands partitioned hence it is no more an ancestral property in nature. 

After partition suit, the property will become your father's self acquired property.

As per the Judgement, after partition of the ancestral property, the property never remains ancestral and it becomes self acquired property.

1. You and your sister shall not have any share in your father's self acquired property and your father can do whatever he wants, during the lifetime of your father.

2.  In case your father dies intestate and his self acquired property is still unsold, then your father's property devolves equally to your paternal grandmother (your father's mother -if alive), your mother (if alive), you and your sister, in the instant case.

Once your father has got his share in property as per court orders it is his self acquired property .during father lifetime you have no share in the property 

- You and sister has no right over the said property during is life time , which your father has got from Court order  , and your father is free to do whatever he wants. 

Self acquired 

Once it was decreed by court and a share of property was allocated to him by the court in a partition suit, his share of property becomes his own and absolute property.

Therefore neither his children nor anyone can claim a share in it as a right.

The property will be your father's exclusive property and can be said to be his self acquired property. You and your sister has no right/share in the said property.

Dear Client,

If your father got a portion of the ancestral property through a court division, then the that part of property is regarded as his self-acquired property and he can do whatever he wants with it. In the case of Uttam vs. Subagh Singh, it was held by the Supreme court that where the ancestral property has been divided, the share which has been allotted to each of the parties becomes his separate property. Hence, you and your sister cannot lay your hands on your father’s share of the property without his consent either by gifting or inheriting. The Hindu Succession Act, 1956 makes it clear that the children have rights in the ancestral property by birth but the rights are excluded for the joints which are partitioned. You and your sister do not have the authority to give your father consent in order for him to sell, transfer or manage the share. For any further actions that you may wish to take concerning your father’s decisions it is advisable to engage an advocate expert in property law so that he or she can clarify you more.

Hope you find this answer beneficial for resolving the dispute.

The partitioned property would be deemed as the self acquired property of your father. Your father has complete rights of disposal of the property, and you have No legal right in the property.

The same was clarified in Rohit Chauhan vs Surinder Singh & Ors by SCI. The said property Cannot be considered as ancestral property.  

Your father can dispose of the property in any manner he pleases. You and your sister do not have any legal rights to stop the disposal.