My father is dead & now the creditor wants to recover from father’s portion in ancestral property.
The creditor has obtained a decree in the trial court against me to pay my father's debt for a sum of 15 lakhs. Now that the case is in the high court and I’m becoming stronger to not be obligated for the debt. The creditor at this juncture has applied an IA in the high court to show that my father has a portion in the ancestral property and the same has to be attached for recovery.
It is proved in the trial court that my father incurred debt by illegally selling a property to the creditor and thereby which the debt happened. The trial court issued a decree against the legal heirs of my father i.e., myself, my elder brother and my mother. For which we three filed an appeal against the decree in high court from 2011.
My father left our family around 10years back before the illegal transaction and was living separately and had many bad habits like gambling and prostitute connections. My mother had filed a case against my father for maintenance and not divorce. As my father was a government employee and when he took VRS, some portion was held by the court for the maintenance of us and we won it. Keeping this point in mind the creditor pointed out to the trial court that we are the legal heirs and got the decree against us.
My question is:
1)When my father is dead, does his portion in the ancestral property be represented as mine and not my father’s anymore? Can I argue this in court?
2)And so can I claim that there shouldn't be any recovery on the ancestral property for my father’s debt?