bharath (consultant) 10 September 2014
Hi Team
My grand father aquired 5acres of land from government as freedom fighter and gifted 5 acres of land to my aunty without the concent of my father and his brothers and he is no more.when family members came to know about the land they replied it was gifted to them.
Can my father or I can recover the land?
what is the legal process do I need to follow?.
Please Advice.
Thanks,
Bharath
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 10 September 2014
Gifted land to freedom fighters cannot transfer to any body. Please see this Himachal Pradesh High court judgement. The Himachal Pradesh High Court has declared a 47 year old land gift deed as null and void that is not binding on the state and asked the government to take possession of all the land involved in the unlawful transfer of village common lands in the case.
dr g balakrishnan (advocate/counsel supreme court) 14 September 2014
once acquired by grand father and was in his possession as a freedom fighter his gifting is like bequeathing to any one is his own right, as acquiring land as a freedom fighter is his own property as long as the terms of acquiring is not under any such rider that he cannot give to his own LH or any any one as it is falling under self acquired properties.
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