Legal Question in Intellectual Property in India

hello respected sirs,

My grandfather had got 250 cents of land from government for free since he was freedom fighter. he divided it and gave 80 cents to each of his two sons leaving second son, also without his notice [my father ] and kept the remaining 90 cents in his name.my grandfather has 3 sons only and still he survives. also my father's younger brother sold his share to third party. now remaining is [my father's elder bro share 80 cents + grandfather's 90 cents]. my question is

1. can a father has the right to gift his share to one of his sons only leaving others?

2. if yes, what can we do to get our share since my father had worked for that family from the age of 13 to till date?

3. if no can we cancel the partition done by my grandfather by legal notice?

4. can we get a stay for the third party who bought My father's younger brothers share?

thanks very much in advance.


Asked on 9/21/13, 8:38 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

22.09.2013

Dear Sir / Madam,

Here are my answers :

1. YES, your father has the right to gift his share of land to all / any of his children.

2. You should appease your grandfather, so that the remaining 90 cents of land which is in his name, is probably "gifted" by your grandfather to your father.

3. Not recommended.

4. Not recommended.

Regards,

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Answered on 9/21/13, 11:05 pm


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