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gifting of ancestral property

(Querist) 06 May 2010 This query is : Resolved 
Sir,
My father inherited agricultural land in Up from his father(ancestral land). i am away on my job and staying in Gujarat. Indication are that my father may gift or transfer otherwise the land in by brother's name in my absence. Can I stop my father from doing so? What have I to do?


Thanks in advance
Daksh (Expert) 06 May 2010
Mr.R.T.Pandey,
It is a settled principle of law that what doesn't belong to one cannot be gifted legally hence you have a right to get your share for which you may seek partition by metes and bound (physical as well). For the purposes of securing your self legally you may file caveat for this purpose.

Best Regards

Daksh


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