• Can we sell land alloted to freedom fighter

My grand father was allotted 10acres of land as recognition for his freedom fight by state government. He has passed away in 1986. Can we sell the land now and as son and grand son what are our rights on that land. 

Note: my father is still alive
Asked 4 years ago in Property Law
Religion: Hindu

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7 Answers

On grand father demise land would devolve on your grand mother , father and his siblings 

 

legal heirs are at liberty to sell the land if there are no restrictions imposed on sale in terms of allotment by govt 

Ajay Sethi
Advocate, Mumbai
97463 Answers
7880 Consultations

An order is issued by State Government  G.O.Ms. Dated: [deleted] permitting sell of  land assigned to freedom fighters by Government. With the help of that order you can sell the land. Land can be sold by all legal heirs together or any one legal heir to the extent of his share in land.

Ravi Shinde
Advocate, Hyderabad
4385 Answers
42 Consultations

You have no share in property during your father lifetime 

 

on father demise intestate you would inherit his share in land along with other legal heirs 

Ajay Sethi
Advocate, Mumbai
97463 Answers
7880 Consultations

Your father along with his siblings shall be the legal heirs to succeed to the estates of his deceased father.

You do not have any rights in the property during the lifetime of your father. 

If the conditions of allotment of this property do not prevent the legal heirs from selling or alienating the property then your father after consulting with his siblings,  can decide about further course of legal action on this. 

T Kalaiselvan
Advocate, Vellore
87664 Answers
2353 Consultations

No.

Neither you nor anyone else shall be entitled for any share in the property as a right during the lifetime of your respective fathers. 

T Kalaiselvan
Advocate, Vellore
87664 Answers
2353 Consultations

- As per Madras High Court , Government cannot acquired the freedom fighters land from his family after his death . 

- Hence, after the death of grandfather , his property would be devolved upon all the legal heirs , and they can sell the property .

- If your father is only claimant i.e. no other legal heirs , then he having his right to sell the same , and during his life time you have no right over that property. 

Mohammed Shahzad
Advocate, Delhi
14747 Answers
224 Consultations

Dear Sir/ Madam

In case of freedom fighters, the government allots land but the recipients cannot sell it for 12 years from the date of allotment. After the completion of the tenure, the land can be sold to whosoever.

Anik Miu
Advocate, Bangalore
10367 Answers
121 Consultations

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