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Pranish (Sr mgr)     29 July 2013

To whome does this property belong?

Hi,

Please analyse the below complex case and let us know how this case proceeds.

Property in a 30X40 site in raichur.

Saroja -Is the mother,She has 3 sons and 1 daughter.
1st son -Ravish
2nd son -Rajendra
3rd daughter-Rajalakshmi
4th son-Ramesh

Document details:

>Property sale deed is in -Ravish name (Got alloted by society)

>Property pocession certificate is in -Ravish name

>EC Reflects - Ravish name

>Property katha is in -Saroja name

>Daughter was born in 1951

Story:
All these children were living together ,and later 1st  son and  daughter got seperated to their own house.Mother and 2 sons were living in this property.


As my mother was feeling insecure,Ravish wrote an affidavit saying property belongs to mother Saroja and all children signed to it.(Its a one paragraph affidavit on 5rs stamp paper signed at notary)

Using that affidavit,saroja wrote a WILL which divides the proerty to 3 sons and no property was to be given to daughter accordint to that will.
Saroja passes away in 1992.


My Question .

1.Is this property considered to be inherited?
2.Does the WILL written by Saroja ,holds good(Only katha is in her name)
3.Will daughter get the share?
4.Who will be the actual owner of this property?

Thanks in advance



Learning

 3 Replies

Prashant Agnihotri (Lawyer)     29 July 2013

The person on whose name property is registered and whose name is mentioned in the khasra or namankan is the actual owner of the property.

Prashant Agnihotri (Lawyer)     29 July 2013

the person who has kabja on the  property will get the benefits in this case.

Pranish (Sr mgr)     29 July 2013

Thanks Prashant...

Still ,can anyone ans with detail explaination to all my questions would be helpful


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