umesh kakade (Engineer) 21 April 2015

Property deed title not with will executor

Hi, I am Umesh, my query is that my fathers Plot of Land purchased by him, is registered in the name of one his sons including the documents- khata is in his name, due to some convenience at the time of purchase.

Now if this piece of land is divided to his two sons in some proportion by way of Will. Does this hold good.

Is endorsement of the son under whose name the tile deed is registered - is required in any way.

Name of title deed is not in my fathers name, though it is purchased by him, how is this to be communicated in the will.

What disputes can arise due to this error / lacunae.

Thanks,

Umesh

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2 Replies

bsrao 24 April 2015

Going by the title, the property is owned by one of the sons. How can the father execute a will on that? First the property has to be re-conveyed in the Father's name before he executes a will. It is better one son transfers share to others.

Hope this helps.

B S Rao