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RanaNair123 (ABC)     28 April 2022

Inheritance document issue

Hello All, My father has 5 son. He had written a will in which he mentioned half share of property to youngest son. Remaining half was given to the elder four jointly. He had also mentioned a common road way inside the property which can be used as the road way to these two shares of property. Also he mentioned a well inside youngest son's share of property to be used in common. The will was not registered but was signed by him and two witnessess.  


Father passed away and every body was ready to go by the will and entrusted the youngest brother to do the preparation for partition deed. Youngest brother says he unknowingly applied for two property numbers in village office and he got it. And he paid land tax against these "property numbers" in village office. one property number for with 50% share of land for him and other property number for 50 % share of land for all remaining. We know he got it in a not proper way. We dont know how he got it. 

My questions are

1) Is this valid?

2) How he would have got this?

3) What can we do to correct this (can we apply in village office to cancel the Revenue recored number)?  

Your reply is appreciated


 3 Replies

Kishor Mehta (CEO)     28 April 2022

What is the problem? The property is divided according to the Will. 

G.L.N. Prasad (Retired employee.)     28 April 2022

The final settlement deed showing property divided into metes and bounds, with such extent in the name of each sharer as named in will duly be registered as per will is only a bonafide title deed in individual name.

Mere entry in revenue records can get a title nor be treated as the lost title.  This can be ignored.

P. Venu (Advocate)     28 April 2022

Facts posted inform that the property has been subdivided, with one division wholly belonging to the youngest. However, such sub-division does not deprive the other brothers of the right of way through the property belonging to the youngest brother.

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