After partition when the ruler of Kashmir Maharaja Hari Singh was undecided about whether to join India or Pakistan. The problem with Kashmir started when Pakistan invaded Kashmir with the help of Pashtun tribals. The Pashtun tribals moved inside Kashmir looted killed the Kashmiris and looted them. Maharaja Hari Singh at that time had no option other than to meet the Indian government, signed the Treaty of Accession (Jammu and Kashmir) to the Union of India on 26 October 1947. He did this taking into account the interest of Jammu and Kashmir and to save the people of Jammu and Kashmir from the Pakistani invaders. He requested Indian government to intervene militarily. At his request Indian goverment dispatched Indian army to Kashmir who took control over the valley.
So as we see, the state of Jammu and Kashmir belongs to India as Treaty of Accession has given Jammu and Kashmir to India.
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