Based on the information provided, it appears that Pillamma w/o Rangaswamy executed a will in 1988, leaving the properties to be enjoyed by her grandchildren who were not born at that time. She entrusted her husband to maintain and enjoy the properties until his lifetime, after which the properties were to be looked after without creating any encumbrances by Mohan Kumar. Since Jayaram, Pillamma's son, passed away before her in 1974, his children, Mohan Kumar and Sunith, would be the direct beneficiaries according to the will. However, the will also mentions the appointment of Jayamma as the guardian for minors such as M Chethan and Jyothyprabha. As the will specifically mentions that after the deaths of Pillamma and her husband, the properties were to be looked after without any encumbrances by Mohan Kumar, it suggests that the properties were intended for Mohan Kumar's benefit. Regarding M Chethan's ownership of the scheduled property, it depends on the specifics mentioned in the will. If M Chethan is a grandchild mentioned in the will, and if the will extends the property to grandchildren born after the will's execution, then there's a possibility that M Chethan could have a claim to the properties as well.
If Chethan has discovered a will that explicitly mentions him as a beneficiary of the properties, he should proceed to authenticate and execute the will through legal procedures. The will may need to go through a probate process depending on local laws. This process involves presenting the will in court to authenticate it. The court will review the document and validate its legality. All legal heirs and beneficiaries named in the will need to be officially informed. This ensures transparency and allows others to contest the will if they believe they have a legitimate claim. Once the will is validated, and if Chethan is confirmed as a beneficiary, the legal process will enable the transfer of property titles in his name. Chethan should ensure compliance with all legal formalities, such as paying any required taxes, fees, or outstanding dues associated with the properties. Upon completion of the legal procedures and transfer of titles, Chethan can then take possession and enjoy the properties as specified in the will.
The execution of a sale deed by Rangaswamy (Pillamma's husband), Lakshmidevi (Jayaram's widow), and Rathnamma (also Jayaram's widow) in 2002 might indeed have legal implications concerning the properties in question. In India, there's a statute of limitations under the Limitation Act that could affect the time frame within which legal action can be taken to claim properties or challenge transactions. The period can vary based on circumstances, but it generally ranges from 3 to 12 years for different types of cases. The sale deeds executed in 2002 may have legal implications on the properties. If these transactions were valid and legally executed, they might impact the claim or transfer of ownership as per the will executed by Pillamma. If third parties legally acquired the properties through those sale deeds and are bona fide purchasers for value without notice, their rights could be protected under the law. The will executed by Pillamma might specify conditions or beneficiaries' rights, which could impact the claims to the properties.
The legal intricacies of property transfer, especially when multiple transactions and legal documents are involved, can be complex. Seeking legal advice and guidance is crucial to understand the implications, assess the validity of transactions, and take appropriate legal action, if necessary, to assert rights based on the will or challenge any conflicting transactions. You can reach out to us for further assistance