• Who will become the entitled to properties under these circumstances

Thanks.,The following are the contents of the registered will.please go through the details and please give answer. (1) Pillamma w/o Rangaswamy aged about 60 years executed a registered will on 23/09/1988.
2) Pillamma w/o Rangaswamy purchased property from Hanumakka @ Rajamma w/o chinnappa, on 25/05/1945 reg no.7441site with 03 sq house building.
3) Pillamma w/o Rangaswamy purchased property from Muddamma 2nd w/o chinnappa on 12/11/1954 reg no. 1873 site measuring 07' x 10' with shops building .
4) Pillamma w/o Rangaswamy purchased property from puttaranga swamy 2nd s/o chinnappa on 29/06/1962 reg no. 4096 site measuring 07' x 31' with along with Mangalore tile house.
 5) Pillamma w/o Rangaswamy purchased property from C. Rangaraju 2nd s/o chinnappa on 12/02/1979 reg no. 6940 site measuring (08'+x 25') 2 x 93 with along with Mangalore tile house
.All the above properties purchased by smt. Pillamma w/o Rangaswamy, obtained kathas in her name and paid taxes to Authority. when she was in good physically and mentally strong, execute the will, on 26/09/1988 vide doc. no. 145/1988-89, the properties will have to be totally enjoyed by their grand children's (who were not born at the time) and she gave the properties to look after to her husband to maintain and enjoy till his life time. she died on 20/05/2004
 smt. Pillamma w/o Rangaswamy had only son by name Jayaram. They conduct his marriage etc.. jayaram had 2 chidrens by name mohan kumar and sunith, jayaram died ion09/12/1974. 
 smt. Pillamma w/o Rangaswamy, she further mentioned after the death of both i. e ..smt. Pillamma w/o Rangaswamy the properties will continue to look after without creating any charge like mortgage or sale etc... by mohan kumar.
Since jjyothyprabha and M chethan, since they were minor she has appointed his grandmother jayamma as guardian by smt. Pillamma w/o Rangaswamy, 
Schedule:- khanashmare no. 21 and 22, measuring east to west 38 feet and north to south 106 feet along with house.

Questions:-1) As per the information above who becomes the owner of the schedule property. whether grand son M chethan gets these properties or not.
2) Recently chethan came to know that his grand mother had executed a will in favour of him and got the copy and found these properties are to be entitle to enjoyed by him in all the ways. as per will he becomes the legal hear., now how can he get the property on the basis of will.
3) The was executed, on 26/09/1988 vide doc. no. 145/1988-89, and she died on 20/05/2004, now chethan got the will copy can he has 2 get the properties as mentioned in the scheduled. 
4) in the year 2002 0n 08/03/2002 (1) Rangaswamy h/o pillamma, (2) Lakshmidevi w/o late jayaram, (3) rathnamma w/o late Jayaram, all are executed 3 sale deed infaver of 3 parties,are Any limitations of time or any other legal complication arise to get the property under civil Laws.
Kindly provide the clarity about legality and solutions 
Regards
Asked 8 months ago in Property Law
Religion: Hindu

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7 Answers

You have to file suit to set aside sale deeds 

 

2) as per will grand children are beneficiaries of will 

 

3) also apply for probate of will 

 

4) suit can be filed within period of 3 years of knowledge of sale  deeds being executed by family members 

Ajay Sethi
Advocate, Mumbai
95502 Answers
7653 Consultations

5.0 on 5.0

The answers are based on your narration of the background of the case:-

1.  As per the registered WILL executed by late Pillamma, all her grandchildren are the beneficiaries to her self acquired properties, based on the contents of the WILL.  To clarify as to whether grandson Mr. Chethan gets these properties or not, we have to physically study the contents of the WILL.

2.  If the beneficiary in the WILL is only M. Chethan, he can get the Khatha of the property transferred to his name, by submitting copies of WILL, death certificate of Pillamma and others, to the jurisdictional BBMP Office.

3..  If the deceased Pillamma had not executed a subsequent WILL superceding the earlier WILL executed on [deleted], then the beneficiary/beneficiaries in the WILL are entitled to get the property/properties, as indicated in the last WILL.

4.  If the sale deeds executed on [deleted] by (1) Mr. Rangaswamy H/o. Pillamma, (2).  Lakshmi Devi W/o. Late Jayaram and (3) Rathnamma W/o. Late Jayaram without the knowledge and permission of Pillamma in favour of third parties, it could have been challenged by the grandchildren before it was barred by limitation. However, let the grandchildren try for condonation of delay in the jurisdictional competent Court. 

Thanks.

 

The minor grandchildren could have challenged the sale deeds executed by (1) Rangaswamy (2) Lakshmi Devi and (3) Rathnamma in favour of third parties, after attaining majority age of eighteen years+ three years= twenty one years. 

Shashidhar S. Sastry
Advocate, Bangalore
5212 Answers
323 Consultations

5.0 on 5.0

1. As per Will, the grandchildren of Pillamma shall acquire the properties bequeathed through the Will.

The grandchildren are Mohan Kumar and Sujith.

2. Yes, he can claim his share in the Property as per the Will and can file a suit for partition if there is no possibility for an amicable partition.

3. Since the beneficiaries of the Will are entitled to their respective share in the properties, the mischief of some people to sell the property in between will not be a binding factor to the aggrieved beneficiary.

The aggrieved beneficiary can very well proceed with his suit for partition which is not barred by limitation or restricted since some of the properties were sold in between.

T Kalaiselvan
Advocate, Vellore
85702 Answers
2265 Consultations

5.0 on 5.0

Will executed on  26/09/1988 and no grand children. 

jayaram died on 09/12/1974 ? means mohan kumar and sunith (grand children) born than !

You are not clear in your query. Provide copy of Will.

Yogendra Singh Rajawat
Advocate, Jaipur
22780 Answers
31 Consultations

4.4 on 5.0

The same has been answered in the earlier question asked by uou

Prashant Nayak
Advocate, Mumbai
32243 Answers
187 Consultations

4.1 on 5.0

1. If M chethan is one of the grandson , then he has his right over the property as per Will 

2. If the said Will is written after the first Will , then the last Will is valid , and he can apply for mutation in his name 

3. Yes

4. The sale is invalid , and it can be cancelled 

Mohammed Shahzad
Advocate, Delhi
13720 Answers
207 Consultations

5.0 on 5.0

Dear Client,

 

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

Anik Miu
Advocate, Bangalore
9402 Answers
112 Consultations

4.9 on 5.0

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