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. In the gift deed it's clearly mentioned the end benefits are mohan kumars childrens, mohan Kumar has 2 childrens they are M. Jyothi Prabha ans M. Chethan. At this stage who have to get the benefits of the will and any limitations will be affected to get the properties. What about the deed executed by the no power to do so, what legal steps has to be initiate to cancel the illegal and manipulated documents.
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You have to file suit to set aside sale deeds executed as per the will only the grand children arr legal heirs
2) take the plea that will was suppressed by family members and you have filed suit within period of 3 years of discovery of will
3) claim would not be barred by limitation
If there is both will and gift deed then validity of both will be decided by court and same will prevail over each other. The said will and gift deed has to be challenged by respective parties
1. Please let me know the details of Gift Deed ( which is mentioned in the narration of your question) as to who was the Donor?.
2. To get the clarity, it's advisable for you to get the documents vetted by any Lawyer.
First of all the Will should be enforced by the beneficiaries.
While enforcing the bequest, if any bequeathed property is not available and appears to be grabbed fraudulently by a third person then a suit declaration to declare the fraudulent sale as null and void should be filed
1. As per law , Pillamma was having right to write a Will without taking any consent of others
- Since, this Will is in favor of her grandchildren , then being the grandson Mr Chethan is also having a share in the said property
2. If Mr Chethan is only grandchild , then he can apply for mutation in his name after submitting the death certificate and other necessary documents
3. Yes , Only the last Will is valid
4. No consent is needed for writing a Will
- Any sale agreement execute by the other party except the grandchildren is not valid and it can be cancelled after filing a declaration suit before the court .
Dear Client,
If the gift deed specifically mentions that the end benefits are for Mohan Kumar's children, namely M. Jyothi Prabha and M. Chethan, it suggests that they are the intended beneficiaries according to the deed. You can ensure the validity of the gift deed by checking signatures, witnesses, and compliance with legal requirements. Seek legal help to authenticate the gift deed and establish its validity legally. If the deed is deemed valid, legal steps should be taken to transfer the property to the named beneficiaries, M. Jyothi Prabha and M. Chethan.
If there are concerns about the legality of other documents, such as the sale deeds executed without proper authority or against the terms of the will, legal action may be necessary. Initiate legal proceedings to challenge the validity of the documents executed without proper authority. This might involve filing a suit in court seeking cancellation or nullification of those documents. Gather evidence to support the claim that the documents were executed without proper authorization or were manipulated.
There might be limitations such as time constraints and rights of bonafide purchasers. The Limitation Act sets a time limit within which legal action must be initiated. Delay in challenging the documents might pose limitations. And If third parties purchased the properties in good faith without knowledge of any issues, their rights might be protected.
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