Madras HC Declares Jayalalithaa's Nephew & Niece As Her Heirs; Asks TN Govt To Reconsider Decision To Convert Her Residence As Memorial

The Madras High Court on Wednesday declared that J. Deepak and J. Deepa, nephew and niece respectively of former Tamil Nadu Chief Minister late J Jayalalithaa, as her legal heirs are hence entitled to administer the estate left behind by her. "As late Chief Minister Dr. J Jayalalithaa died unmarried, without any issues and no other kith or kin is available other than the petitioner and the respondent, who are children of late Jayakumar, brother of the deceased, this Court is convinced that the petitioner and the respondent are nephew and niece and are Class II legal heirs. Hence, they are entitled to grant of Letters of Administration in respect of the estate and credits of the late Chief Minister Dr. J Jayalalithaa," the bench of Justice N. Kirubakaran and Justice Abdul Quddhose ordered today. Pertinently, the amount of assets, which are likely to come into their hands is about Rs. 188,48,66,305.51. Class II Legal Heirs The court was hearing a petition filed by J. Deepak who had moved the High Court seeking Letters of Administration for the properties and credits of the former CM, making his sister as the respondent who also filed a consent affidavit for issuance of Letters of Administration in their names, jointly. They claimed to be children of Late Jayalalithaa's brother, falling within the Class II legal heirs category. On a perusal of the documentary evidences produced by the siblings for establishing their relationship with the former CM, the court observed, "The evidence of the Petitioner as P.W.1 and the documents marked as Exs.P1 to P12 and the consent affidavit of the respondent would make it abundantly clear that the petitioner and the respondent are the son and daughter of late Jayakumar, the brother of the deceased." Accordingly it was held, "Admittedly, late Chief Minister Dr.J Jayalalithaa was unmarried. In view of the above, petitioner and respondent, being the children of late Chief Minister Dr. J Jayalalithaa's brother Mr. J. Jayakumar have become legal heirs of late Chief Minister Dr. J Jayalalithaa. Under Entry IV of Class II of Hindu Succession Act, the petitioner and the Respondent get the status of Class II heirs of late Chief Minister Dr.J Jayalalithaa in the absence of Class I legal heirs." Caveators Not Entitled To Jayalalithaa's Estate Significantly, a caveat had been filed in the petition by one K. Pugazhenthi and P. Janakiraman, claiming to be followers of the former CM, seeking letters of Administration in favour of Administrator General of Tamil Nadu. They had stated that they have the right to approach the Court as they are the office bearers of Amma Peravai. Earlier, they had appeared before a Single Judge Bench of the High Court which refused to grant such relief. An appeal against the said order was also preferred, which was heard jointly with J. Deepak's petition. The Division Bench also declined the prayers made by the caveators and it concurred with the Single Judge who had held, "the caveators may be her followers, but that cannot be a ground to oppose the grant of Letters of Administration to the petitioner and the respondent." Reliance was placed on Krishna Kumar Birla v. Rajendra Singh Lodha & Ors., (2008) 4 SCC 300, whereby after considering the scope of "Caveatable Interest" the Supreme Court had held that unless the person approaching the Court shows some interest in the property of the Testator or the deceased in the case of Testamentary succession or in the case of intestate succession, the said person cannot file caveat either for letters of administration or probate. The Top Court had further clarified that if there are heirs intestate who are alive, entertaining of a caveat on the part of another family member or a reversioner or an agnate or cognate would never arise. Accordingly the Division Bench held, "As far as the caveat filed by third parties is concerned, the learned Single Judge by an order dated 12.02.2019 rightly observed that the caveators cannot be said to be persons having any caveatable interest in the estate of the deceased Chief Minister. When Class-II legal heirs are available, no other person or body will have any right over the estate of the deceased. Therefore, the caveators cannot have any right to approach the Court." Jayalalithaa's residence The present order also touched upon the controversy relating to occupancy of "Veda Nilayam", Jayalalithaa's residence at Poes Garden in Chennai. The premises comprising of 10 grounds had been lying vacant since December 2016, after demise of the former CM, due to ownership disputes. Recently, the Tamil Nadu Governor promulgated an ordinance to temporarily take over Veda Nilayam, in a bid to convert the residence into a Government memorial. Since the court has now held that the former CMs estate belongs to her legal heirs, the court advised the Tamil Nadu Government...

Madras HC Declares Jayalalithaa's Nephew & Niece As Her Heirs; Asks TN Govt To Reconsider Decision To Convert Her Residence As Memorial

Akshita Saxena

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