Deepa poes garden case nkj and Aqj full order see the link
O.P.No.630 of 2018
and
O.S.A.No.445 of 2018
N.KIRUBAKARAN, J
and
ABDUL QUDDHOSE, J
Today, the matters have been listed before this Court under the caption “for
being spoken to”.
2.In the petition filed in support of O.P.No.630 of 2018, the petitioner claimed
to be the heir of Late Chief Minister Dr.J Jayalalithaa under “Entry IV Class II” of
Hindu Succession Act, 1956. Hence, in the order dated 27.05.2020 made in
O.P.No.630 of 2018, it has been inadvertently stated that the petitioner and the
respondent have become the legal heirs of Late Chief Minister Dr.J Jayalalithaa under
“Entry IV Class II” of Hindu Succession Act, 1956.
3.However, in respect of the properties inherited by the Late Chief Minister
Dr.J Jayalalithaa from her mother, the petitioner and the respondent are the legal heirs
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as per Section 15(2)(a) of the Hindu Succession Act, 1956. In respect of the self
acquisitions of Late Chief Minister Dr.J Jayalalithaa, the petitioner and the
respondent are the legal heirs as per Section 15(1)(d) of the Hindu Succession Act,
4.Accordingly, the petitioner and the respondent are entitled to succeed to the
estate of Late Chief Minister Dr.J Jayalalithaa. Thus, the order dated 27.05.2020 is
clarified to the above extent.
5.Therefore, paragraph 11 of the order dated 27.05.2020 made in O.P.No.630
of 2018 is replaced as follows:
“11.Later J.Jayakumar married one Vijayalakshmi and the
petitioner and the respondent were born to them as proved by
Ex.P.3/Legal heirship certificate dated 07.02.1997 issued in respect of
the deceased J.Jayakumar. 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
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late Chief Minister Dr.J Jayalalithaa. Therefore, in respect of the
properties inherited by the Late Chief Minister Dr.J Jayalalithaa from
her mother, the petitioner and the respondent are the legal heirs as per
Section 15(2)(a) of the Hindu Succession Act, 1956. In respect of the
self acquisitions of Late Chief Minister Dr.J Jayalalithaa, the petitioner
and the respondent are the legal heirs as per Section 15(1)(d) of the
Hindu Succession Act, 1956.”
6.Further, in paragraphs 15, 16 and 21(1) of the order dated 27.05.2020 made
in O.P.No.630 of 2018, the term “Class II”, wherever found shall be deleted.
7.Similarly, in paragraphs 18, 25, 29 and 35 of the order dated 27.05.2020
made in O.S.A.No.445 of 2018, the terms “Class II” or “II Class”, wherever found
shall be deleted.
8.Registry is directed to incorporate the aforesaid corrections in the order.
(N.K.K.,J) (A.Q.,J)
29.05.2020
pgp
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