Deepak and Deepa ‘direct legal heirs’of Jaya, clarifies HC

Chennai

Issuing the clarification, a division bench comprising Justice N Kirubakaran and Justice Abdul Quddhose said it was inadvertently stated in the order that Deepak (petitioner) and Deepa (respondent) have become Jaya’s legal under “Entry IV Class II” of Hindu Succession Act, 1956.

“However, in respect of the properties inherited by the late chief minister 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 Jayalalithaa, the petitioner and the respondent are the legal heirs as per Section 15(1)(d) of the Hindu Succession Act, 1956,” the bench said, noting that they were hence entitled to succeed to the estate of the late chief minister.

Based on this, the bench replaced the earlier direction as follows: “Later J Jayakumar married one Vijayalakshmi, and the petitioner and the respondent were born to them as proved by legal heirship certificate issued in 1997 in respect of deceased Jayakumar. Admittedly, late chief minister Jayalalithaa was unmarried. In view of the above, petitioner and respondent, being the children of late Jayalalithaa’s brother Jayakumar, have become legal heirs of late chief minister Jayalalithaa.”

The bench also directed the registry to delete the term ‘Class II’ wherever found in the order.

However, after being informed by Advocate General Vijay Narayan that soon after the order was passed, Deepa had visited Veda Nilayam, Jayalalithaa’s Poes Garden residence, the bench warned her against resorting to such visits and advised her to take up things legally if the government intends to take over Jayalalithaa’s estates.