The central legal point established in the judgment is the entitlement of Class II legal heirs to inherit the estate of the deceased in the absence of a will, as provided under the Indian Succession Act, 1925.

JUDGMENT

(Prayer: Petition filed under Section 218 and 278 of the India Succession Act, 1925 r/w Order XXV Rule 5 of the O.S.Rules to grant letters of administration to the properties and credits of the J.Jayalalitha deceased to have effect throughout the whole of the Union of India.)

N. Kirubakaran, J.

The departure of a leader, not only left a political vacuum, but also questions either regarding legal heirs to inherit her estate or political heir to continue her political legacy.

2. Late Chief Minister Dr.J Jayalalithaa was given mandate to rule the State in four State assembly general elections. The electoral success not only speaks about her strong leadership, but also about her charisma which enchanted the people of Tamil Nadu. When such was her success on the political front, very unfortunately on the personal side, this Court has to deal with the issue of legal heirs who are entitled to inherit the estate left behind by the deceased Dr.J Jayalalithaa.

3. Late Chief Minister Dr.J Jayalalithaa was unmarried and had one brother by name J.Jayakumar, who predeceased her. In the absence of any direct legal heir, only the niece and nephew could be termed as legal heirs. Therefore, the petitioner and the respondent, who are the children of Jayakumar have approached this Court seeking Letters of Administration under Sections 218 and 278 of Indian Succession Act, 1925 in respect of the properties and credits of deceased J Jayalalithaa.

4. The petitioner states that he is the nephew of Dr.J Jayalalithaa and the respondent is her niece. In the petition, it is stated that J Jayalalithaa, daughter of Jayaram died intestate on 05.12.2016. Dr.J Jayalalithaa's father Jayaram died long back and her mother, Sandhya @ Vedha Jayaram died on 02.11.1971. Jayaram and Sandhya had two children, namely, J.Jayakumar and J Jayalalithaa. The said Jayakumar married one Vijayalakshmi and out of the said wedlock, the petitioner and the respondent were born. Jayakumar died on 13.10.1995 and his wife died on 24.01.2013. As J Jayalalithaa died unmarried, without any issues, the petitioner and the respondent, who are the children of her brother, fall under Entry IV of Class II Hindu Succession Act and they are entitled to inherit her estate. According to the petitioner, there is no other person, who is a close relative of the deceased, other than the petitioner and the respondent. It is also stated that in spite of diligent efforts, no Will of the deceased J. Jayalalithaa could be traced by the petitioner and the respondent.

5. After the demise of J Jayalalithaa on 05.12.2016, the petitioner approached the Tahsildar, Guindy Taluk on 16.08.2017 seeking legal heirship certificate of deceased J Jayalalithaa. By reply dated 22.09.2017, the Tahsildar informed the petitioner to approach the Civil Court for getting legal heirship certificate. Therefore, the petitioner, making his sister as the respondent, has approached this Court seeking Letters of Administration to administer the properties and credits of deceased J Jayalalithaa.

6. The property, namely, the house at No.36, “Veda Nilayam”, Poes Garden, Chennai – 600 086 was possessed by late Chief Minister Dr.J Jayalalithaa as she had obtained a citation for Letters of Administration of the properties including the above mentioned property in O.P.No.164 of 1973 on 22.11.1973 as per Will dated 01.11.1971 executed by her mother Sandhya @ Vedha Jayaram. The petitioner would claim that he and the respondent, being children of the brother of the deceased and Class II legal heirs, are each entitled to half share in the estate of the deceased J Jayalalithaa. The amount of assets, which are likely to come into the hands of the petitioner and the respondent is about Rs.188,48,66,305.51. The petitioner also filed an affidavit of valuation of the assets and the list of movable and immovable properties of deceased Dr.J Jayalalithaa, including the investments in firms (capital shares) and motor vehicles owned by her. The responden