Plaintiffs, as Class II legal heirs, are entitled to title over the property of deceased S. Gangadharan, who died intestate without Class I legal heirs.

JUDGEMENT

This Civil Suit is filed, seeking a relief as prayed therein.

2. The case of the Plaintiff in a nut shell is as follows:-

a. The property bearing Land and Building situated at Door No: 107/108, Old.No.32, New. No.93/1, Market Street, Sembium, Chennai- 600 011, Siruvallur Village having in a extent of 3604.6 Sq.ft was originally belong to one Sri.Deivasigamani Achari who had purchased the property under a vide Sale Deed dated 23.03.1928, registered as Document No. 428 of 1928 before the Sub Registrar Office at Sembium.

b.Subsequent to the demise of Sri Deivasigamani achari his sons Sri.Sundar achari and Sri.Nataraja Achari had jointly inherited the above mention property and during the course of joint ownership the said

Sri.Sundar achari and Sri. Nataraja Achari had entered into a Partition Deed on 06.10.1950 and registered the deed as Document No. 2124 of 1950 before the Sub Registrar Office at Sembium. In pursuance of the Partition Deed the above mention property was allotted in favour of Sri.Sundar achary and he was in the absolute ownership of the property until his life time and died intestate leaving behind his wife Smt.Mannikammal and two sons namely Sri.S.Gangadharan and S.Mohan and thereafter Smt.Manikammal died on 25.02.1974 leaving behind the said S. Gangadharan and S.Mohan as Co-owners of the above mentioned property.

c. During the Co-ownership of the said property the Plaintiff 's

father Sri.S.Mohan executed a Release Deed dated 24.06.1974 in favour of his elder brother Sri.S.Gangadharan and registered the Deed as Document No. 2107 of 1974 before the sub Registrar Office at Sembium and wherein the Plaintiffs father had relinquished his ½ share in Property in favour of his Sri.S.Gangadharan and in pursuance of the Release Deed the said S.Gangadharan became the absolute owner of the entire property admeasuring above 3604.6 Sq.ft at Door No: 107/108 Old No.32, New No.93/1, Market Street, Perambur, Chennai 600-011 and during the course of ownership the said S.Gangadharan conveyed a total extent of 512 Sq.ft under vide three Sale Deeds dated 29.03.1995, 14.05.1997, 24.05.2002 respectively registered as Document No.1843 of 1995, 2830 of 1997 and 3607 of 2002 before the Sub Registrar Office at Sembium and owned the balance extent of 3092 Sq.ft. in the suit schedule property. d. During the Course of Ownership of the Suit property the Title Owner Sri.S.Gangadharan died intestate on 10.08.2017 leaving without any Legal heirs to him and his wife Smt. Umamaheswari predeceased to him on 26.07.2014 at Chennai. The said S.Gangadharan and Umamaheswari did not have any children and there is no any Class I Legal heirs to them and moreover the Plaintiffs father S.Mohan, the Brother of S. Gangadharan died on 14.10.1995 at Chennai. Subsequent to the demise of S. Gangadharan the suit property is in the absolute possession of the Plaintiffs herein since they are the exclusive Class II Legal heirs to the deceased S.Gangadharan and they exclusively maintaining and collecting Rents from the Suit Property till this date without any encumbrances. The first Defendant herein is their mother who is rivalry claiming ownership over the suit property which is unsustainable either in Law or facts since the Plaintiffs herein are the Class II Legal heirs of the deceased S.Gangadharan who are enclosed under the Hindu Succession Act and in the absence of Class I Legal heirs to the deceased Gangadharan and these Plaintiffs would fall into the category of "Brother's sons" under Class II (iv) of . e.In these circumstances and proposition of Law the Plaintiffs are entitled for a declaration of Title in respect of suit property against the First Defendant herein under the statutory Law. Further, the plaintiffs have submitted an application on 25.04.2018 before the Thasildhar, Perambur- Purasaiwalkam for the Legal heir Certificate of the Deceased S.Gangadharan in favour of them but the request was rejected by the Thasildhar, Perambur Purasaiwalkam Taluk un