G.Kausalya Devi W/O.Late T.Anandan v. K.Kothandapani And 2 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 30TH DAY OF APRIL 2019 THE HON'BLE MR.JUSTICE R.SUBRAMANIAN A.NO.3556 of 2019 in O.P.No.137 of 2018 In the matter of Indian Succession Act 39 of 1925.

and In the matter of estate of Shri K.Rajasekaran, the Deceased Intestate G.Kausalya Devi, W/o.late T.Anandan No.39/20, Sami Reddy Street, Egmore, Chennai - 8 ...Applicant/3rd party- Prop.Respondent Vs.

1.K.Kothandapani, S/o.Late Shri Kannaiya Naidu No.1A, Pethu Naicken Street, Kondithope, Chennai -600 079 2.K.Manivannan, S/o.Late Shri Kannaiya Naidu No.39/81, NSC Bose Road, Sowcarpet, Chennai -600 001 3.Kasthuri Thilagam, Wife of Srinivasa Naidu and D/o Late Shri Kannaiya Naidu No.3, Venugopal Street, Guduvanchery -603 202 Kancheepuram District ...Respondents/Petitioners A.NO.3556 of 2019:

1.K.Kothandapani, S/o.Late Shri Kannaiya Naidu No.1A, Pethu Naicken Street, Kondithope, Chennai -600 079

2.K.Manivannan, S/o.Late Shri Kannaiya Naidu No.39/81, NSC Bose Road, Sowcarpet, Chennai -600 001 3.Kasthuri Thilagam, Wife of Srinivasa Naidu and D/o Late Shri Kannaiya Naidu No.3, Venugopal Street, Guduvanchery -603 202 Kancheepuram District ...Petitioners Application praying that this Hon'ble Court be pleased to treat this application as urgent implead the Applicant as the Respondent in the baove O.P.No.137 of 2018. This Application coming on this day before this Court for hearing the court made the following order: This application has been filed for impleading the applicant Kausalya Devi mother of Revathy W/o.Rajasekaran. 2.The Original Petition has been filed seeking Letters of Administration in respect of the estate of the deceased Rajasekaran.

But from the facts narracted in the Original Petition, it is seen that Rajasekaran died on 29.05.2002 leaving behind his wife Revathy and his only son Yevanesh. Revathy died on 02.08.2013 and Yuvanesh died unmarried on 02.11.2017. Therefore, the estate of Rajasekaran had vested in his wife and son Yuvanesh on his death. On the death of Revathy her interest for the estate was inherited by Yuvanesh. Therefore, Yuvanesh died as absolute owner of the properties.

estate of Yuvanesh. The applicant in A.No.3556 of 2019 is the mother of Revathy/grandmother/mother's mother of Yuvanesh.

The learned counsel for the applicant would contend that she would be Class-II heir of Yuvanesh.

4.A perusal of the Schedule to the Hindu Succession Act shows that mother's mother comes in entry 8 of Class -II heirs, whereas the father's brother comes in entry 7 of Class - II heirs.

5.The petitioners in the main Original Petition admitted are brothers of Rajasekaran. Once the brothers of Rajasekaran who come in entry 7 of Class - II heirs are available the mother's mother who come under entry 8 will not inherit as a Class - II heir. Therefore, the applicant has no chance to succeed to the estate of either Yuvanesh or Rajasekaran. I do not see any necessity for impleading the applicant in the Original petition.

6.Hence this application is dismissed.

Sd/.R.S.M.J.

30.04.2019 //Certified to be a true copy// Dated this the th day of 2019.

TE/09/05/2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.