Friday, November 16, 2018

Whether Deepa and Deepak will get the entire properties of Late CM of Tamilnadu ?

In a surprise move of the Madras High Court on Thursday, which orders to serve notice through all modes including e-mail, courier and WhatsApp. At the first time in the Indian Judicial history the High Court at Madras has issued notices to the parties which it was impleaded suo motto by the electronic and mobile devices. And notice was also permitted through courier. Notice through electronic and courier doesn’t give any delivery proof. But notice through whattsapp can show the delivery and the also shows the status of the notice whether read by the recipient. Even there was no law or legal sanity of sending notice through e-mail, Courier and Whattsapp. Let us see whether any apex court will approve the legality of the notice regarding the legal sanity of the new channels which is opened by the High Court of Madras. The Second legal question is whether the High Court can decide the Property matters of the private persons regarding the civil rites in a public interest litigation rather than a civil suit filed by the competitive parties in the property disputes. The Third legal question is whether Deep and Deepak who are the brothers son of the Late CM of Tamilnadu can get the properties of their aunty, whom they fall under Class IV of the Legal heirs under Hindu Succession Act can be decided when the original owner has not raised the dispute regarding their properties from the illegal occupants of the property. The High Court of Madras can take use its Ordinary Original Jurisdiction as one the prime property of the Late CM lies in Chennai and for Jurisdiction purpose it is worth more than 25 lakhs, which falls within the jurisdictional limit of the High Court at Madras. But the Writ Court is trying the case will lead the complication or not must be a watchable one and subject to the opinion of the Apex Court. The above scenarios are paving way for the modern law of this new era, which should be decided as possible. Since serving notice through the electronic devices and courier which was the fastest and convenient way for serving notice will find its way in the legal hemisphere. When it was moved legally by Deepa and Deepak they had absolute chance to get the succession for the estate of the Late CM of Tamilnadu. But this also shows the position unless judicial intervention even the Kin and the kith’s of the Chief Minster also fell as victim for the illegal land grabbers. Author K.P.Satish Kumar M.L., Advocate Madras High Court Property Lawyer in Chennai

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