Asked January 12, 2017

Nationalize Property

  • 1 Answer

A petition has been filed to nationalize Jayalalitha's property. She has relatives who are alive, won't the property go to them? Is it a common practice to nationalize properties of political leaders after their death? Can an order to nationalize her property be challenged by her descendants?

Answer 1

It is true that the properties of several Political Leaders were nationalized after their deaths but it happens only with the consent of all the legal heirs of the deceased political figure as they are entitled to inherit the property of their ascendants. The petition for nationalization of Jayalalitha's property has been rejected by the court in which it was filed.

Since Jayalalitha has not left behind any will which is known yet, so the succession of her property will comes under the purview of Intestate succession which is guided by Hindu Succession Act, 1956.  As per Hindu Succession Act, 1956, the following is the rule of succession in the absence of a will — sons, daughters and husband. Next, heirs of the husband. Next, mother and father. Next, heirs of father. Finally, heirs of mother.

You have correctly mentioned that Jayalalitha has relatives who are alive. Deepa Jayakumar, Jayalalithaa’s brother’s daughter is her niece who raised certain uncomfortable questions about Sasikala, Jayalalitha's political successor. Deepa and her brother Deepak is the most immediate relatives of the deceased CM and are legally entitled to inherit her property and they can challenge any order to nationalize her property as her descendants.

However, determination of legal position with regard to a person’s self-acquired property is that in the absence of a valid will, the succession would be determined by the law.

Agree Comment 0 Agrees almost 5 years ago

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.