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The said Muthulakshmi died on 28.08.1993 leaving behind her sons, V.Chandramouli, V.Venkataraman and V.Narayanaswamy, as her legal heirs and her husband Dr.N.Vaidyanathan predeceased the said Muthulakshmi. The eldest son of Muthulakshmi, viz., Mr.V.Chandramouli died intestate on 22.12.2015 leaving behind his wife Mrs.Lakshmi Chandramouli, son, Mr.C.Srinivasan and daughter, Malini Viswanath, as his legal heirs, who are the defendants 2 to 4 in the said suit and the second son of Muthulakshmi namely, V.Venkataraman also died instead on 21.12.2019, leaving behind his daughter, Mrs.Priya Ganesan and son, Mr.V.C.Vaidyanathan, defendants 5 and 6. The wife of Venkataraman, Mrs.Mohana Venkataraman predeceased Mr.Venkataraman on 05.07.2019. Therefore, on the death of the said Chandramouli and Venkataraman, both sons of Muthulakshmi, sold their 1/3rd undivided share each held by them devolved on their legal heirs and the __________ Page8 of 36 https://www.mhc.tn.gov.in/judis CS Nos. 251 of 2023 and 10 of 2024 remaining 1/3rd share over the suit schedule mentioned property is held by the plaintiff herein.

6. The case of the plaintiff in C.S.No.10 of 2024 are as follows:-

6.1. The suit property originally owned by Mrs.Muthulakshmi, mother of the defendant, who purchased the property through sale deed dated 27.03.1942.

Thereafter, she constructed a residential house in the said property. The said Muthulakshmi died on 28.08.1993 leaving behind her sons, Mr.Chandramouli, Mr.Venkataraman and Mr.V.Narayanaswami, as her legal heirs to succeed her estate and each of them are entitled to 1/3rd share over the property. The husband of Muthulakshmi, namely, Dr.N.Vaidyanathan pre-deceased her. The said Chandramouli eldest son of Muthulakshmi died intestate on 22.12.2015 leaving behind his wife and son and daughter. After the demise of said Chandramouli, his 1/3rd share devolved on his legal heirs and second son of Muthulakshmi, namely, V.Venkataraman also died on 21.12.2019 leaving __________ Page10 of 36 https://www.mhc.tn.gov.in/judis CS Nos. 251 of 2023 and 10 of 2024 behind his daughter and son as his legal heirs, his wife pre-deceased him on 05.07.2019, therefore, 1/3 rd share of Venkatraman devolved on his daughter and son. While so, the legal heirs of the Chandramouli executed a sale deed dated 27.10.2023 in respect of 1/3 share and legal heirs of Venkataraman have executed sale deed dated 01.11.2023 in respect of 1/3 share in favour of the plaintiff and thereby the plaintiff is entitled to 2/3 undivided share of the schedule mentioned property.

7.1. Originally the suit properties were purchased by defendant’s mother through sale deed dated 27.03.1942 and his mother had three sons. Further, his mother also executed a Will by bequeathing the properties to her sons equally, restricting the right of alienation during their life time and after her lifetime to the grand children to be enjoyed absolutely. The averments that upon the death of Chandramouli, his 1/3 share devolved to Mrs.Lakshmi Chandramouli and to his legal heirs is denied. As per the Will, after the demise of all three sons, the property devolves upon her then surviving grand children equally. Thus after the demise of the defendant, only the property devolves upon the grand children, namely, Srinivasan, Malini Viswanathan, Priya Ganesan, Vaidyanathan, Lalitha and Gayathri respectively. As per the same, Lakshmi Chandramouli does not have any share in the property. As per the Will of the defendant’s mother, any alienation of the property during the life time of her son is restricted and after their life time, the property goes to her grand children equally. As the validity of the sale deeds dated 27.10.2023, 29.11.2023 and 01.11.2023 perse doubtful and the plaintiff cannot assert ownership of 2/3rd __________ Page13 of 36 https://www.mhc.tn.gov.in/judis CS Nos. 251 of 2023 and 10 of 2024 share of the suit schedule property.