Monday, September 10, 2018

High Court appoints former judge to administrate MGR’s properties : 2016


 Nearly 29 years after the death of AIADMK founder and former Tamil Nadu Chief Minister M.G. Ramachandran, the Madras High Court on Thursday appointed retired judge Justice D. Hariparanthaman to administer his properties, ending one more battle over the execution of the actor-politician’s will.
In the past three decades, MGR’s legal heirs had fought numerous battles in the court over the administration of the charismatic leader’s estate. The battle had also resulted in the gruesome murder of Vijayan, husband of one of MGR’s the late Chief Minister’s legal heirs, which led to the recent conviction of Bhanu, one of the benefactors of his will.
Justice M.M. Sundresh passed the latest order while dismissing a batch of applications moved by the AIADMK founder’s relatives seeking to appoint them as the Administrator of the properties left behind by him. The judge then appointed Justice Hariparanthaman to handle the job and directed him to file a comprehensive report in eight weeks after inspecting all the properties and the accounts of the Trust.
The order passed on Thursday could be traced back to the will that had turned contentious since the death of the former Chief Minister on December 24, 1987. Through the will, which was registered on January 18, 1987, MGR had appointed senior advocate N.C. Ragavachari (since deceased) as its executor. He had named a relative M. Rajendran to succeed Ragavachari after the latter’s lifetime.
Broadly dividing his properties into two, MGR, in his will, made it very clear that he did not have any other legal representative except his wife, V.N. Janaki. Even she was given only a life estate, apart from certain articles.

Deaf and dumb home

The will declared that the properties mentioned, both movable and immovable, belonged to MGR alone and no one else. Except for the portions meant for Ms. Janaki (since deceased), MGR wanted his properties to be used for the establishment and running of a ‘deaf and dumb home’ in the name of ‘MGR Oomaigal Illam’ at Ramavaram Gardens in Chennai.
The inmates of the Home would have to be provided food, shelter, dress, medical facilities, education and vocational training. Steps should also be taken to provide them speech therapy, hearing aids and treatment. The income derived from Sathya Gardens, the property situated in Saligramam, Chennai, will have to be used for the purpose.
The will stated that the shares of Sathya Studio Private Ltd would go to the AIADMK. The administration and maintenance of the building have to be done by it, apart from appropriating the income for the party. In the event the party gets divided or dissolved, the shares would go to the ‘MGR Oomai Illam Trust’. There is no right of sale or alienation or encumbrance of Sathya Studio Private Ltd, which was named after his mother.
Since Mr. Rajendran, the last executor appointed by MGR, died on January 8, 2013, and as the will did not name any one to succeed him, Mr. Rajendran’s wife Latha and other relatives of MGR approached the High Court seeking to appoint them as the Administrator of the properties.
Refusing to accept their applications, Justice Sundresh said, “The testator is none other than the former Chief Minister of the State, who is known to be a philanthropist par excellence. After the life time of Mr. Rajendran, the will authorises the High Court to appoint an Administrator as per law. Thus, conspicuously, the will did not name any one thereafter including any of his relatives.”
A perusal of the will would show the clear intention of MGR. He claimed that the properties mentioned exclusively belonged to him. He did not want a property dispute among his kin. Unfortunately, what he apprehended and wanted to avoid could not be done as a number of proceedings had been initiated by his relatives over the properties left by him, the judge added.
Noting that the intention of MGR was very clear that the properties were to be utilised for a philanthropic purpose mainly, among other things, Justice Sundresh appointed Justice Hariparanthaman as the Administrator.

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