EPS Announces Jayalalithaa Memorial: But Is It Legal?

Who really owns the Poes Garden home?

Who really owns Poes Garden?

(Photo: The Quint)

Tamil Nadu Chief Minister E Palaniswami announced on 17 August that a one-man commission would be set up to probe J Jayalalithaa’s death. Soon after, he said the ‘Veda Nilayam’ – Jaya’s home – would be made a public memorial.

However, this isn’t the first time such a suggestion has been made.

The day after former Chief Minister O Panneerselvam left the VK Sasikala camp of the AIADMK, he announced that the 81, Poes Garden, home would be converted to a memorial since that was what the people wanted.

Two weeks after Jayalalithaa’s demise, Sasikala had assumed ownership of Jayalaithaa’s belongings, including the house.

Then came the Supreme Court verdict on the Disproportionate Assets case, in which the prime accused, Jayalalithaa, and conspirators (Sasikala, Sudhakaran, and Ilavarasi) were found guilty.

So who owns the house at Poes Garden now? What happens to it? Can it actually become a memorial?

Did Jayalalithaa Inherit ‘Veda Nilayam’?

No.

An affidavit Jayalalithaa filed before the Election Commission in 2016 for her declaration ahead of the Assembly elections, lists ‘81, Poes Garden,’ a residential building.

The Election Commission affidavit where Jayalalithaa declared ‘81, Poes Garden’ a residential building. (Photo: The Quint)

Jayalalithaa purchased the house in 1967 along with her mother, Veda, herself an actor who went by the screen name ‘Sandhya’.

Where There’s a Will

When she died in 1971, Sandhya left behind a will giving sole ownership of Veda Nilayam to Jayalalithaa – ignoring her brother, Jayakumar, who later died in an accident in 1995.

Also Read: Interview: I’m Jayalalithaa’s Legal Heir & Will Fight, Says Niece

Jayalalithaa is survived by a step-brother, Vasudev, who lives in ignominy in a small village in Mysuru.

No one knows if Jayalalithaa left behind a will, but for all legal purposes, the former Chief Minister died intestate.

So, where does that leave Jayalalithaa? According to the Hindu Succession Act, 1956:

The property of a female Hindu dying intestate shall devolve: firstly, upon the sons and daughters (including the children of any predeceased son or daughter) and the husband; secondly upon the heirs of the husband... lastly, upon the heirs of the mother.

Enter Deepa Jayakumar

Jayalalithaa was neither married nor did she have children. So, her house belongs to what the law calls ‘Class-II heirs’ – in this case, Jayalalithaa's niece and nephew, Deepa and Deepak Jayakumar.

Deepa, Deepak, and their mother were unceremoniously ousted from the house after Jayakumar’s death in 1995. Sasikala’s nephew, V Sudhakaran, however, found favour with Jaya after 1992, and she soon introduced him as her foster son. Her relationship with Sudhakaran did not sit well with Deepa and her family.

While Deepa and Sudhakaran were not allowed to enter Apollo Hospitals to meet Jaya when she was hospitalised, Deepak showed up, told the media about his support for Sasikala, and then vanished.

No one knew where he went after.

Deepa, on the other hand, has been working constantly to cement her position as Jayalalithaa’s heir – both political and legal.

Since Jaya’s death, Deepa has made a series of media appearances. While the political novice may not have much to back herself with, Deepa is legally the rightful heir to Poes Garden.

Will Deepa Get Possession of Poes Garden?

The Disproportionate Assets case concerns assets that Jayalalithaa amassed between 1991 and 1996, which were disproportionate to her income.

At the time, Jayalalithaa famously drew Rs 1 as salary while she was the general secretary of the AIADMK.

‘Veda Nilayam’ was purchased in 1967. So this shouldn't be a part of the case, right?

Wrong.

‘Veda Nilayam’ is a part of the Disproportionate Assets case, as can be seen here in the Supreme Court judgement. (Photo: The Quint)

In 1991, Jayalalithaa bought an empty plot (31-A) next to Veda Nilayam. She also spent a lot of money renovating the house. The Supreme Court estimated that over Rs 8 crore has been spent on the same.

Which is why, the government seized Veda Nilayam.

Why Veda Nilayam Can Never Be A Memorial For Jaya

Deepa Jayakumar can claim ownership of the house and property at any time.

While Jayalalithaa’s sentence in the DA case has been abated due to her demise, it does not make her any less guilty than Sasikala, Sudhakaran, or Ilavarasi. The government cannot, therefore, legally use taxpayers’ money to build a memorial there.