- (1.) AS the common question of law and facts are involved in these two writ petitions, these are being disposed of by common order. For the sake of brevity, the facts are taken from W.P.No.17182 of 2011.
(2.) THE petitioner is the son of Mr.D.Thangam, respondent No.2, who was the original owner of the property bearing Plot No.31, Cresent Avenue, Kesavaperumalpuram, Greenways Road, Chennai 28, measuring about 4050 sq.ft. THE property was acquired from City Co-operative Housing Society in the year 1961, in the name of Mr.B.Dharmarajan, and the possession of the property was handed over to the father of the petitioner after payment of the dues. THE petitioner along with his two brothers took care of the family and also conducted marriages to his sisters in the year 1974 and 1980 out of their earnings. Both the sisters are well settled abroad and are foreign citizens. The sisters of the petitioners visit India once in two years. In the year 1986, mother of the petitioner decided to give separate share to the petitioner and common undivided share to the brothers by sub dividing the property. The second respondent executed the registered Will. The respondent No.2 also executed lease deed in favour of the petitioner for 25 years enabling him to construct the building for his personal residence.
(3.) THE sisters of the petitioner had no objection for construction of residential complex in the share falling to the petitioner. THE petitioner constructed the building after getting planning permission. On 09.05.2008, the second respondent out of love and affection, executed settlement deed with all rights keeping in mind, the earlier Will and lease deed.;