Burma

Daw Aung San Suu Kyi’s Brother Refuses to Concede Legal Fight over Inheritance

By Moe Moe 19 December 2018

NAYPYITAW—U Aung San Oo, the elder brother of Daw Aung San Suu Kyi, said that the rejection of his appeal against a court decision involving the residence of Daw Aung San Suu Kyi at No. 54 University Avenue, is unfair.

“I will lodge an appeal to Chief Justice U Tun Tun Oo. I don’t know whether he will accept it or not, but he might not. Three judges under him seemed to be afraid to handle the case. I think they are worried about the case as it involves the State Counselor,” U Aung San Oo told the Irrawaddy.

The special appeal was filed by U Aung San Oo himself to the Union Supreme Court on Oct. 17 this year and rejected by the court on Dec. 12.

A spokesperson for the public relations branch of the Union Supreme Court said, “The appeal lodged by U Aung San Oo was rejected by the court on December 12.”

Official documents of the court and other pieces of evidence will be sought in order to lodge an appeal to the chief justice as soon as possible.

U Aung San Oo said that he would make it clear in his appeal that the sharing of the inheritance with defendant U Khin Maung Aye, who he believes was not entitled to it, was never mentioned in the case.

“His name was never mentioned when Daw Aung San Suu Kyi lodged an appeal three times. According to the law, he is not eligible to be a defendant when the inheritance is shared under a commissioner. But Daw Aung San Suu Kyi said that he was eligible. It was her influence above the law. She used it and said that the inheritance must also be shared with U Khin Maung Aye so I lost that case at the court,” he added.

The case involving the State Counselor’s residence was opened in 2011 and a final verdict was given by Yangon West District Court in November 2016.

The court decided that a two-story house and half of the two-acre plot owned by Daw Khin Kyi, their mother, would be given to Daw Aung San Suu Kyi, while a one-story house plus the other half of the plot would be given to her brother, U Aung San Oo. However, he was not satisfied with the court’s decision and demanded that the residence be auctioned off and the proceeds of the sale shared equally between them.

During her ill health in 1988, Daw Khin Kyi told her son and daughter, who were then living abroad, to come back to Myanmar. Daw Aung San Suu Kyi returned to Yangon to nurse her sick mother but U Aung San Oo failed to follow his mother’s request. Before her death, Daw Khin Kyi decided to give her nephew U Khin Maung Aye a plot in the compound measuring 21.3 by 30.5 meters (70 by 100 feet) as inheritance.

U Khin Maung Aye died in August this year.

U Aung San Oo said, “They said my demands were too much and they could not be negotiated. If I am demanding too much, they can auction off the plot and they will know whether I am demanding too much or not. Why can’t they auction it off?”

However, he did not elaborate on exactly how much money he was demanding.

U Myo Nyunt, spokesperson for the National League for Democracy, said, “It is not true. The court will decide independently. We will not intervene in the case. We will not even make a remark as a political party. Daw Aung San Suu Kyi will not make a remark as an individual. The court has the right to decide on the case independently.”

The house and plot at No. 54 University Avenue was given to Daw Khin Kyi by former prime minister U Nu. U Nu invited Daw Khin Kyi to move to the residence on University Avenue from their residence at Tower Lane (now General Aung San Museum), in order to help the family to overcome their grief after one of the sons drowned there.

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