Case Summary
The plaintiffs are siblings of Anilkumar, who has been missing since 1984. They seek a declaration to confirm their rights over a property jointly owned with him, as they are his legal heirs.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Declaration that the plaintiffs are entitled to plaint B schedule property as the only legal heirs of their brother Anilkumar.
Case Type
Civil Suit
Final Judgment
No
The court granted the plaintiffs a declaration confirming their rights over the property as the legal heirs of their brother Anilkumar.
Why Plaintiff Won:
The plaintiffs were found to be the legal heirs as Anilkumar is presumed dead with no other legal heirs.
The plaintiffs were found to be the legal heirs as Anilkumar is presumed dead with no other legal heirs.
Losing Side's Weaknesses:
The plaintiffs were found to be the legal heirs as Anilkumar is presumed dead with no other legal heirs.
The plaintiffs were found to be the legal heirs as Anilkumar is presumed dead with no other legal heirs.
Supporting Evidence
Since the aforesaid Anilkumar is presumed to be dead and also in the absence of any evidence to show that there are other legal heirs, I am of the view that the declaration can be granted to the effect that the plaintiffs are the legal heirs of their brother Anilkumar and they have right over the plaint B schedule property.
Judgment Evidence:
In the result, The suit is decreed in part and it is hereby declared that the plaintiffs are entitled to get plaint B schedule property as the only legal heirs of their brother Anilkumar.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ambili
- Party Age
- 59
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Usha
- Party Age
- 51
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Shylaja
- Party Age
- 55
- Relation
- D/o
Plaintiffs Documents
Abstract of admission register, Sale deed No.4970/1983, Copy of partition deed No. 1875/1999, Certified copy of joint release deed No. 1875/1999
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Anas. N
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration that plaintiffs are the legal heirs of Anilkumar and entitled to plaint B schedule property.
Evidence:
The suit is decreed in part and it is hereby declared that the plaintiffs are entitled to get plaint B schedule property as the only legal heirs of their brother Anilkumar.
Documents & Evidence
Document Type:
Abstract of Admission Register
Submitted By:
Plaintiff
Relevance:
Proves the plaint claim regarding the missing person.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiffs' rights over the plaint schedule property.
Reference:
Ext.A2
Document Type:
Copy of Partition Deed
Submitted By:
Plaintiff
Relevance:
Demonstrates the division of property among heirs.
Reference:
Ext.A3
Document Type:
Certified copy of Joint Release Deed
Submitted By:
Plaintiff
Relevance:
Confirms the joint ownership and claims over the plaint schedule property.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Ambili et al vs Nil regarding declaration of legal heirs and property rights
Case Code Year
Case between Ambili et al vs Nil regarding declaration of legal heirs and property rights