Case Summary
The plaintiff, Beenakumari, filed a suit for partition of properties belonging to her deceased father, Bhaskaran Nair. The defendants include her mother and sister, who contest her claims based on a will executed by the father.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Partition of properties into three equal shares.
Case Type
Civil Suit
Final Judgment
No
The court decreed the partition of the plaint schedule properties into three equal shares, with each of the three parties entitled to a 1/3 share.
Why Plaintiff Won:
The plaintiff established her rights over the properties as the legal heir of Bhaskaran Nair.
The plaintiff established her rights over the properties as the legal heir of Bhaskaran Nair.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff has established her case. Hence she is entitled to the relief claimed for.
Judgment Evidence:
In the result, Suit is decreed as follows: 1. The plaint schedule properties are divided into 3 equal shares. The plaintiff is entitled to one such share (1/3 share) of the plaint schedule properties.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Beenakumari
- Party Age
- 46
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Ambikakumariamma
- Party Age
- 77
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jayalakshmi
- Party Age
- 28
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- P R Vijayamma
- Party Age
- 68
Plaintiffs Documents
Exchange Deed No.1656/1962, Sale Deed No.2629/1993, Rectification Deed No.1216/1994, Sale Deed No.291/98, Sale Deed No.2205/2000, Birth Certificate of P B Beenakumari.
Defendants Documents
Marriage Dissolution Settlement Deed No.171/1983, Marriage Certificate issued from N S S Karayogam, Photo, Agreement, Bank Pass Book of SBI, Will No. III/73/07, Tax receipt.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jose Cyriac
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P Vijayalakshmi
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Georgekutty C A
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
The plaint schedule properties are declared divided into 3 equal shares.
Evidence:
The plaint schedule properties are divided into 3 equal shares. The plaintiff is entitled to one such share (1/3rd share) of the plaint schedule properties.
Documents & Evidence
Document Type:
Exchange Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of exchange deed no.1656/1962 whereby Bhaskaran Nair obtained 30 cents of property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed no.2629/1993 whereby Bhaskaran Nair obtained right and title over property having an extent of 4.85 ares in Resurvey no:268/6 in Pampady Village.
Reference:
Ext.A2
Document Type:
Rectification Deed
Submitted By:
Plaintiff
Relevance:
Certified copy correction deed no:1216/1994 correcting the Survey no:268/6 as 36/3.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed no:291/98 whereby Bhaskaran Nair and the 3rd defendant obtained right and title over property having an extent of 2.13 ares.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed no:2205/2000 whereby Bhaskaran Nair obtained right and title over property having an extent of 4.23 ares.
Reference:
Ext.A5
Document Type:
Birth Certificate
Submitted By:
Plaintiff
Relevance:
Birth certificate of the plaintiff.
Reference:
Ext.A6
Document Type:
Marriage Dissolution Settlement Deed
Submitted By:
Defendant
Relevance:
Deed of divorce no.171/1983 dated 15.09.1983 between Bhaskaran Nair and the 1st defendant.
Reference:
Ext.B1
Document Type:
Marriage Certificate
Submitted By:
Defendant
Relevance:
Marriage certificate dated 02.02.2018 issued from N.S.S Karayogam.
Reference:
Ext.B2
Document Type:
Will
Submitted By:
Defendant
Relevance:
Will no. 73/2007 alleged to be executed by Bhaskaran Nair.
Reference:
Ext.B6
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Beenakumari vs Ambikakumariamma et al regarding partition of property.
Case Code Year
Case between Beenakumari vs Ambikakumariamma et al regarding partition of property.