Case Summary
Dipin R filed a suit against his sister Deepthy R for partition of the ancestral property after the death of their mother. The suit involves allegations of property entitlement and claims of dowry demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Partition Suit
Final Judgment
No
Why Plaintiff Won:
The court determined that both parties are entitled to equal shares of the properties based on the Hindu Succession Act.
The court determined that both parties are entitled to equal shares of the properties based on the Hindu Succession Act.
Judgment Evidence:
In the result, the suit is decreed and a preliminary decree is passed as follows: i.The Plaint A and B schedule properties are found to be partible. ii.The plaintiff and the defendant are each entitled for one half share over the plaint A and B schedule properties.
Parties Involved
Plaintiffs
Dipin R (38 years)
Devinilayam, SRRA 5 A, Surabhi by lane, Anjumana Road, Edappally P. O, Ernakulam – 682 024
Defendants
Deepthy R (44 years)
Panachikkal House, Mythri Road, Palarivattom P.O, Ernakulam District, PIN – 682 025
Reliefs
Relief Type:
Partition
Outcome:
Granted
Description:
Plaintiff and defendant entitled to equal shares of plaint A and B schedule properties.
Evidence:
The plaintiff and the defendant are each entitled for one half share over the plaint A and B schedule properties.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Registered Sale Deed No. 224/1992 dated 14.05.1992 purchased by late V.M. Ramakrishnan.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Settlement Deed No. 4195/2001 dated 26.09.2001 executed by late V.M. Ramakrishnan.
Reference:
Ext.A2
Document Type:
Location Certificate
Submitted By:
Plaintiff
Relevance:
Certificate for the location of the property.
Reference:
Ext.A3
Document Type:
Survey Sketch
Submitted By:
Plaintiff
Relevance:
Survey sketch of the property.
Reference:
Ext.A4
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Certificate confirming possession of the property.
Reference:
Ext.A5
Document Type:
Ownership Certificate
Submitted By:
Plaintiff
Relevance:
Copy of ownership certificate subject to proof.
Reference:
Ext.A6
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Copy of land tax receipt subject to proof.
Reference:
Ext.A7
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Property tax receipt dated 30.06.2023.
Reference:
Ext.A8
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate of the plaintiff's mother.
Reference:
Ext.A9
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Photocopy of lawyer notice subject to proof.
Reference:
Ext.A10
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Copy of reply notice subject to proof.
Reference:
Ext.A11
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
Copy of legal heirship certificate subject to proof.
Reference:
Ext.A12
Document Type:
Final Decree
Submitted By:
Plaintiff
Relevance:
Certified copy of order in FDA(I.A) 1953/2000 in O.S No. 390/1993.
Reference:
Ext.A13
Document Type:
Marriage Certificate
Submitted By:
Defendant
Relevance:
Notarised copy of marriage certificate dated 07.01.2004.
Reference:
Ext.B1
Document Type:
Personal Ledger
Submitted By:
Defendant
Relevance:
Bank account personal ledger as evidence.
Reference:
Ext.B2
Document Type:
Pass Book
Submitted By:
Defendant
Relevance:
Bank passbook issued by SBI, Kaloor Branch.
Reference:
Ext.B3
Document Type:
Police Complaint
Submitted By:
Defendant
Relevance:
True copy of the complaint filed before the Palarivattom Police Station.
Reference:
Ext.B4
Document Type:
Loan Certificate
Submitted By:
Defendant
Relevance:
Certificate with loan disbursement transactions from KSFE.
Reference:
Ext.B5
Document Type:
Electricity Board Certificate
Submitted By:
Defendant
Relevance:
Certificate issued by Kerala State Electricity Board Employees Co-operative Society.
Reference:
Ext.B6
Document Type:
Death Certificate
Submitted By:
Defendant
Relevance:
Notarised copy of death certificate dated 28.07.2021.
Reference:
Ext.B7
Document Type:
IP Deposit Receipt
Submitted By:
Defendant
Relevance:
IP deposit receipt dated 08.05.2021.
Reference:
Ext.B8