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
The court found that the plaint A and B schedule properties are partible and both parties are entitled to equal shares. A preliminary decree for partition was issued.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The plaintiff raises a case that the defendant had been given 25 sovereigns of gold and 10 lakhs rupees at the time of her marriage, but nothing is brought on record to properly prove before court that 10 lakhs rupees and 25 sovereigns of gold had been given as share of the property to the defendant by the parents. Hence, the said contention cannot be accepted herein.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Dipin R
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Deepthy R
- Party Age
- 44
- Relation
- W/o
Plaintiffs Documents
Certified copy of document No. 2224/1992, Certified copy of document No. 4195/2001, Location Certificate, Possession Certificate, Copy of Ownership Certificate, Copy of Land Tax Receipt, Property Tax Receipt, Death Certificate, Photocopy of Lawyer Notice, Copy of Reply Notice, Copy of Legal Heirship Certificate, Certified copy of Order in FDA(I.A) 1953/2000 in O.S No. 390/1993
Defendants Documents
Notiarised copy of Marriage Certificate, Personal ledger with respect to the Account No: 00540090000572, Pass Book issued by SBI, True copy of the Complaint filed before the Sub Inspector of Police, Certificate with loan disbursement Transactions issued by KSFE, Certificate issued by Kerala State Electricity Board Employees Co-operative Society, Notorised copy of Death Certificate, IP Deposit Receipt
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Biju K Chacko
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sreejith S Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Bincy Jose
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Jisha Jaslin
- Appearance Type
- Assisting Counsel
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
Case Classification
Case Type
Partition Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Dipin R vs Deepthy R regarding partition and consequential reliefs.
Case Code Year
Case between Dipin R vs Deepthy R regarding partition and consequential reliefs.