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Succession O.P. 5/2024

Case between Emmanuel Thomas Savio et al vs NIL regarding issuance of Succession Certificate

Court
IN THE COURT OF THE MUNSIFF, KANJIRAPPALLY
Judge
Smitha Susan Mathew
Order Date
2025-04-11
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The petitioners, who are the children and wife of Late K. Savio Thomas, filed a petition for the issuance of a Succession Certificate for shares held by the deceased. The petition was allowed as the petitioners were established as the only legal heirs.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition for the Succession Certificate, granting each petitioner a share of the shares held by the deceased.
Judgment Favored
Plaintiff
Relief Granted
A Succession Certificate is issued for transferring 820 shares in TATA Consumer Products Limited.
Case Type
Succession
Final Judgment
No
The court allowed the petition for the Succession Certificate, granting each petitioner a share of the shares held by the deceased.
Why Plaintiff Won:
The petitioners established their claim as the only legal heirs of the deceased.
Losing Side's Weaknesses:
The petitioners established their claim as the only legal heirs of the deceased.
Supporting Evidence
The pleadings of the petitioners together with the evidence of PW1 would show that the petitioners are entitled to succeed the amount in the petition schedule.

Judgment Evidence:

In the result, a Succession Certificate is issued in the name of the petitioners for transferring the 820 shares in TATA Consumer Products Limited worth Rs.8,89,700/- outstanding in the account of late K. Savio Thomas in favour of the petitioners.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Emmanuel Thomas Savio
Party Age
29
Relation
S/o
Party Role
Plaintiff
Party Name
Rose Marie Savio
Party Age
36
Relation
D/o
Party Role
Plaintiff
Party Name
Ann Marie Savio
Party Age
34
Relation
D/o
Party Role
Plaintiff
Party Name
Rani Savio
Party Age
60
Relation
W/o
Plaintiffs Documents
Death certificate of K. Savio, Legal heirship certificate, Letter from TSR Consultants
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Benny Jacob
Appearance Type
Main Counsel

Reliefs

Relief Type: Succession Certificate
Outcome: Granted
Description:
Issuance of Succession Certificate in favor of the petitioners for the shares of K. Savio Thomas
Evidence:
Hence the petition is allowed and the petitioners are entitled to get ¼ share each separately, of the claim amount.

Documents & Evidence

Document Type: Death Certificate
Submitted By: Plaintiff
Relevance:
To prove the death of K. Savio Thomas
Reference:
Ext.A1
Document Type: Legal heirship certificate
Submitted By: Plaintiff
Relevance:
To confirm that the petitioners are the legal heirs of K. Savio Thomas
Reference:
Ext.A2
Document Type: Letter from TSR Consultants
Submitted By: Plaintiff
Relevance:
To show the shares held by K. Savio at the time of his death
Reference:
Ext.A3

Case Classification

Case Type
Succession
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
Case between Emmanuel Thomas Savio et al vs NIL regarding issuance of Succession Certificate
Case Code Year
Case between Emmanuel Thomas Savio et al vs NIL regarding issuance of Succession Certificate

Quick Facts

Location
Kanjirappally
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Case Filed
Case Closed
From
Sat, 03/01/2025 - 12:00
To
Wed, 04/30/2025 - 12:00
Outcome Confidence
100%

Involved Entities

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