Case Summary
The petitioners, led by Jeminy Shaiju John, are seeking a succession certificate for the estate of the late Shaiju.K.John, who died intestate. The petitioners are the widow and children of the deceased, and no claims have been made by others.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Succession certificate shall be issued in the name of the 1st petitioner for and on behalf of other petitioners.
Case Type
Succession
Final Judgment
No
The petition for obtaining the succession certificate has been allowed. The succession certificate will be issued in the name of the first petitioner on behalf of the other petitioners.
Why Plaintiff Won:
The petitioners are the only legal representatives of the deceased Shaiju.K.John and entitled to the property.
The petitioners are the only legal representatives of the deceased Shaiju.K.John and entitled to the property.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The available evidence would go to show that the petitioners are entitled to receive the benefits as claimed for.
Judgment Evidence:
In the result, the petition is allowed. The succession certificate shall be issued in the name of the 1st petitioner for and on behalf of other petitioners to receive the amount mentioned in Ext.A4.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jeminy Shaiju John
- Party Age
- 48
- Relation
- W/o Late Shaiju K John
- Party Role
- Plaintiff
- Party Name
- Richie Shaju John
- Party Age
- 21
- Relation
- S/o Late Shaiju K John
- Party Role
- Plaintiff
- Party Name
- Ritz Shaiju John
- Party Age
- 18
- Party Role
- Plaintiff
- Party Name
- Roan Shaiju John
- Party Age
- 14
- Relation
- S/o Late Shaiju K John
Plaintiffs Documents
Power of Attorney, Death Certificate, Family Membership Certificate, Copy of Letter issued from Fidelity Investments
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Kuruvilla Jacob
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jayadeva George
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Issuance of Succession Certificate.
Evidence:
The succession certificate shall be issued in the name of the 1st petitioner for and on behalf of other petitioners to receive the amount mentioned in Ext.A4.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Shows the appointment of Shibu.K.John as Power of Attorney holder for the petitioners.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Confirms the death of Shaiju.K.John on 17.02.2023.
Reference:
Ext.A2
Document Type:
Family Membership Certificate
Submitted By:
Plaintiff
Relevance:
Proves that the petitioners are family members of the deceased Shaiju.K.John.
Reference:
Ext.A3
Document Type:
Copy of Letter issued from Fidelity Investments
Submitted By:
Plaintiff
Relevance:
Relevant document for receipt of amount mentioned in the judgment.
Reference:
Ext.A4
Case Classification
Case Type
Succession
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Jeminy Shaiju John et al vs Nil regarding issuance of succession certificate
Case Code Year
Case between Jeminy Shaiju John et al vs Nil regarding issuance of succession certificate