Case Summary
Kalyanikutty filed a petition regarding the property left by her deceased mother, seeking to comply with the terms of her mother's Will. The respondents, her brothers, were unwilling to accept the amount stipulated in the Will, which led to the petition.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permission to deposit Rs.50,000/- in court
Case Type
Transfer of Property
Final Judgment
No
Why Plaintiff Won:
The petitioner demonstrated her willingness to comply with the terms of the Will and the court recognized her legal obligation to the respondents.
The petitioner demonstrated her willingness to comply with the terms of the Will and the court recognized her legal obligation to the respondents.
Judgment Evidence:
Hence, the petition is allowed as follows: i. The petitioner is permitted to make deposit of Rs.50,000/- payable to the respondents (Rs.25000/- each) as per Will deed No.115/1999 of Nellayi registry (Ext.A1).
Parties Involved
Plaintiffs
Kalyanikutty (81 years years)
Manimandiram, Pullur P.O, Irinjalakuda, Thrissur District
Defendants
Kuttykrishna Menon (75 years years)
Krishna Nilayam, Near Siva Temple, Ponnkunnam P.O, Thrissur District – 680 002
E.S Menon @ Sivanandan (73 years years)
Flat No. 106, Sayidatta Apartment 1- 5-6 Sreekrishana Colony, Musheerabad, Hyderabad – 5000020
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Permission to deposit Rs. 50,000/- (Rs. 25,000/- each) as per the Will.
Evidence:
The petitioner is permitted to make deposit of Rs.50,000/- payable to the respondents (Rs.25000/- each) as per Will deed No.115/1999 of Nellayi registry (Ext.A1).
Relief Type:
Other
Outcome:
Granted
Description:
The statutory charge over the property ceases upon deposit.
Evidence:
In the event of deposit as ordered in this petition, the statutory charge now existing over the petition schedule property as a result of non payment of the amount contemplated in Ext.A1 will cease to be in force.
Documents & Evidence
Document Type:
Will
Submitted By:
Plaintiff
Relevance:
This is the original Will of the petitioner's mother, which evidences ownership and the obligation to pay the respondents.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
This certificate evidences the death of the petitioner's mother, triggering the enforcement of the Will.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document evidences tax payments related to the property in question.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document evidences tax payments related to the property in question.
Reference:
Ext.A4
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This notice was issued to inform the respondents of the petitioner’s willingness to pay the amount due under the Will.
Reference:
Ext.A5