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OP. (Transfer of Property) No. 2/2023

Case between Kalyanikutty vs Kuttykrishna Menon, E.S. Menon regarding property ownership and payment of money as per Will

Court
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-08-07
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
The court allowed the petition permitting Kalyanikutty to deposit Rs.50,000/- for her brothers as stipulated in the Will. The statutory charge over the property will cease upon deposit.
Judgment Favored
Plaintiff
Relief Granted
Permission to deposit Rs.50,000/- in court
Case Type
Transfer of Property
Final Judgment
No
The court allowed the petition permitting Kalyanikutty to deposit Rs.50,000/- for her brothers as stipulated in the Will. The statutory charge over the property will cease upon deposit.
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.
Losing Side's Weaknesses:
The petitioner demonstrated her willingness to comply with the terms of the Will and the court recognized her legal obligation to the respondents.
Supporting Evidence
The evidence of PW1 remains unchallenged and was not subject to cross-examination. The court is satisfied that there is such a liability.

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

Parties

Party Role
Plaintiff
Party Name
Kalyanikutty
Party Age
81
Relation
W/o
Party Role
Defendant
Party Name
Kuttykrishna Menon
Party Age
75
Relation
S/o
Party Role
Defendant
Party Name
E.S Menon @ Sivanandan
Party Age
73
Relation
S/o
Plaintiffs Documents
Original Will, Death Certificate, Tax Receipts, Legal Notice
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
C.P Pradeep
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
R Rajesh
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sibi Karun
Appearance Type
Main Counsel

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

Case Classification

Case Type
Transfer of Property
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Obligation to pay as per Will
Case Code
Case between Kalyanikutty vs Kuttykrishna Menon, E.S. Menon regarding property ownership and payment of money as per Will
Case Code Year
Case between Kalyanikutty vs Kuttykrishna Menon, E.S. Menon regarding property ownership and payment of money as per Will

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Thu, 08/01/2024 - 12:00
To
Sat, 08/31/2024 - 12:00
Outcome Confidence
85%

Involved Entities

Private Individual

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