Case Summary
The petitioners are the children of Late K.K. Kunju seeking a Succession Certificate for his assets. The court granted the certificate as there were no disputes among the legal heirs.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Succession Certificate for claiming the petition schedule amount
Case Type
Succession
Final Judgment
No
The court issued a Succession Certificate in favor of the first petitioner for the claim amount from M/s AVT Natural Products Ltd.
Why Plaintiff Won:
The petitioners are the only legal heirs entitled to succeed to the estate of deceased K.K. Kunju as per the Hindu Succession Act.
The petitioners are the only legal heirs entitled to succeed to the estate of deceased K.K. Kunju as per the Hindu Succession Act.
Losing Side's Weaknesses:
Not available
Not available
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 1st petitioner for claiming the petition schedule amount from M/s AVT Natural Products Ltd.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.K. Suchetha
- Party Age
- 64
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- K.K. Vimala
- Party Age
- 76
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- K.K. Nirmala
- Party Age
- 74
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- K.K. Susheela
- Party Age
- 72
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- K.K. Pavana
- Party Age
- 70
- Relation
- D/o
Plaintiffs Documents
Death Certificate of K.K. Kunju, Family membership certificate issued by Village Officer, Kanjirappally, Death Certificate of Kochammu K.C.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.S. Mohammed Haris
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sabitha G.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Issuance of a Succession Certificate for the petition schedule amount.
Evidence:
Hence the petition is allowed and the petitioners 1 to 8 are entitled to get 1/9 share each separately and petitioners 9 to 11 are entitled to get 1/9 share jointly, of the claim amount.
Documents & Evidence
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate of K.K. Kunju establishing his death.
Reference:
Ext.A1
Document Type:
Family Membership Certificate
Submitted By:
Plaintiff
Relevance:
Family membership certificate issued by Village Officer, Kanjirappally verifying family relations.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Original death certificate of petitioner's mother establishing her death.
Reference:
Ext.A3
Document Type:
Family Membership Certificate
Submitted By:
Plaintiff
Relevance:
Family membership certificate with respect to late Kochammu issued by Village Officer, Kanjirappally.
Reference:
Ext.A4
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate of K.K. Shantha establishing her death.
Reference:
Ext.A5
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
Legal heirship certificate for K.K. Shantha.
Reference:
Ext.A6
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate of K.K. Sudharma establishing her death.
Reference:
Ext.A7
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
Legal heirship certificate showing legal heirs of K.K. Sudharma.
Reference:
Ext.A8
Document Type:
Photocopy of Dividend Warrant
Submitted By:
Plaintiff
Relevance:
Photocopy of dividend warrant proving K.K. Kunju was a shareholder.
Reference:
Ext.A9
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by M/s AVT Natural Products Ltd. to K.K. Kunju.
Reference:
Ext.A10
Case Classification
Case Type
Succession
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
Case between K.K. Suchetha et al vs Nil regarding issuance of Succession Certificate
Case Code Year
Case between K.K. Suchetha et al vs Nil regarding issuance of Succession Certificate
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt