Case Summary
The petitioners are the children and legal heirs of late Thomas M.D. They seek a Succession Certificate for a deposit made by their father, who died intestate. The respondent contests the claim, asserting that a nominee was designated for the deposit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Succession Certificate issued for the petitioners and the respondent.
Case Type
Succession
Final Judgment
No
The court granted a Succession Certificate for the disputed deposit in favor of the petitioners alongside the respondent. The petitioners are entitled to 9/10 shares while the respondent is entitled to 1/10 share.
Why Plaintiff Won:
The father died intestate regarding the deposited amount, entitling the petitioners to a Succession Certificate.
The father died intestate regarding the deposited amount, entitling the petitioners to a Succession Certificate.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Rs.1 lakh is a fixed deposit, deposited by the father of petitioners and respondent. Father died intestate regarding this deposited amount. Hence the petitioners are entitled for a succession certificate concerning the above fixed deposit.
Judgment Evidence:
In the result, a Succession Certificate is issued in the name of the petitioners and the respondent for claiming the petition schedule amount along with interest, from the State Bank of India, Kanjirappally Branch.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Leelamma John
- Party Age
- 79
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Omana Jacob
- Party Age
- 77
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Sebastian M.Thomas
- Party Age
- 75
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Mary Chacko
- Party Age
- 73
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Philly Seabstian
- Party Age
- 72
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Santhosh M.Thomas
- Party Age
- 62
- Relation
- S/o
Plaintiffs Documents
Special term deposit receipt No.SD/A/80360061 of SBI, Kanjirappally, Death Certificate of M.D.Thomas.
Defendants Documents
Certified copy of Will deed No.128/III/2010 of SRO, Erumely, Certified copy of settlement deed No.415/1/10 of SRO, Erumely, Certified copy of agreement No.2477/73 of SRO, Kanjirappally.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- George Kurian
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Harindramohan Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Issuance of Succession Certificate for the amount deposited with the State Bank.
Evidence:
In the result, a Succession Certificate is issued in the name of the petitioners and the respondent for claiming the petition schedule amount along with interest from the State Bank of India, Kanjirappally Branch.
Documents & Evidence
Document Type:
Special Term Deposit Receipt
Submitted By:
Plaintiff
Relevance:
This document evidences the Rs.1 lakh deposited with the State Bank of India, which is the subject of the succession certificate claim.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
This document verifies the death of the deceased, M.D. Thomas, which is relevant for the issuance of the succession certificate.
Reference:
Ext.A2
Document Type:
Will Deed
Submitted By:
Defendant
Relevance:
This document is referred to concerning the deceased's testamentary intentions, though it was not proved in court.
Reference:
Ext.B1
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
This document relates to the charitable settlements made by the deceased, which are pertinent to contesting the claims on the deposit.
Reference:
Ext.B2
Document Type:
Agreement
Submitted By:
Defendant
Relevance:
This document is discussed in relation to the distribution of property among heirs.
Reference:
Ext.B3
Document Type:
Nominee Details
Submitted By:
Unknown
Relevance:
This document contains information about the nominee details concerning the disputed deposit.
Reference:
Ext.X1
Document Type:
Certificate under the Bankers Book of Evidence Act
Submitted By:
Unknown
Relevance:
This document provides certification relevant to the nominee details.
Reference:
Ext.X1(a)
Case Classification
Case Type
Succession
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Intestate succession
Case Code
Case between Leelamma John et al vs Santhosh M.Thomas regarding issuance of Succession Certificate.
Case Code Year
Case between Leelamma John et al vs Santhosh M.Thomas regarding issuance of Succession Certificate.