Case Summary
Malini, the second plaintiff, seeks partition of property following the death of her mother, the first plaintiff. The case revolves around the validity of a Will executed by the first plaintiff in favor of the second plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A supplementary preliminary decree is passed in favor of the petitioner.
Case Type
Final Decree Application
Final Judgment
No
Why Plaintiff Won:
The Will was found valid and executed in accordance with Indian legal standards.
The Will was found valid and executed in accordance with Indian legal standards.
Judgment Evidence:
Accordingly, based on the evidence on record, the Court is satisfied that a supplementary preliminary decree in favour of the petitioner deserves to be passed.
Parties Involved
Plaintiffs
Malini (Age not specified years)
Airiyil, Eroor Desam, Nadama Village, Kanayannur Taluk
Defendants
Maya Krishnakumar (51 years)
Airyil Narayaneeyam House, Thrippunithura - Elumana Road, Eroor South P O, Eroor Desam, Nadama Village, Kanayannur Taluk - 682 306
Rajasree (53 years)
W/o Murali Madhavan Nair, Maya House, Pazhaveedu P O, Alappuzha - 688 009
Rajendra Menon (47 years)
B/o Rajasree, Maya House, Pazhaveedu P O, Alappuzha - 688 009
Jayashree Satheesh (52 years)
W/o Satheesh, Flat No. H 61/24, Sector 4, Sunrise Co - operative Housing Society, Nerul, Navi Mumbai - 400 706
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The petitioner was granted a two-thirds share in the plaint schedule property.
Evidence:
Accordingly, the petitioner is entitled to a two-thirds (2/3) share in the plaint schedule property.
Documents & Evidence
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
The Will executed by the first plaintiff bequeathing her share in the property to the second plaintiff is key to the plaintiff's claim of entitlement to a two-thirds share in the property.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
The death certificate of the first plaintiff is relevant to establish her death and support the validity of the Will dated 02.04.2009.
Reference:
Ext.A2