Case Summary
Petition filed by the legal heirs of deceased Enikutty to obtain a succession certificate for claiming the amount deposited in a Treasury savings bank account.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Succession certificate issuance
Case Type
Succession Original Petition
Final Judgment
No
The court granted the petition and ordered the issuance of a succession certificate to the second petitioner to collect the deposited amount.
Why Plaintiff Won:
The petitioners provided valid evidence of being the legal heirs of the deceased to claim the deposited amount.
The petitioners provided valid evidence of being the legal heirs of the deceased to claim the deposited amount.
Losing Side's Weaknesses:
The petitioners provided valid evidence of being the legal heirs of the deceased to claim the deposited amount.
The petitioners provided valid evidence of being the legal heirs of the deceased to claim the deposited amount.
Supporting Evidence
Considering the oral or documentary evidence and also in the absence of any other claimants against the claims of the petitioners herein, I am of the view that the petitioners are entitled to get the Saving bank deposit of an amount of Rs.6,73,299/- with treasury savings bank account at sub treasury, Tirur No.PSB 179 maintained by the deceased Enikutty, as legal representatives of deceased Enikutty.
Judgment Evidence:
The petitioners are entitled to get the Saving bank deposit of an amount of Rs.6,73,299/- with treasury savings bank account at sub treasury, Tirur No.PSB 179 maintained by the deceased Enikutty, as legal representatives of deceased Enikutty. In the result, petition is allowed with no costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M.K. Sulaikha
- Party Age
- 67
- Relation
- Wife of Enikkutty. C.K.
- Party Role
- Plaintiff
- Party Name
- M.K. Subaida
- Party Age
- 51
- Relation
- Daughter of Enikkutty, C.K
- Party Role
- Plaintiff
- Party Name
- M.K. Abdul Shukkoor
- Party Age
- 49
- Relation
- Son of Enikkutty, C.K
- Party Role
- Plaintiff
- Party Name
- M.K. Muneera
- Party Age
- 43
- Relation
- Daughter of Enikkutty, C.K
- Party Role
- Plaintiff
- Party Name
- M.K. Mujeeb
- Party Age
- 42
- Relation
- Son of Enikkutty, C.K
- Party Role
- Defendant
- Party Name
- M.K. Naseerkhan
- Party Age
- 46
- Relation
- Son of Enikkutty. C.K
Plaintiffs Documents
Legal heirship certificate, Treasury Pass book
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.K.Moosakutty
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Noufel
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Succession Certificate issuance
Outcome:
Granted
Description:
To collect the deposit maintained by deceased Enikutty
Evidence:
In the result, petition is allowed with no costs. Issue succession certificate in the name of the second petitioner for and on behalf of all the petitioners and respondent to collect the deposit maintained by deceased C.K.Enikutty with No.PSB 179 of Treasury Savings Bank Account at Sub Treasury, Tirur.
Documents & Evidence
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
Showed that the petitioners and respondent are the only legal heirs of deceased Enikutty
Reference:
Ext.A1
Document Type:
Treasury Pass book
Submitted By:
Plaintiff
Relevance:
Proof of the Savings bank account of deceased Enikutty at sub treasury, Tirur
Reference:
Ext.A2
Case Classification
Case Type
Succession Original Petition
Category
Property and Possession Disputes
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between M.K. Sulaikha et al vs M.K. Naseerkhan regarding succession rights
Case Code Year
Case between M.K. Sulaikha et al vs M.K. Naseerkhan regarding succession rights