Case Summary
Prema. N. A is the petitioner seeking a succession certificate to withdraw fixed deposits belonging to late A. Sankarapillai and Baby Parvathy. Padma Gopalakrishnapilla is the respondent who did not appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Issue succession certificate in the name of petitioner.
Case Type
Succession Petition
Final Judgment
No
The court allowed the petition and issued a succession certificate to the petitioner, authorizing her to receive fixed deposits from the State Bank of India.
Why Plaintiff Won:
The court found no impediments under the Indian Succession Act to grant the certificate.
The court found no impediments under the Indian Succession Act to grant the certificate.
Losing Side's Weaknesses:
The court found no impediments under the Indian Succession Act to grant the certificate.
The court found no impediments under the Indian Succession Act to grant the certificate.
Supporting Evidence
The evidence of PW1 and Exts.A1, A10 to A12 establish the case of the petitioner that she is the osyath holder of late Sankarapillai.
Judgment Evidence:
In the result, Petition is allowed and Issue succession certificate in the name of petitioner, authorising her to receive fixed deposits having account No.67238199789, 67375360902 respectively from State Bank of India, Mananchira branch, Kozhikode.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Prema. N. A
- Party Age
- 74
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Padma Gopalakrishnapilla
- Party Age
- 84
- Relation
- W/o
Plaintiffs Documents
Osyath, Land tax receipt, Death Certificates.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C. Pushpodaran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Succession Certificate
Outcome:
Granted
Description:
Petitioner is entitled to receive a succession certificate to withdraw fixed deposits from SBI.
Evidence:
Hence this petition is filed requesting to issue succession certificate empowering the petitioner to withdraw the above fixed deposit from SBI Mananchira branch, Kozhikode.
Documents & Evidence
Document Type:
Osyath
Submitted By:
Plaintiff
Relevance:
This document establishes the petitioner as the osyath holder of late Sankarapillai.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This receipt supports the claim of the petitioner regarding the ownership of the property.
Reference:
Ext.A2
Document Type:
Legal Heir Certificate
Submitted By:
Plaintiff
Relevance:
This document certifies the legal heirs of late Baby Parvathy.
Reference:
Ext.A12
Document Type:
Fixed Deposit Receipt
Submitted By:
Plaintiff
Relevance:
This document represents the fixed deposit held in the name of late Sankarapillai.
Reference:
Ext.A10
Document Type:
Fixed Deposit Receipt
Submitted By:
Plaintiff
Relevance:
This document represents another fixed deposit held in the name of late Sankarapillai.
Reference:
Ext.A11
Case Classification
Case Type
Succession Petition
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Prema. N. A vs Padma Gopalakrishnapilla regarding succession certificate
Case Code Year
Case between Prema. N. A vs Padma Gopalakrishnapilla regarding succession certificate