Case Summary
The plaintiffs are the daughters of late Parameshwaran and late Bhavani, seeking partition of the family property. The defendants are the wife and daughter of the plaintiffs' brother, who the plaintiffs claim are not properly looking after the deceased father's affairs.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the will in question was not validly executed and that the family property was partible, leading to the dismissal of the plaintiffs' suit for partition.
Key Reasoning:
The will was not executed in compliance with the legal requirements, and the plaintiffs were found to have relinquished their rights to the property.
The will was not executed in compliance with the legal requirements, and the plaintiffs were found to have relinquished their rights to the property.
Why Defendant Won:
The will was not executed in compliance with the legal requirements, and the plaintiffs were found to have relinquished their rights to the property.
The will was not executed in compliance with the legal requirements, and the plaintiffs were found to have relinquished their rights to the property.
Supporting Evidence
The will cannot be proved in the manner contemplated under law. Hence, it cannot be established that the Will deed No.7/1994 was executed by late Mr. Parameshwaran out of his free Will in favour of Mr. Surendran.
Judgment Evidence:
Hence, the suit is dismissed. Considering the facts and circumstances that surround the case, the parties are directed to suffer their respective costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Remani O.P
- Party Role
- Plaintiff
- Party Name
- Rathi Shaji
- Party Role
- Plaintiff
- Party Name
- Shobha Somanath
- Party Role
- Defendant
- Party Name
- Usha Surendran
- Relation
- W/o. Late Surendran @ Suresh
- Party Role
- Defendant
- Party Name
- Asha K.S
Plaintiffs Documents
Death Certificate, Certified copies of various Sale Deeds and Gift Deed.
Defendants Documents
Release Deeds, Will Deed, Tax Paid Receipts.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- C.S Sunil
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Binni Kamal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.S Unnikrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Aleena Maria Jose
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ardra Krishnan M
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Krishnendu D
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Refused
Description:
The plaintiffs sought partition and separate possession of the property.
Evidence:
Hence, it cannot be established that the Will deed No.7/1994 was executed by late Mr. Parameswaran out of his free Will in favour of Mr. Surendran.
Documents & Evidence
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Proved the death of the father of the plaintiffs.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Document supporting the ownership of the plaint schedule properties.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Document supporting the ownership of the plaint schedule properties.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Document supporting the ownership of the plaint schedule properties.
Reference:
Ext.A4
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Document supporting the ownership of the plaint schedule properties.
Reference:
Ext.A5
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Document supporting the ownership of the plaint schedule properties.
Reference:
Ext.A6
Document Type:
Release deed
Submitted By:
Defendant
Relevance:
Proved that the second plaintiff relinquished her rights over the property.
Reference:
Ext.B1
Document Type:
Release deed
Submitted By:
Defendant
Relevance:
Proved that the first plaintiff relinquished her rights over the property.
Reference:
Ext.B2
Document Type:
Will Deed
Submitted By:
Defendant
Relevance:
Document contested by plaintiffs regarding its validity and execution.
Reference:
Ext.B3
Document Type:
Tax Paid Receipt
Submitted By:
Defendant
Relevance:
Document demonstrating tax compliance for the property.
Reference:
Ext.B4
Document Type:
Tax Paid Receipt
Submitted By:
Defendant
Relevance:
Document demonstrating tax compliance for the property.
Reference:
Ext.B5
Document Type:
Tax Paid Receipt
Submitted By:
Defendant
Relevance:
Document demonstrating tax compliance for the property.
Reference:
Ext.B6
Document Type:
Tax Paid Receipt
Submitted By:
Defendant
Relevance:
Document demonstrating tax compliance for the property.
Reference:
Ext.B7
Document Type:
Tax Paid Receipt
Submitted By:
Defendant
Relevance:
Document demonstrating tax compliance for the property.
Reference:
Ext.B8
Document Type:
Tax Paid Receipt
Submitted By:
Defendant
Relevance:
Document demonstrating tax compliance for the property.
Reference:
Ext.B9
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Remani O.P et al vs Usha Surendran et al regarding partition and separate possession
Case Code Year
Case between Remani O.P et al vs Usha Surendran et al regarding partition and separate possession