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
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.
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
Plaintiffs
Remani O.P (null years)
TARA 27/A, Periyar nagar, Canai Road, Thottakattukara, Aluva 683 108.
Rathi Shaji (null years)
Veliyil Parambil House, Chathangattu Road, Palarivattom P.O, Kochi – 682 025.
Shobha Somanath (null years)
Geethanjali house, Poothotta, Ernakulam.
Defendants
Usha Surendran (null years)
Kuzhikattu house, BMC P.O, Thrikkakara, Ernakulam.
Asha K.S (null years)
Kuzhikattu house, BMC P.O, Thrikkakara, Ernakulam.
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