Case Summary
Ruth Mathew and her minor children Samuel Benoy Thomas and Sarah Benoy Thomas are petitioners seeking a succession certificate for the estate of the deceased, Benoy Varkey Thomas. The court has found them to be the legal heirs with no objections from other parties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Succession Certificate issued to Ruth Mathew
Case Type
Succession
Final Judgment
No
Why Plaintiff Won:
The petitioners are legal heirs with no objections from others, and evidence supports their claims.
The petitioners are legal heirs with no objections from others, and evidence supports their claims.
Judgment Evidence:
Hence the petition is allowed on the above mentioned conditions, in respect of grant of succession certificate. Issue Succession Certificate in the name of the first petitioner in respect of the following properties.
Parties Involved
Plaintiffs
Ruth Mathew (40 years)
Edacheril House, 4th Cherupushpam Lane, Kadavanthara P. O, Kochi 682 020, Ernakulam District, Kerala
Samuel Benoy Thomas (11 years)
Edacheril House, 4th Cherupushpam Lane, Kadavanthara P.O, Kochi - 682 020, Ernakulam District, Kerala
Sarah Benoy Thomas (8 years)
Edacheril House, 4th Cherupushpam Lane, Kadavanthara P.O, Kochi - 682 020, Ernakulam District, Kerala
Defendants
Reliefs
Relief Type:
Succession Certificate
Outcome:
Granted
Description:
Grant of succession certificate to the first petitioner to realize and collect the deceased's estate.
Evidence:
I am of the opinion that the petition can be allowed in respect to grant of succession certificate.
Relief Type:
Other
Outcome:
Granted
Description:
Conditions required for the issuance of the succession certificate including deposit of shares in fixed deposits for minors.
Evidence:
The first petitioner is directed to deposit the respective shares of the minor petitioners, in the property covered by the succession certificate, in fixed deposits before any nationalized bank.
Documents & Evidence
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Establishes the death of Benoy Varkey Thomas.
Reference:
Ext.A1
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
Serves as proof of the petitioners' legal heir status.
Reference:
Ext.A2
Document Type:
Paper publication
Submitted By:
Plaintiff
Relevance:
Demonstrates that notice was given to potential respondents.
Reference:
Ext.A3
Document Type:
Confirmation letter issued by HDFC Bank
Submitted By:
Plaintiff
Relevance:
Confirms the deceased's bank accounts.
Reference:
Ext.A4
Document Type:
Folio Statement
Submitted By:
Plaintiff
Relevance:
Provides details of the mutual fund investment owned by the deceased.
Reference:
Ext.A5