Case Summary
The plaintiff, Shinu Gopal, is suing her stepmother and half-brothers for partition of inherited property. The plaintiff claims her legal right to a share of the property owned by her deceased father, which is currently in the exclusive possession of the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A preliminary decree for partition of the property into 4 equal shares
Case Type
Civil Suit
Final Judgment
No
The court decreed a preliminary decree for partition, recognizing the plaintiff's right to a 1/4 share of the inherited property. The parties are to bear their respective costs.
Why Plaintiff Won:
The plaintiff has equal undivided share in the property as per the Hindu Succession Act.
The plaintiff has equal undivided share in the property as per the Hindu Succession Act.
Losing Side's Weaknesses:
The plaintiff has equal undivided share in the property as per the Hindu Succession Act.
The plaintiff has equal undivided share in the property as per the Hindu Succession Act.
Supporting Evidence
The plaintiff is entitled to 1/4th undivided share in the plaint schedule property which is presently in the exclusive possession of the defendants.
Judgment Evidence:
Hence, the suit is decreed and a preliminary decree for partition is passed as follows: 1. The plaint schedule properties shall be divided into 4 equal shares and out of which 1/4 th share is allotted to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shinu Gopal
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Prasanna Gopal
- Party Age
- 70
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Rajesh Gopal
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Hemand Kumar. G
- Party Age
- 32
- Relation
- S/o
Plaintiffs Documents
Certified copy of the sale deed no 5196/81, True copy of the Death certificate issued by Kalamassery Municipality
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- R.Padmakumari
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jeswin P Varghese
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The plaintiff is granted a 1/4th share of the plaint schedule property.
Evidence:
the suit is decreed and a preliminary decree for partition is passed as follows: 1.The plaint schedule properties shall be divided into 4 equal shares and out of which 1/4 th share is allotted to the plaintiff.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the sale deed related to the property in dispute.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
True copy of the death certificate of the plaintiff's father.
Reference:
Ext.A2
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Evidence provided by the plaintiff during the court proceedings.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Shinu Gopal vs Prasanna Gopal et al regarding partition and separate possession
Case Code Year
Case between Shinu Gopal vs Prasanna Gopal et al regarding partition and separate possession