Case Summary
Shri. John Tharakan has filed a petition for issuance of a Succession Certificate for the estate of his deceased father, Late P. Mathew Tharakan. The respondents are his siblings, who are also legal heirs, and the case involves the property of the deceased.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Succession certificate in favour of the petitioner and respondents
Case Type
Succession
Final Judgment
No
The court allowed the petition for a Succession Certificate in favor of the petitioner and the respondents, confirming their legal heirship to the deceased's estate.
Why Plaintiff Won:
The evidence on record proved the petitioner's case, establishing legal heirship without any impediment.
The evidence on record proved the petitioner's case, establishing legal heirship without any impediment.
Losing Side's Weaknesses:
The evidence on record proved the petitioner's case, establishing legal heirship without any impediment.
The evidence on record proved the petitioner's case, establishing legal heirship without any impediment.
Supporting Evidence
The averments in the petition are proved by the exhibits on record and evidence of PW1. Nothing is brought out to disentitle the petitioner to reliefs sought for.
Judgment Evidence:
In the result, SOP is allowed. Issue succession certificate in favour of the petitioner and the respondents.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shri. John Tharakan
- Party Age
- 63
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shri. P. Raju Tharakan
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shri. Jacob Tharakan
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shri. Mariamma Thomas
- Relation
- D/o
Plaintiffs Documents
Certified copy of the Judgment in I.A (O.P) No. 112/2022, Letter bearing No. C1AL/CS/SC (P) issued by Cochin International Airport Limited, Copy of Share Certificate bearing No. 35158-35167, R.C Book of the Vehicle bearing Register No. KL-07-BR - 6481
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P. Jayabal Menon
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Akshara
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Issuance of a succession certificate for the petitioner and respondents in respect of the petition schedule items.
Evidence:
Hence, the petition is allowed. Issue a succession certificate in the name of the petitioner and the respondents, in respect of the petition schedule items.
Documents & Evidence
Document Type:
Certified copy of the judgment
Submitted By:
Plaintiff
Relevance:
This document is a certified copy of the judgment related to I.A (O.P) No. 112/2022, which supports the petitioner's claims.
Reference:
Ext.A1
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
This letter was issued by Cochin International Airport Limited and is relevant to the case regarding the succession.
Reference:
Ext.A2
Document Type:
Copy of Share Certificate
Submitted By:
Plaintiff
Relevance:
This is a copy of the share certificate that belongs to the deceased, necessary for the succession certificate.
Reference:
Ext.A3
Document Type:
Copy of Letter
Submitted By:
Plaintiff
Relevance:
This document is a copy of a letter issued by Cochin International Airport Ltd, relevant to the assets of the deceased.
Reference:
Ext.A4
Document Type:
Copy of Share Certificate
Submitted By:
Plaintiff
Relevance:
This includes multiple share certificates that belonged to the deceased, necessary for obtaining the succession certificate.
Reference:
Ext.A5
Document Type:
R.C Book of the Vehicle
Submitted By:
Plaintiff
Relevance:
This document is the registration book of a vehicle owned by the deceased, relevant for the succession proceedings.
Reference:
Ext.A6
Case Classification
Case Type
Succession
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Legal heir succession
Case Code
Case between Shri. John Tharakan vs Shri. P. Raju Tharakan et al regarding issuance of Succession Certificate
Case Code Year
Case between Shri. John Tharakan vs Shri. P. Raju Tharakan et al regarding issuance of Succession Certificate