Case Summary
The petitioners are seeking a Succession Certificate for the property of the late M.A. Uthaman, claiming to be his legal heirs. The respondents dispute this claim, asserting that the first petitioner is not the legally wedded wife of the late Uthaman.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Succession
Final Judgment
No
Key Reasoning:
The petitioners failed to prove their claims of being the legal heirs and the existence of a valid marriage.
The petitioners failed to prove their claims of being the legal heirs and the existence of a valid marriage.
Judgment Evidence:
In view of these facts and discussions made above, I am of the opinion that a prima facie case as warranted for grant of issuance of succession certificate as prayed for in the petition at hand is not made out in the case and facts at hand. In view of the discussions made above, I am of the opinion that the petition deserves to be dismissed and dismissed.
Parties Involved
Plaintiffs
Shyla Uthaman (45 years)
Pallipparambil House, Glass Colony, Kalamassery, Ernakulam District, Thrikkakkara North Village
Amal Uthaman (22 years)
Pallipparambil House, Glass Colony, Kalamassery, Ernakulam District, Thrikkakkara North Village
Aiswarya Uthaman (23 years)
Pallipparambil House, Glass Colony, Kalamassery, Ernakulam District, Thrikkakkara North Village
Defendants
Smt. Malathi (78 years)
Manalipparambu House, Pallipparam chal, Udyogamandal.PO., Parur Taluk, Pin 683 501
Smt. Sudha (Age not specified years)
Harijan Colony, Muppathadam P.O., Aluva, Pin. 683 110
Shri. Vinu. H.U. (Age not specified years)
Harijan Colony, Muppathadam P.O., Aluva, Pin. 683 110
The Deputy General Manager (HRM), Indian Rare Earths (Age not specified years)
Undyogamandal, Ernakulam District, Pin - 683 501
Omana Purushan (65 years)
Blayiparambil House, Pallippuram chal, Udyogamandal. P.O, Eloor, Pin - 683 501
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
Request for issuance of a Succession Certificate.
Evidence:
In view of the discussions made above, I am of the opinion that the petition deserves to be dismissed and dismissed.
Documents & Evidence
Document Type:
Marriage Invitation Card
Submitted By:
Plaintiff
Relevance:
Marked subject to proof, later the original was produced.
Reference:
Ext.A1
Document Type:
Marriage Invitation Card
Submitted By:
Plaintiff
Relevance:
Original of the marriage invitation card.
Reference:
Ext.A1(a)
Document Type:
Certificate issued by Secretary, Kalamassery Municipality
Submitted By:
Plaintiff
Relevance:
Marked subject to objection.
Reference:
Ext.A3
Document Type:
Birth Certificate
Submitted By:
Plaintiff
Relevance:
Marked subject to proof.
Reference:
Ext.A4
Document Type:
Birth Certificate of Aiswarya M.U
Submitted By:
Plaintiff
Relevance:
Original birth certificate issued by Cochin Corporation.
Reference:
Ext.A4(a)
Document Type:
Birth Certificate
Submitted By:
Plaintiff
Relevance:
Marked subject to proof.
Reference:
Ext.A5
Document Type:
Birth Certificate of Aiswarya M.U
Submitted By:
Plaintiff
Relevance:
Original birth certificate issued by Cochin Corporation.
Reference:
Ext.A5(a)
Document Type:
Secondary School leaving Certificate of Aiswarya M.U
Submitted By:
Plaintiff
Relevance:
Marked subject to proof.
Reference:
Ext.A6
Document Type:
Secondary School leaving Certificate of Amal Uthaman
Submitted By:
Plaintiff
Relevance:
Original secondary school leaving certificate issued by General Education Department.
Reference:
Ext.A6(a)
Document Type:
Secondary School leaving Certificate of Amal Uthaman
Submitted By:
Plaintiff
Relevance:
Marked subject to proof.
Reference:
Ext.A7
Document Type:
Secondary School leaving Certificate of Aiswarya M.U
Submitted By:
Plaintiff
Relevance:
Original secondary school leaving certificate issued by General Education Department.
Reference:
Ext.A7(a)
Document Type:
Document No. 3081/1996
Submitted By:
Plaintiff
Relevance:
Marked subject to proof.
Reference:
Ext.A8
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Issued by Kalamassery Municipality.
Reference:
Ext.A9
Document Type:
Marriage Certificate
Submitted By:
Defendant
Relevance:
Marked subject to proof.
Reference:
Ext.B1
Document Type:
Certificate issued by Bharathiya Pattika Jana Samajam
Submitted By:
Defendant
Relevance:
Marked subject to proof.
Reference:
Ext.B2
Document Type:
Death Certificate
Submitted By:
Defendant
Relevance:
Issued by Eloor Municipality.
Reference:
Ext.B3
Document Type:
Birth Certificate
Submitted By:
Defendant
Relevance:
Issued by Corporation of Cochin.
Reference:
Ext.B6