Case Summary
Sunilkumar.K.G. filed a suit against Santhoshkumar.K.L. and Sureshkumar.K.G. regarding the validity of a will executed by Smt. K.I. Lakshmi. The plaintiff claims the will bequeaths property to him, while the defendants dispute its authenticity.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to issue receipt upon payment of Rs.3,35,000/- and vacate the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court declared that the will No.239/17 dated 11.10.2017 is valid and executed by Smt. Lakshmi. The defendants are ordered to vacate the property and accept the payment specified in the will.
Why Plaintiff Won:
The will is found to be duly signed and executed by Smt. Lakshmi with sound mind.
The will is found to be duly signed and executed by Smt. Lakshmi with sound mind.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Plaintiff has clearly proved that Smt. Lakshmi had executed Ext.A1. The evidence of DW1 and PW1 to PW4 would clearly show that Smt. Lakshmi had no mental incapacity.
Judgment Evidence:
In the result, suit is decreed. It is hereby declared that will No.239/17 dated 11.10.2017 of Piravom SRO is duly signed and executed by Smt. Lakshmi Gopalan and is her last will.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sunilkumar.K.G.
- Party Age
- 44
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Santhoshkumar.K.L.
- Party Age
- 48
- Relation
- Father's name not known to the plaintiff
- Party Role
- Defendant
- Party Name
- Sureshkumar.K.G.
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Will Deed No.239/2017, Order of Maintenance Tribunal dated 05.06.2017, Death Certificate of Lakshmi.
Defendants Documents
Certified copy of case record of Smt. Lakshmi from Medical College Hospital.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Varghese.C. Kuriakose
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P.V. Varghese
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- B. Jayasankar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.V. Jayachandran
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration that will No.239/17 is duly signed and executed by Smt. Lakshmi and is her last will.
Evidence:
It is hereby declared that will No.239/17 dated 11.10.2017 of Piravom SRO is duly signed and executed by Smt. Lakshmi Gopalan and is her last will.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directing defendants to issue receipt upon payment of Rs.3,35,000/- by plaintiff.
Evidence:
Defendants are directed by a mandatory injunction to issue receipt upon payment of Rs.3,35,000/- by plaintiff within 2 months.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directing defendants to vacate the plaint schedule property.
Evidence:
Defendants are directed by a mandatory injunction to vacate plaint schedule property within two months.
Documents & Evidence
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
The court determined that Ext.A1 is the duly executed last will of Smt. Lakshmi.
Reference:
Ext.A1
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
The order from the Maintenance Tribunal dated 05.06.2017 is relevant to the case as it established the obligation for maintenance.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Provided proof of Smt. Lakshmi's death, which activated the will.
Reference:
Ext.A3
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
The notice served to the 1st defendant regarding the claim under the will.
Reference:
Ext.A4
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
The notice served to the 2nd defendant regarding the claim under the will.
Reference:
Ext.A5
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
The reply received from the defendants disputed the terms of the will.
Reference:
Ext.A6
Document Type:
Medical Certificate
Submitted By:
Defendant
Relevance:
Indicated the health of Smt. Lakshmi prior to her death, relevant to her mental capacity.
Reference:
Ext.B4
Document Type:
Entire records
Submitted By:
Unknown
Relevance:
Contains the complaint filed by Smt. Lakshmi, establishing her intent and claims.
Reference:
Ext.X1
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 Sunilkumar.K.G. vs Santhoshkumar.K.L., Sureshkumar.K.G. regarding declaration and mandatory injunction
Case Code Year
Case between Sunilkumar.K.G. vs Santhoshkumar.K.L., Sureshkumar.K.G. regarding declaration and mandatory injunction