Case Summary
The petitioners, Sushama and Dharmalatha, are the sisters of the deceased Padmasanan and seek a succession certificate for his fixed deposits. The respondent, Deepa.T.Padman, claims rights based on a will, contesting the petitioners' legal heir status.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Succession Certificate is granted.
Case Type
Succession
Final Judgment
No
The court granted the succession certificate to the petitioners, allowing them to collect the amounts from the bank with interest. The respondent is ordered to pay the costs to the petitioners.
Why Plaintiff Won:
The petitioners provided evidence establishing their status as legal heirs.
The petitioners provided evidence establishing their status as legal heirs.
Losing Side's Weaknesses:
The petitioners provided evidence establishing their status as legal heirs.
The petitioners provided evidence establishing their status as legal heirs.
Supporting Evidence
The petitioners are the only legal heirs of deceased Padmasanan as per the evidence presented.
Judgment Evidence:
In the result, this petition is allowed. Succession Certificate is granted to the petitioners and the petitioners are empowered to collect the petition scheduled amount with its interest thereon.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sushama
- Party Age
- 79
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Dharmalatha @ Latha
- Party Age
- 76
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Deepa.T.Padman
- Party Age
- 36
- Relation
- W/o
Plaintiffs Documents
Notarised copy of Power of attorney, Deposit certificate from Kolloorvila Service Co-operative Bank.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Chandra Babu. D.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Abhilash.B
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Vishnu Narayan. L.R.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Grant of Succession Certificate to the petitioners.
Evidence:
In the result, this petition is allowed. Succession Certificate is granted to the petitioners.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executed in favour of R. Rajesh by the petitioners.
Reference:
Ext.A1
Document Type:
Deposit Certificate
Submitted By:
Plaintiff
Relevance:
Certificate for fixed deposit amount of 4,85,714/- in Kolloorvila Service Co-operative Bank.
Reference:
Ext.A2
Document Type:
Deposit Certificate
Submitted By:
Plaintiff
Relevance:
Certificate for fixed deposit amount of 4,58,705/- in Kolloorvila Service Co-operative Bank.
Reference:
Ext.A3
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Certificate confirming the death of Padmasanan on 08.02.2017.
Reference:
Ext.A4
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
Issued by Village Officer, confirming the family relationship to Padmasanan.
Reference:
Ext.A5
Document Type:
Petition
Submitted By:
Plaintiff
Relevance:
Certified copy of revocation petition filed in OP(Suc)10/18.
Reference:
Ext.A6
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Will Deed No.85/2012/111 filed in OP(Suc) 10/18.
Reference:
Ext.A7
Case Classification
Case Type
Succession
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Sushama et al vs Deepa.T.Padman regarding issuance of Succession Certificate.
Case Code Year
Case between Sushama et al vs Deepa.T.Padman regarding issuance of Succession Certificate.