Case Summary
The case involves the children of two sisters, Bhavani and Bhargavi, seeking a partition of the property of their deceased brother, Sri. Thankappan. The plaintiffs claim shares in the property, while the defendants argue a will favors them.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit, ruling that the property was not partitionable as a valid will executed by the deceased was presented by the defendants.
Key Reasoning:
The court found that the defendants satisfactorily proved the execution of the will, which was contested by the plaintiffs.
The court found that the defendants satisfactorily proved the execution of the will, which was contested by the plaintiffs.
Why Defendant Won:
The court found that the defendants satisfactorily proved the execution of the will, which was contested by the plaintiffs.
The court found that the defendants satisfactorily proved the execution of the will, which was contested by the plaintiffs.
Supporting Evidence
The evidence of the attesting witnesses clearly established that the will was validly executed and the testator was in a sound state of mind.
Judgment Evidence:
In the result, the suit is dismissed. No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Viswambaran
- Party Age
- 62
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Ganesh
- Party Age
- 58
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Suseela
- Party Age
- 55
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- V.Raju
- Party Age
- 44
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Others
- Party Role
- Defendant
- Party Name
- Valsala Kumari
- Party Age
- 53
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Ambika
- Party Age
- 50
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Santhakumari
- Party Age
- 50
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sudhakaran
- Party Age
- 55
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Mohanan
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Certified copy of Sale deed Nos.2869/2005, 4251/2003, 3364/1953, 811/1952, 1120/1955, Release deed No.842/1999, Legal heirship certificate.
Defendants Documents
Original Will bearing number 191/2010, tax receipts for the years 2020-2021.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. S. Mohandas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. G.S.Prakash
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Solomon.J.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Refused
Description:
The plaintiffs sought partition of 1/9th share in the plaint schedule property.
Evidence:
The plaint schedule property not partiable and suit stands dismissed.
Documents & Evidence
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No.2869/2005 pertaining to the properties originally belonging to Sri. Thankappan.
Reference:
Ext.A1
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No.3364/1953 pertaining to the properties originally belonging to Sri. Thankappan.
Reference:
Ext.A2
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No.811/1952 pertaining to the properties originally belonging to Sri. Thankappan.
Reference:
Ext.A3
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No.1120/1955 pertaining to the properties originally belonging to Sri. Thankappan.
Reference:
Ext.A4
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Release deed No.842/1999 pertaining to the properties originally belonging to Sri. Thankappan.
Reference:
Ext.A5
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No.4251/2003 pertaining to the properties originally belonging to Sri. Thankappan.
Reference:
Ext.A6
Document Type:
Other
Submitted By:
Plaintiff
Relevance:
Pension payment order of deceased Viswambaran to substantiate the contention of additional plaintiffs 3 and 4.
Reference:
Ext.A8
Document Type:
Other
Submitted By:
Plaintiff
Relevance:
Legal heirship certificate of Viswambaran to substantiate the contention of additional plaintiffs 3 and 4.
Reference:
Ext.A9
Document Type:
Other
Submitted By:
Plaintiff
Relevance:
Notice of death of 1st plaintiff to substantiate the contention of additional plaintiffs 3 and 4.
Reference:
Ext.A10
Document Type:
Other
Submitted By:
Plaintiff
Relevance:
Photocopy of ration card of 1st plaintiff to substantiate the contention of additional plaintiffs 3 and 4.
Reference:
Ext.A11
Document Type:
Will
Submitted By:
Defendant
Relevance:
Original Will bearing number 191/2010 allegedly executed by Sri. Thankappan.
Reference:
Ext.B1
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Original tax receipt of the year 2020-2021 with respect to re-survey number 1/104, supporting the defendants' claims.
Reference:
Ext.B2
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Original tax receipt of the year 2020-2021 with respect to re-survey number 3/89, supporting the defendants' claims.
Reference:
Ext.B3
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipt of the year 2020-2021 with respect to re-survey number 1/256, supporting the defendants' claims.
Reference:
Ext.B4
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipt of the year 2020-2021 with respect to re-survey number 1/255, supporting the defendants' claims.
Reference:
Ext.B5
Document Type:
Other
Submitted By:
Defendant
Relevance:
Tax receipt of the year 2018-2019 with respect to re-survey number 11/78, supporting the defendants' claims.
Reference:
Ext.B6
Document Type:
Medical Certificate
Submitted By:
Defendant
Relevance:
Medical certificate related to the medical condition of Sri. Thankappan.
Reference:
Ext.B7
Document Type:
Treatment records
Submitted By:
Court
Relevance:
Scanned copy of treatment records of Sri. Thankappan with certification.
Reference:
Ext.X1
Document Type:
Treatment records
Submitted By:
Court
Relevance:
Scanned copy of treatment records of Sri. Thankappan with certification.
Reference:
Ext.X2
Document Type:
Treatment records
Submitted By:
Court
Relevance:
Scanned copy of treatment records of Sri. Thankappan with certification.
Reference:
Ext.X3
Document Type:
Treatment records
Submitted By:
Court
Relevance:
Scanned copy of treatment records of Sri. Thankappan with certification.
Reference:
Ext.X4
Document Type:
Other
Submitted By:
Court
Relevance:
Report regarding registration at residence.
Reference:
Ext.X5
Document Type:
Other
Submitted By:
Court
Relevance:
Application for registration of document at residence.
Reference:
Ext.X6
Document Type:
Certificate
Submitted By:
Court
Relevance:
No objection certificate issued by Medical Administrator, PRS Hospital.
Reference:
Ext.X7
Document Type:
Thumb Impression Register
Submitted By:
Court
Relevance:
Extract from thumb impression register book.
Reference:
Ext.X8
Document Type:
Will
Submitted By:
Court
Relevance:
Office copy of registered Will No.191/2010.
Reference:
Ext.X9
Document Type:
Medical Certificate
Submitted By:
Court
Relevance:
Copy of medical certificate dated 24/06/2010.
Reference:
Ext.X10
Document Type:
Will
Submitted By:
Court
Relevance:
Certified copy of registered Will No.191/2010.
Reference:
Ext.X11
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Viswambaran et al vs Valsala Kumari et al regarding partition of property
Case Code Year
Case between Viswambaran et al vs Valsala Kumari et al regarding partition of property