Case Summary
Willy George and Liza Mariya George, children of the late K.J. Varghese, filed a petition for a Succession Certificate to access the deceased's treasury savings deposit. The petitioners are the only legal heirs of the deceased, who died intestate.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Succession Certificate for claiming the petition schedule amount with interest
Case Type
Succession
Final Judgment
No
The petition for a Succession Certificate is allowed, granting the petitioners each a ½ share of the claim amount. The first petitioner is authorized to collect the total amount.
Why Plaintiff Won:
The petitioners successfully proved they are the only legal heirs of the deceased, supported by credible evidence.
The petitioners successfully proved they are the only legal heirs of the deceased, supported by credible evidence.
Losing Side's Weaknesses:
The petitioners successfully proved they are the only legal heirs of the deceased, supported by credible evidence.
The petitioners successfully proved they are the only legal heirs of the deceased, supported by credible evidence.
Supporting Evidence
The pleadings of the petitioners together with the evidence of PW1 would show that the petitioners are entitled to succeed the amount in the petition schedule.
Judgment Evidence:
In the result, a Succession Certificate is issued in the name of the petitioners for claiming the petition schedule amount with interest from the Treasury savings bank, Department of Treasuries, Govt. of Kerala.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Willy George
- Party Age
- 46
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Liza Mariya George
- Party Age
- 42
- Relation
- D/o
Plaintiffs Documents
Copy of death certificate of K.J. Varghese, Legal heirship certificate issued by Tahsildar, Certified copy of mother's death certificate, Treasury savings bank pass book.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- G. Radhakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M.K. Jayasree
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Issuance of Succession Certificate in favour of the petitioners.
Evidence:
Hence the petition is allowed and the petitioners are entitled to get ½ share each separately, of the claim amount.
Documents & Evidence
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Proved the death of K.J Varghese.
Reference:
Ext.A1
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
Showed that the petitioners are the only legal heirs of K.J Varghese.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Provided evidence of the petitioners' mother’s death.
Reference:
Ext.A3
Document Type:
Treasury Savings Bank Pass book
Submitted By:
Plaintiff
Relevance:
Related to the account maintained by K.J Varghese.
Reference:
Ext.A4
Document Type:
Aadhar Card
Submitted By:
Plaintiff
Relevance:
Identified Willy George as a petitioner.
Reference:
Ext.A5
Document Type:
Aadhar Card
Submitted By:
Plaintiff
Relevance:
Identified Liza Mariya George as a petitioner.
Reference:
Ext.A6
Case Classification
Case Type
Succession
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Legal heirship
Case Code
Case between Willy George et al vs Nil regarding issuance of Succession Certificate
Case Code Year
Case between Willy George et al vs Nil regarding issuance of Succession Certificate