Case Summary
The plaintiffs are the legal heirs of Chacko, who is deceased. They are seeking a declaration that Will deed No. 16/1972 is free from all obligations cast therein by the testator.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A declaration that Will deed No.16/1972 of Kaduthuruthy SRO is free from all obligations casted therein by the testator. Plaintiffs are entitled to realise the cost from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs regarding the Will deed and stated it is free from obligations.
Why Plaintiff Won:
The plaintiffs were entitled to get a decree in their favour based on unchallenged evidence.
The plaintiffs were entitled to get a decree in their favour based on unchallenged evidence.
Losing Side's Weaknesses:
The plaintiffs were entitled to get a decree in their favour based on unchallenged evidence.
The plaintiffs were entitled to get a decree in their favour based on unchallenged evidence.
Supporting Evidence
From the unchallenged evidence, it can be seen that plaintiffs were entitled to get a decree in their favour.
Judgment Evidence:
In the result, the suit is decreed as follows:- a.Plaintiffs are entitled for a declaration that Will deed No.16/1972 of Kaduthuruthy SRO is free from all obligations casted therein by the testator.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Chacko
- Party Age
- 82
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Leelamma Chacko
- Party Age
- 76
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sheeba Jacob
- Party Age
- 53
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Suni Jacob
- Party Age
- 51
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Minimol Jacob
- Party Age
- 48
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Lucy Thomas
- Party Age
- 57
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mathew Simon @ Saji
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Aancy
- Party Age
- 55
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Steephan
- Party Age
- 77
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Thressia
- Party Age
- 74
- Relation
- D/o
Plaintiffs Documents
Will deed No.16/1972, Tax receipt No.KL05050701982/2021, Lawyer notice dated 12.11.2021, Power of Attorney, Death certificate of K.C Thomas, Death certificate of K.T. Chacko, Certified copy of receipt No.38/1973.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Johny K Manippadam
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Joby Varghese
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration that Will deed No. 16/1972 is free from all obligations.
Evidence:
Plaintiffs are entitled for a declaration that Will deed No.16/1972 of Kaduthuruthy SRO is free from all obligations casted therein by the testator.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs are entitled to realize the cost from the defendants.
Evidence:
The plaintiffs are entitled to realize the cost from the defendants.
Documents & Evidence
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
Proved execution and acknowledged content regarding the bequest made by the testator.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Serves as evidence for property tax payments which is relevant to ownership.
Reference:
Ext.A2
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Initial communication to defendants regarding claims made by the plaintiff.
Reference:
Ext.A3
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's authority to act on behalf of the additional plaintiffs.
Reference:
Ext.A4
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Verifies the death of K.C. Thomas, relevant to the case context.
Reference:
Ext.A5
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Verifies the death of K.T. Chacko, relevant to the case context.
Reference:
Ext.A6
Document Type:
Registered Receipt
Submitted By:
Plaintiff
Relevance:
Serves as evidence of payments made in accordance to the obligations of the Will.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Case Code
Case between Chacko et al vs Lucy Thomas et al regarding declaration of Will deed.
Case Code Year
Case between Chacko et al vs Lucy Thomas et al regarding declaration of Will deed.