Case Summary
The petitioners, Radha Gopalan and Gopika K G, are seeking a declaration that a Will dated 01.02.2012 and a Settlement Deed are not binding upon them. They challenge the authenticity of the 2012 Will and request an expert examination of signatures.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Forward will No.85/2005 of SRO Maradu and unregistered will dated 01.02.2012 to fingerprint bureau for examination.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition to forward the Will and Settlement Deed for expert examination. The examination aims to determine the authenticity of the signatures involved.
Why Plaintiff Won:
The petition had merits to elucidate the matter in dispute.
The petition had merits to elucidate the matter in dispute.
Losing Side's Weaknesses:
The petition had merits to elucidate the matter in dispute.
The petition had merits to elucidate the matter in dispute.
Supporting Evidence
Considering the facts and circumstance of the case, the court is satisfied that the petition has merits and is to be allowed to elucidate the matter in dispute.
Judgment Evidence:
In the result, petition is allowed as follows: 1) Forward will No.85/2005 of SRO Maradu and unregistered will dated 01.02.2012 to fingerprint bureau for examination by fingerprint and handwriting expert.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Radha Gopalan
- Party Age
- 68
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Gopika K G
- Party Age
- 35
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Joseph Johnson
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- C L George
- Party Age
- 56
- Relation
- S/o
Plaintiffs Documents
Will dated 01.02.2012, Settlement Deed No. 893/2015 of SRO Maradu, Registered Will No. 85/2005 of SRO Maradu.
Defendants Documents
Counter affidavit opposing the petition.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K A Shaji Mathew
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Aneesh K M
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Forward will No. 85/2005 of SRO Maradu and unregistered will dated 01.02.2012 to finger print bureau for examination.
Evidence:
The petition is allowed as follows: Forward will No.85/2005 of SRO Maradu and unregistered will dated 01.02.2012 to finger print bureau for examination by finger print and handwriting expert.
Relief Type:
Declaration
Outcome:
Granted
Description:
Report on whether signatures belong to the same person.
Evidence:
The expert is directed to report whether signature in will dated 01.02.2012 and will No.85/2005 belongs to same person.
Documents & Evidence
Document Type:
Registered Will
Submitted By:
Plaintiff
Relevance:
Plaintiffs claim title to property based on this document.
Reference:
Will No. 85/2005
Document Type:
Unregistered Will
Submitted By:
Plaintiff
Relevance:
Challenged by plaintiffs as forged; expert examination requested.
Reference:
Will dated 01.02.2012
Document Type:
Finger Print and Handwriting Expert Report
Submitted By:
Unknown
Relevance:
Court orders examination of both wills to compare signatures.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Forgery of Will
Case Code
Case between Radha Gopalan et al vs Joseph Johnson et al regarding declaration of title to property
Case Code Year
Case between Radha Gopalan et al vs Joseph Johnson et al regarding declaration of title to property