Case Summary
The petitioner, Smitha, seeks a succession certificate for the equity shares of her deceased father, M.C. Jose Moothedan. The respondents are his widow and children, who have no objection to the transfer of shares.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Succession certificate for 55,000 equity shares in Chemmannur Credits and Investments Ltd.
Case Type
Succession Certificate
Final Judgment
No
The petition has been allowed, granting Smitha the succession certificate for the equity shares of her deceased father.
Why Plaintiff Won:
The evidence established that the petitioner and respondents are the legal heirs of M.C. Jose Moothedan and that the respondents have no objection to transferring the shares.
The evidence established that the petitioner and respondents are the legal heirs of M.C. Jose Moothedan and that the respondents have no objection to transferring the shares.
Losing Side's Weaknesses:
The evidence established that the petitioner and respondents are the legal heirs of M.C. Jose Moothedan and that the respondents have no objection to transferring the shares.
The evidence established that the petitioner and respondents are the legal heirs of M.C. Jose Moothedan and that the respondents have no objection to transferring the shares.
Supporting Evidence
The evidence of PW1 and Exts.A1 to A5 establish the case of the petitioner that the petitioner and respondents are the legal heirs of deceased M.C Jose Moothedan and that M.C Jose Moothedan was entitled to 55,000 Equity shares in Chemmannur Credit and Investments Ltd.
Judgment Evidence:
In the result, The petition is allowed and the succession certificate is issued with respect to the equity shares in Chemmannur Credits and Investments Ltd.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Smitha
- Party Age
- 53
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Lucy
- Party Age
- 70
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Lijo Moothedan
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Lakshmi Nishanth
- Party Age
- 40
- Relation
- W/o
Plaintiffs Documents
Death Certificate of Sri. M.C. Jose Moothedan, Copy of Legal heirship certificate, Copy of Share certificate of Chemmannur credits and investments limited, One and the same certificate issued by Tahsildar, Kozhikode, Share holder list of Chemmannur credits and investments Limited.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C. K. Damodhar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Issuance of succession certificate regarding equity shares.
Evidence:
Hence the petitioner is entitled to get succession certificate.
Documents & Evidence
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Establishes the death of the deceased, M.C. Jose Moothedan.
Reference:
Ext.A1
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
Confirms the legal heirs of M.C. Jose Moothedan.
Reference:
Ext.A2
Document Type:
Share Certificate
Submitted By:
Plaintiff
Relevance:
Details the shares entitled to the deceased.
Reference:
Ext.A3
Document Type:
Certificate issued by Tahsildar
Submitted By:
Plaintiff
Relevance:
Reconfirms the share certificate details.
Reference:
Ext.A4
Document Type:
Share holder list
Submitted By:
Plaintiff
Relevance:
Lists the shares held by the deceased.
Reference:
Ext.A5
Case Classification
Case Type
Succession Certificate
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Smitha vs Lucy et al regarding succession certificate
Case Code Year
Case between Smitha vs Lucy et al regarding succession certificate