Case Summary
The petitioners are the widow and children of late Mr. Chetan P Shah, who died intestate. They seek a succession certificate for the shares held by the deceased.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Succession certificate in the name of the petitioners with respect to the share certificate.
Case Type
Succession
Final Judgment
No
The court granted the succession certificate to the petitioners as they established their claim as legal heirs of the deceased.
Why Plaintiff Won:
The petitioners were established as the only legal heirs entitled to the shares.
The petitioners were established as the only legal heirs entitled to the shares.
Losing Side's Weaknesses:
The petitioners were established as the only legal heirs entitled to the shares.
The petitioners were established as the only legal heirs entitled to the shares.
Supporting Evidence
The evidence of PW1 and Exhibits A1 to A10 establish the case of the petitioners that they are the legal heirs of the deceased Mr.Chethan P Shah and that they are entitled to get the share certificates.
Judgment Evidence:
In the result, the petition is allowed. Issue succession certificate in the name of the petitioners with respect to the share certificate shown in the schedule below.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Chandini C Shah
- Party Age
- 61
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Roma C Shah
- Party Age
- 33
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Dhruvi C Shah
- Party Age
- 28
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Mayur Deepak Shah
- Party Age
- 40
Plaintiffs Documents
Death certificate of Chetan P. Shah, Legal heirship certificate issued from Taluk Office Kozhikode, Share Certificate No. 22514, Share Certificate No. 33072, Share Certificate No. 79124, Share Certificate No. 79125, Share Certificate No. 79126, Share Certificate No. 79127, Share Certificate No. 79128, Share Certificate No. 79129
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Nivedita Muchilote
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Anjana P. K.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Issuance of a succession certificate to the petitioners.
Evidence:
In the result, the petition is allowed. Issue succession certificate in the name of the petitioners with respect to the share certificate shown in the schedule below...
Documents & Evidence
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Establishes the identity of the deceased Mr. Chetan P Shah.
Reference:
Ext.A1
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
Confirms the petitioners as legal heirs of the deceased.
Reference:
Ext.A2
Document Type:
Share Certificate
Submitted By:
Plaintiff
Relevance:
Details the shares held by the deceased that are subject to the succession certificate.
Reference:
Ext.A3 to Ext.A10
Case Classification
Case Type
Succession
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Chandini C Shah et al vs Mayur Deepak Shah regarding succession certificate
Case Code Year
Case between Chandini C Shah et al vs Mayur Deepak Shah regarding succession certificate