Case Summary
E.Narayanan Potty and Vishnu Prasad.N, petitioners, are seeking a succession certificate for the estate of the deceased D.Saraswathi Devi. Divya N is the counter petitioner, asserting her rights under the law.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A succession certificate is granted in favour of the petitioners and counter petitioner for collecting the debts and securities due to the deceased D.Saraswathi Devi.
Case Type
Succession
Final Judgment
No
The court granted the petitioners and counter petitioner a succession certificate for collecting the debts and securities due to the deceased D.Saraswathi Devi.
Why Plaintiff Won:
The petitioners and counter petitioner are the only legal heirs of the deceased D.Saraswathi Devi.
The petitioners and counter petitioner are the only legal heirs of the deceased D.Saraswathi Devi.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
From the available materials on record, it is clear that the petitioners and counter petitioner only are the legal heirs of deceased D.Saraswathi Devi.
Judgment Evidence:
In the result, the petition is allowed as follows: 1. A succession certificate is granted in favour of the petitioners and counter petitioner for collecting the debts and securities due to the deceased D.Saraswathi Devi as stated in the schedule.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- E.Narayanan Potty
- Party Age
- 83
- Relation
- H/o
- Party Role
- Plaintiff
- Party Name
- Vishnu Prasad.N
- Party Age
- 37
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Divya N
- Party Age
- 33
- Relation
- D/o
Plaintiffs Documents
Death Certificate of D.Saraswathi Devi, Copy of Legal Heirship Certificate, Bank Passbook of D.Saraswathi Devi, Paper Publication in Kerala Kaumudi Daily
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt Pamila M.S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Vamanapuram V.K. Gopakumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Succession Certificate
Outcome:
Granted
Description:
Issuance of succession certificate in favor of the petitioners and counter petitioner.
Evidence:
Hence from the above discussion, I am of the opinion that a succession certificate can be issued in favour of petitioners and counter petitioner who are the legal heirs of deceased D.Saraswathi Devi.
Documents & Evidence
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Used to establish the death of D.Saraswathi Devi.
Reference:
Ext.A1
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
Proves the legal heirs of the deceased.
Reference:
Ext.A2
Document Type:
Bank Passbook
Submitted By:
Plaintiff
Relevance:
Documents the bank account of the deceased where the money is held.
Reference:
Ext.A3
Document Type:
Paper publication
Submitted By:
Plaintiff
Relevance:
Shows that the petition was published for objections, indicating no objections received.
Reference:
Ext.A4
Case Classification
Case Type
Succession
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between E.Narayanan Potty et al vs Divya N regarding succession certificate
Case Code Year
Case between E.Narayanan Potty et al vs Divya N regarding succession certificate