Case Summary
The petitioners, who are the legal heirs of Late Kaipilalil Chacko Mathew, filed for a succession certificate for the amount deposited in an HDFC mutual fund after the deceased died intestate. The court found that the petitioners are the only legal heirs and entitled to the succession certificate.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Succession certificate to the 2nd petitioner to collect Rs. 1,00,000.00/-.
Case Type
Succession
Final Judgment
No
The petition for a succession certificate was allowed, granting the petitioners the right to collect the amount from the HDFC mutual fund.
Why Plaintiff Won:
The petitioners are the only surviving legal heirs of the deceased.
The petitioners are the only surviving legal heirs of the deceased.
Losing Side's Weaknesses:
The petitioners are the only surviving legal heirs of the deceased.
The petitioners are the only surviving legal heirs of the deceased.
Supporting Evidence
Considering the evidence in this case, it transpires that the petitioners are the only surviving legal heirs of late Kaipilalil Chacko Mathew who died intestate and hence the petitioners are entitled to get the succession certificate as prayed for.
Judgment Evidence:
In the result the OP is allowed. The petitioners are entitled to get the succession certificate as prayed for.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jessy Mathew
- Party Age
- 77
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Joyal Jacob Mathew
- Party Age
- 52
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Julie Elizabeth Mathew
- Party Age
- 48
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Jennie Hanna Mathews
- Party Age
- 44
- Relation
- D/o
Plaintiffs Documents
Death Certificate of Kaipilalil Chacko Mathew, Notarised copy legal heirship certificate, Copy of details regarding HDFC Mutual Fund, Statement of Account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. S. Rajasekharan Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. G. Pratheep
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Vishnu Vikraman
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Nila S. Hari
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Athira.U.A
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sadasivan Nair.T.R
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Granting of succession certificate to the petitioners.
Evidence:
The OP is allowed. The petitioners are entitled to get the succession certificate as prayed for.
Documents & Evidence
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Proves the death of Kaipilalil Chacko Mathew.
Reference:
Ext.A1
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
Establishes the legal heirs of the deceased.
Reference:
Ext.A2
Document Type:
Details regarding HDFC Mutual Fund
Submitted By:
Plaintiff
Relevance:
Provides information about the mutual fund account of the deceased.
Reference:
Ext.A3
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Shows the account details of the HDFC Mutual Fund.
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 Jessy Mathew et al vs null regarding succession certificate
Case Code Year
Case between Jessy Mathew et al vs null regarding succession certificate