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1998 Supreme(Ker) 455

P.K.BALASUBRAMANYAN
Parukutty Amma – Appellant
Versus
Parukutty Amma – Respondent


Judgment :-

P.K. Balasubramanyan, J.

These Revisions arise from proceedings for issuance of a Succession Certificate regarding the amounts remaining in deposit in the name of deceased Govindan Nair, an Advocate who practiced in Calicut.

Govindan Nair originally married one Sreedevi and through her, had a son Govindankutty Nair. Sreedevi died. Then Govindan Nair married a second time, Kunhilakshmi Amma, the younger sister of Sreedevi. He had children through her. Govindan Nair died on 13.12.1980. Govindankutty Nair, the son of Govindan Nair through his first wife Sreedevi, died on 16.2.1981 and his legal representatives are impleaded in the proceedings. The second wife and children of Govindan Nair filedO.P.68of 1987 before the Subordinate Judge's Court of Kozhikode under S.372 of the Indian Succession Act for the issue of a Succession Certificate. The nephews and nieces of Govindan Nair, being the children of the sister of Govindan Nair, filed O.P. 69 of 1987 claiming the issuance of Succession Certificate in their favour. Both the applications were tried together. There was no dispute that on 9.5.1980 Govindan Nair had duly executed a will. The essential dispute centered around an i








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