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2011 Supreme(Ker) 604

THOMAS P.JOSEPH
Veluthedath Parambil Visalakshi – Appellant
Versus
P. P. Prakasan – Respondent


Advocates Appeared:
For the Petitioner:P. Chandrasekhar, Advocate.
For the Respondent:Jamsheed Hafiz, Advocate.

JUDGMENT :-

1. The question raised for a decision in this civil revision filed under Sec.115 of the Code of Civil Procedure (for short, "the Code") is whether in view of the power given to the Family Court to adjudicate dispute of the nature coming under Sec.7(1)(d) of the Family Court Act (for short, "the Act") power of the District Judge (or other Court to which that power is delegated) to grant succession certificate under Sec.371 of the Indian Succession Act, 1925 (for short, "the Succession Act") is taken away.

2. On the death of one Balan, one of his sons moved a petition before learned Sub Judge, Tirur under Sec.371 of the Succession Act for the grant of a Succession Certificate regarding a sum of `.9,00,000/- in deposit with the third respondent, a co-operative bank. Since petitioner was shown as a nominee in the deposit receipt, she was impleaded as a party in the original petition. Petitioner claimed to be the legally wedded wife of the said Balan (which is not admitted by respondents 1 and 2, sons of the said Balan) and contended that learned Sub Judge has no jurisdiction to entertain the petition for grant of succession certificate since her status as legally wedded wi
















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