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2016 Supreme(Ker) 22

A. PARVATHI AMMA – Appellant
Versus
K. M. GOWRI AMMA – Respondent


Advocates:
Advocate Appeared:
SRI.R.SURENDRAN
SRI.V.N.RAMESAN NAMBISAN, SRI.T.R.RAVI, SC, NORTH MALABAR GRAMIN BANK, SRI.T.SETHUMADHAVAN (SR.), SRI. JAYESH MOHAN KUMAR, SC, STATE BANK OF TRAVANCORE

ORDER

Does the notification issued under Section 388 of the Indian Succession Act empower the munsiff to entertain an application under Section 372, the valuation of which exceeds the pecuniary jurisdiction conferred on him under Section 13 of the Kerala Civil Courts Act?

2. Respondents 1 to 5 are the children of one K.M.Parvathy Amma. They had a brother by name Narayanan, who while working as a sub engineer in Kerala State Electricity Board, died in a motor accident on 24.02.1998. He was survived by his wife, Vasanthakumari and daughter, Chitra. Later, his mother, K.M.Parvathy Amma, died. His wife, Vasanthakumari and daughter, Chitra died on 27.04.2009. The petitioner is his mother-in-law. In O.P(MV) No.932 of 1998 of Motor Accident Claims Tribunal a certain amount was awarded as compensation for his death. An amount of Rs.1,76,029/- has been deposited in the Tribunal towards compensation. Certain amounts have been deposited with the 6th and 7th respondent banks in the names of Vasanthakumari and Chitra. Respondents 1 to 5 filed a petition under Section 372 of the Indian Succession Act for a succession certificate in the court of munsiff. The total amount in respect of which the ce






























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