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2011 Supreme(Online)(KER) 18443

HIGH COURT OF KERALA
K.T.SANKARAN, J
MANICHERRY SASEENDRAN – Appellant
Versus
P.V.LEELA – Respondent


Advocates:
SRI.T.A.RAMADASAN, SRI.A.MOHAMED MUSTAQUE

O R D E R

The questions involved in this Revision are the following:

a) Whether the Court could dismiss the Original Petition for the issue of succession certificate on the ground that complicated questions of fact are involved?

b) Whether the Court could refuse to entertain the Original Petition for the issue of succession certificate on the ground that the petitioner is claiming under a Will?

c) Whether gratuity payable to the deceased is a debt in respect of which a succession certificate can be issued?

d) Whether the courts below were justified in dismissing the Succession O.P. on the ground that the petitioner claims to issue the succession certificate in respect of only part of the estate of the deceased.

2. Chandramathi, the next friend of the first respondent and sister of respondents 3 and 8 died a spinster. The petitioner alleged that Chandramathi borrowed a sum of `45,000/- from him for the construction of a house. Chandramathi was a staff nurse working in the Government Hospital, Nadapuram. She was residing in a rented house with her close friend, the first respondent. Chandramathi died in harness. The petitioner alleged that Chandramathi executed a Will bequeathing her prop

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