MOHANAN Vs. SUB REGISTRAR OFFICE

JUDGEMENT

(1.) The petitioner is one of the co-owners of the property held jointly by the legal heirs and successors in interest of late Sri.Vallon and his wife, Kurumba. The property originally belonged to Erannoor Mana. Vallon held the property as 'verum pattamdar' under Erannoor Mana (illom). The right, title, and interest of the landlords, namely Erannoor Mana (illom) was later assigned in favour of the legal heirs and successors in interest of the original 'pattamdhar', namely, Vallon by virtue of the purchase certificate issued by the Special Tahsildar, Thrissur dated 24.5.2013. Ext.P1 is the purchase certificate.

(2.) Vallon married Kurumba. Two children were born out of the said wedlock namely, Kurumba and Thalary. Kurumba got married to Puthenchira Velayudhan and Thalary got married to Koran. Kurumba and Velayudhan had six children, namely Mohanan, Prasad, Sarada, Lalitha, Padmini, and Rajitha. Thalary and Koran had one son namely, Velayudhan. Velayudhan married Vally. They had two children, namely, Pratheesh and Pratheeja.

(3.) Vallon and his wife Kurumba died intestate. Similarly, Kurumba, Velayudhan and Thalary died intestate leaving behind their wife, children, and grandchildren to succeed to the estate left behind by their great grandfather. Since the properties were held in common by the parties, who are the co-owners, they decided to effect partition of the extent covered by Ext.P1 purchase certificate. Accordingly, a deed of partition was prepared in a stamp paper, worth Rs.1,000/- as provided under Sl. No. 42(a) of the Schedule attached to the Kerala Stamp Act, 1959 which prescribes the payment of the stamp duty to the tune of Rs.1,000/-. According to the petitioner, the partition is among the members of the family and legal heirs of the deceased family members. Ext.P2 is the partition deed dated 19.1.2021. The petitioner in this writ petition is one of the parties in the above partition deed. The petitioner produced a family tree along with the writ petition as Ext.P3, which is extracted hereunder :