KOSHY MATHEW Vs. TAHSILDAR

JUDGEMENT

(1.) THE petitioner is seeking for a direction to the respondents to effect mutation of the property covered by Ext.P1 Will. After the petitioner filed an application, a notice was issued to him as per Ext.P7 stating that going by the provisions of the Will, certain conditions have been imposed for payment of amounts to the sisters of the petitioner and the petitioner should therefore produce consent letters from those sisters.

(2.) IT is pointed out by the petitioner in the writ petition that the testator namely, Sri.A.M.Koshy died on 23.11.1999 and in the Will executed as per Ext.P1, the stipulation was for payment of amounts to his four daughters namely, Rs.Rs.5,000/- to his eldest daughter Leelamma Koshy, Rs.20,000/- to the 2nd daughter Saramma Koshy, Rs.20,000/- to the 3rd daughter Chechamma Koshy and an amount of Rs.5,000/- to the youngest daughter Elsamma Koshy. According to the petitioner, Exts.P2 and P3 receipts will show that payments have been effected to Leelamma Koshy and Elsamma Koshy. In respect of two other sisters, it is submitted that as they were away from the country, the petitioner could not make the payment.

(3.) LEARNED counsel for the petitioner also prays that by accepting the originals of the receipts produced as Exts.P2 and P3 and also the Fixed Deposit receipts to be produced, further action may be taken to effect mutation. The proceedings as above will be finalized within a period of one month. The petitioner will produce a copy of the writ petition along with a certified copy of this judgment for compliance. The notice Ext.P7 will stand modified in the light of the above direction.