BAHULEYAN Vs. DISTRICT REGISTRAR

JUDGEMENT

(1.) THE stamp duty payable on a partition deed executed between the petitioners, is the issue to be resolved in this writ petition.

(2.) THE genealogy show that one Lakshmi had two sons, Balan @ Parameswaran and Kumaran. First petitioner is the son of Balan. Petitioners 2, 3 and 4 are respectively the wife of late Kumaran and two sons Kumaran through the second petitioner.

(3.) LEARNED counsel for the petitioners relied upon the judgments of this Court in Baburaj v. District Registrar (2011 (3) KLT 837) and Lakshmi v. District Registrar General (2011 (4) KLT 959). In Baburaj's case (supra), the facts show that a deed of partition was executed in respect of an immovable property which originally belonged to late Shri Ponnan. He had one son and the document of partition was executed between the children of Pattivelan who was the son of Ponnan, wife of Pattivelan, two children of one Haridas, who is a deceased son of Pattivelan and the sons of Yasoda and Devaki, who are the deceased daughters of Ponnan. After referring to the definition of 'family', this Court has held as follows in paragraphs 7 & 8: