LUKE ANTONY Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed challenging Ext. P4 order passed by the District Registrar, Kottayam. A release deed was executed on 28.4.2014 in favour of the petitioner by brothers of the petitioner, brother of petitioner's father and the legal heirs of the deceased brother of the petitioner's father. Admittedly the property originally belongs to C.L. John. The present co-owners of the property in question are having derivative interest from C.L. John. The present co-owners are children and children of predeceased sons of C.L. John. According to them, they need to pay only stamp duty of Rs. 1000/- based on Article 48(a) schedule to the Kerala Stamp Act which reads as follows:

(2.) The District Registrar impounded the document on the ground that persons will not come within the ambit of family defined under Schedule 48(a) as amended in the year 2012. In fact, a similar issue has been decided by this Court in State of Kerala v. Jose, 2013 3 KerLT 412 in respect of the partition under Sl. No. 42 of schedule. This Court held that when one brother dies and his legal heir stands in the shoes of the deceased and it can be said that a partition effected is between a legal heir of a brother and his uncle would come under the ambit of petitioner's family. This Court took the view combination of the persons and permutation of the persons mentioned in Sl. No. 42 would attract definition of family. Thus holding that party is entitled for concession of stamp duty payable. I am of the view in the light of the decision of the Division Bench in Jose's case, the issue is covered in favour of the petitioner. The same dictum would apply for Sl. No. 48(a) in regard to release deed as well. Accordingly, Ext. P4 is set aside. There shall be a direction to the respondents to release the document to the petitioner within a period of ten days. If any excess registration fee collected from the petitioner, the same shall be refunded to the petitioner within a period of six weeks.