SULOCHANA Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner has approached this Court seeking a direction to the 4th respondent to allow Sudheesh (Prisoner No.5578 at Viyyur Central Jail) to execute Exhibit P3 document in the presence of the 4th respondent and endorsing the same in Exhibit P3 document with a consequential direction to the 3rd respondent to register Exhibit P3 document after its execution by Sudheesh as per Sec. 38(2) of the Registration Act 1908 (hereinafter referred to as Act 1908).

(2.) Petitioner is the wife of one Sudheesh who is undergoing sentence in SC No.253/2015 on the file of the Special Judge, Thrissur, as prisoner No.5578 at Viyyur Central Jail. The petitioner along with her husband Sudheesh is having 1.82 ares of property comprised in Survey No.460/4-3 of Nedumpura Village, Talappilly Taluk, Thrissur District, and a house therein obtained as per Ext.P2 document registered at Sub Registrar Office, Wadakkanchery.

(3.) Petitioner's husband Sudheesh intends to relinquish his share in the abovementioned property in favour of the petitioner by executing a relinquishment deed to enable the petitioner to avail the benefit of a housing scheme proclaimed by the Government. Thereupon, the petitioner had prepared Ext.P3 relinquishment deed by engrossing the same in the stamp paper for getting it executed by Sudheesh (Prisoner No.5578 of Viyyur Central Jail). Thereafter, the petitioner approached the