PRADEEP BHARATHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is a co-owner in respect of property in re-survey numbers.190/5-8 and 190/4-10 of Eranellur Village, Kunnamkulam Taluk in Thrissur district. The extent of property is 4.78 Ares, which originally belonged to the father of the petitioner one Bharathan and another person, by name Nasar, by virtue of registered sale deed bearing No.1862/2013 of Sub Registrar Office, Mundur. The petitioner's father gifted his undivided one-half share in the subject property in favour of the petitioner by virtue of a registered gift deed bearing No.1997/1/2024 of the Sub Registrar Office, Mundur. The petitioner and the co-owner of the property wanted to partition the same by metes and bounds. Therefore, they executed Ext.P4 partition deed on stamp paper having a value of Rs.7,20,000.00 on 4/10/2025. The total value of the property is shown as Rs.2,40,00,000.00.

(2.) In respect of item No.1 schedule property, market value has been calculated as Rs.1,20,00,000.00 and the same is allotted to the petitioner and the item No.2 schedule property has been allotted in favour of the co-owner, and the market value is calculated as Rs.1,20,00,000.00. When the document was produced before the 3rd respondent for registration, he refused to register the same on the ground that the right of the petitioner is a created co-ownership of the property and he is directed to pay 8% of the stamp duty of Rs.7,20,000.00 and also 2% registration fees for the amount. The petitioner challenges the said intimation, Ext.P6 dtd. 6/10/2025, in this writ petition.

(3.) A statement is filed by the 3rd respondent, wherein it is stated that while scrutinizing the document, it was found that there does not exist co-ownership in the said property for the reason that one of the joint owners subsequently transferred his right to his son by virtue of a Gift deed. For getting partition, the pre-existence of joint ownership is a basic requirement, but by a subsequent transaction one of the parties, namely Sri.Bharathan, had lost the same.