KORAH Vs. RACHEL ZACHARIA

JUDGEMENT

(1.) Respondents 3 to 8 in the writ petition have come up with this review petition. Parties are referred to in this order as they appear in the writ petition.

(2.) Heard the learned Senior Counsel for the review petitioners, the learned counsel for the writ petitioner as also the learned Government Pleader.

(3.) The matter arises under the Transfer of Registry Rules, 1966 (the Rules). The facts relevant for the disposal of the Review Petition are the following: An item of property was obtained by the petitioner along with her parents, siblings and one of her sisters-in-law. Respondents 3 to 5 are the siblings of the petitioner and the sixth respondent is her sister-in-law who obtained the property along with her. The father of the petitioner died in the year 2003 and her mother died in the year 2011. After the death of the parents of the petitioner, she came to know that mutation of the property has been changed in the village records in favour of respondents 7 and 8 also who are the remaining sisters-in-law of the petitioner, on the basis of a joint Will alleged to have been executed by her parents. Ext. P5 is the copy of the Thandaper Account containing the entries in favour of respondents 7 and 8. According to the petitioner, her parents have not executed any Will and as such, their rights over the property devolved on her and her siblings on their death. The petitioner, therefore, instituted a suit for partition of her rights over the property and the same is pending. She also preferred representations before the Revenue officials to cancel the transfer of registry effected in favour of respondents 7 and 8. The writ petition was filed thereafter, alleging that the requests made by her before the Revenue officials are not being considered by them. The writ petition was disposed of at the admission stage itself directing the additional ninth respondent, who is the competent authority under the Rules to deal with appeals against transfer of registries, to treat Ext. P7 representation preferred by the petitioner before him for cancellation of the transfer of registry in favour of respondents 7 and 8 as an appeal under Rule 18 (i) of the Rules and dispose of the same with notice to all concerned. Respondents 3 to 8 are aggrieved by the said direction.