ALEYAMMA CHACKO Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the wife of one late Chacko P. C., who is concerned with the property of her deceased son Varghese Jacob. Varghese Jacob was married without issues and the widow left behind is the 9th respondent. The father of Varghese Jacob is no longer alive. The other legal heirs left behind by Varghese Jacob are two brothers [respondents 5 and 6] and two sisters [respondents 7 and 8]. The mother and sisters of the deceased along with his widow and the brothers executed a deed at Exhibit P1, assigning the entire rights to the brothers - respondents 5 and 6. When the document was presented for registration with a stamp duty paid of Rs.1,000.00, it was registered and the document impounded for insufficient stamp and referred to the District Registrar. The District Registrar, by Exhibit P2, found that the executants would have to pay stamp duty to the extent of Rs.2,14,200.00, since the sisters and brothers of the deceased cannot be considered to be legal heirs.

(2.) The short question to be decided is, whether sisters and brothers are the legal heirs of the deceased. S.33(b) of the Indian Succession Act, 1925 speaks of succession in the case of an intestate who has left a widow without any lineal descendants, but has also left persons who are kindred to him. In such case, one - half of the property shall belong to the widow and the other half to those who are kindred to him in the order and according to the rules therein contained. S.43 speaks of the succession when the intestate's father is no more, but having left behind the mother, brothers and sisters living, which is extracted hereunder:

(3.) In the above circumstances, it has to be found that the brothers and sisters are also the legal heirs of the deceased. Exhibit P2 will stand set aside. The stamp duty paid, of Rs.1,000.00 [Rupees one thousand], is in accordance with law. Since the registration has been carried out, the document impounded has to be released and the registration regularised. The registered document shall be released to the petitioner within a period of one month from today.