ANUSHYA Vs. DISTRICT REGISTRATION AUTHORITY

JUDGEMENT

(1.) This writ petition has been filed directing the 2nd respondent to register the pending Doc.No.P61/2015 which was presented on 11/5/2015 and return the same to the petitioner.

(2.) It is the case of the writ petitioner that the property originally owned by one Muniammal. The petitioner and her deceased sister Logambal are the daughters of the said Muniammal. The petitioner and her sister Logambal were allotted 24 cents each vide registered partition deed dtd. 31/3/1986 vide Doc.No.518/1986. The property was allotted to the petitioner and the deceased Logambal jointly and they were in joint possession and enjoyment of the same. The said Logambal died on on 29/6/2008, leaving behind her legal heirs/children namely Geeva and daughter Geetha. The property remained as a joint family property until her death, after her death, the legal heirs of the Logambal decided to settle the share of 24 cents in favour of the petitioner. As a result, the partition deed was presented before the Sub Registrar Office, Arcot on 11/5/2015. Subsequently, the second respondent has sent a letter dtd. 7/7/2015 in Na.Ka.No.2529/A1/2015 and it was intimated that the joint family fund allotted to the legal heirs of the deceased Logambal as A Schedule in the partition deed is treated as partition and immovable property which is allotted to the petitioner as B Schedule to be treated as settlement to non family members under Article 58 (ii) of Schedule I to the Indian Stamp Act and Rules.

(3.) The petitioner was directed to pay a sum of Rs.4,49,976.00 apart from the fees of Rs.25,000.00 as a stamp duty and the document is kept pending in Doc.No.P61/2105. Hence, it is the contention of the writ petitioner that the partition deed has been registered as per Sec. 15 (c) of Tamil Nadu Stamp Act, 1899 and only a minimum fee of Rs.25,000.00 ought to have been collected by the respondent. Hence, seeks a direction to register the impounded document.