T.R. Ramachandran Nair, J.

1. The true stamp duty payable on a partition deed claimed to be executed by the family members, is the issue raised in this writ petition. The executants are the petitioners herein. The first petitioner is the mother of late Shri Mohamed Asharaf and fourth petitioner is his widow. Petitioners 2 and 3 are the children of deceased Asharaf and the fourth petitioner. Thus, the first petitioner is the grant mother of petitioners 2 and 3. It is pointed out that the deceased died intestate and all the petitioners alone are the legal heirs. The copy of the partition deed is produced as Ext.P1. The said partition deed was registered by the Sub Registrar, but was impounded after collecting 2% of the market value of the property and on a representation by the petitioners, it was informed by the third respondent that only the fee prescribed under Schedule 42(i) is liable to be remitted for a partition deed. The petitioners claimed refund of the amount collected, by pointing out that only Rs.1,000/-be paid as stamp duty and the registration fee is only 1%. In reply, the District Registrar informed them by Ext.P5 that the executants of the partition deed will