MANJULA CHELLUR, K.VINOD CHANDRAN
State of Kerala, represented by Secretary, Registration Department – Appellant
Versus
Jose – Respondent
K. Vinod Chandran, J.
1. The definition of "family" given in the Explanation to Serial No.42 of the Schedule to the Kerala Stamp Act, 1959 (hereinafter referred to as "the Stamp Act") as amended by Finance Act, 2011, is again brought up for consideration in the above Writ Appeal filed by the State. Infact this Court had, in an earlier judgment reported in State of Kerala and others v. Manuel [2013 (1) KHC 765 (DB) = 2013 (1) KLT 825], clearly found that the amendment to the definition of "family" would take in any permutation and combination of persons mentioned therein and they would be entitled to have a partition claiming the benefit of lesser stamp duty as is provided in Serial No.42(i) of the Schedule to the Stamp Act.
2. The brief facts to be noticed in the present case is that one Thomas and Varkey were the joint owners of a property having an extent of 2.27 acres comprised in Survey No.810/3 of Kaduthuruthy Village in Kottayam District. It was purchased in their names by their father by virtue of Exhibit P1 sale deed dated 25.03.1964 and since then, they had been jointly enjoying the property. Thomas died, leaving his share of the property to his only son by a be
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