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2014 Supreme(Ker) 733

P.B.SURESH KUMAR
K. K. JANU – Appellant
Versus
SUB REGISTRAR, SUB REGISTRAR'S OFFICE, KADIRUR – Respondent


Advocates Appeared:
BY ADVS.SRI.B.KRISHNAN, SRI.R.PARTHASARATHY, SRI.RAJESH V.NAIR
BY GOVERNMENT PLEADER SRI T R RAJESH

JUDGMENT

Petitioner along with seven others executed Ext.P1 partition deed in respect of the property held by her father, Govindan. According to the petitioner, on the death of Govindan and his wife Panchali, the mother of the petitioner, the property covered by the document devolved on the parties to the document by virtue of the provisions of a registered will executed by deceased Govindan. The parties to the document are the petitioner, her children, the daughter of the deceased sister of the petitioner and her children. The document recites the aforesaid devolution of property on the executants. Since the document was executed among the family members, stamp duty was paid for the document under Article 42(i) of the Schedule to the Kerala Stamp Act ('the Act', for short). The Sub Registrar entertained a doubt as to the correctness of the stamp duty paid on the document and consequently, impounded the document, invoking his powers under Section 33(1) of the Act. Thereupon, the document was forwarded to the second respondent, the District Registrar. The District Registrar, in exercise of his powers under Section 39 of the Act, issued Ext.P2 order directing the petitioner to pay sta









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