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2012 Supreme(Ker) 992

MANJULA CHELLUR, A.M.SHAFFIQUE
DISTRICT REGISTRAR – Appellant
Versus
BAHULEYAN – Respondent


Advocates Appeared:
For the Appellant : Abraham Markos

JUDGMENT :

Manjula Chellur, J.

1. State has come up in this appeal aggrieved by the judgment of learned Single Judge. Respondents-writ petitioners claim to be joint owners of a property measuring 2 acres 84 2/3 cents of land in re-survey No. 373 of Thalikkulam Village. It is not in dispute, the property originally belonged to Smt. Lakshmi, who executed a Will, a registered document as per Exhibit P1. As per her last will and testament, the property should devolve upon her grandson Bahuleyan and one late Kumaran, another son. According to the writ petitioners before the learned Single Judge, by virtue of serial number 42 of the Finance Act, 2011, whereby certain amendments came to be made as serial number 42(i) and the Explanation thereto would cover all the writ petitioners by expanding the definition of 'family'. According to the writ petitioners, what is required is, partition should be among all or some of the family members. Therefore, Explanation of the word 'family' will include grandchildren and legal heirs of present petitioners. First petitioner Bahuleyan is the grand son of late Laxshmi and petitioners 2, 3 and 4 were the legal heirs of deceased son Kumaran, therefore, peti













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