JUDGMENT :

A release deed executed among the members of a family was presented before the Sub Registrar, Mattancherry. The Sub Registrar refused to register the deed holding that the stamp duty paid was deficient. It was opined that except petitioners 1 and 5 the rest of the parties to the deed would not come within the purview of the term ‘family’ as defined under Section 2(b) of the Stamp Act, 1959 and that the fee to be paid was to be paid in accordance with Article 48(c) insofar as the release deed operates with respect to the petitioners 2 to 4. The petitioners were directed to represent the deed after remitting the requisite stamp and registration fee and by producing the Legal heirship Certificate, Possession Certificate and also the original of the title deed.

2. Sri.G.Krishna Kumar, the learned counsel submitted that the petitioners 1 and 5 are the children of late Sri.K.V.Augustine and Treesa. He would refer to the relationship certificate produced as Ext.P3 and he would contend that late Sri.K.V.Augustine had 7 children namely, Alice, Mary Johny, Celine, Juliet, Antony, Franklin and Henry. Juliet, Antony, Franklin and Henry are no more. The 2nd petitioner herein, Sri.Thoma