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2024 Supreme(Ker) 232

VIJU ABRAHAM
Santhosh Jacob S/o Late Jacob – Appellant
Versus
Tahsildar, Muvattupuzha Taluk – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Jobi A. Thampi, Binny A. Thomas, Shoukath Husain, Sreeram P.
For the Respondent: Deepa Narayanan.

JUDGMENT :

VIJU ABRAHAM, J.

1. The above writ petition is filed challenging Ext.P5 and for a consequential direction to the 2nd respondent to consider and pass orders on the application for transfer of registry submitted by the petitioner. Petitioner is the absolute owner in possession of property admeasuring 20.64 Ares obtained as per Ext.P1 sale deed. The property originally belonged to one V.C. John who obtained the same as per Ext.P2 settlement deed. The said V.C. John and his wife executed Ext.P3 Will bequeathing their properties in favour of children. As per the terms of Ext.P3 Will, the subject property was bequeathed in favour of the 4th respondent. The said V.C. John expired on 21.08.2017. Thereafter, the subject property devolved upon the 4th respondent and later the same was transferred to the petitioner by way of Ext.P1 sale deed. Since Ext.P3 is a joint Will executed by V.C. John and 3rd respondent, 3rd respondent is also made a party to Ext.P1 sale deed. Later application for transfer of registry was submitted and Ext.P5 communication was sent by the 2nd respondent intimating that the transfer of registry cannot be effected since one of the testators of Ext.P3 Will is s

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