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2025 Supreme(Online)(Ker) 21124

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.RAVI, J
P.P.DAMODHARAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.MADHU, SRI.VRINDA T.S., SRI.AISWARYA JAYAPAL, SRI.C.R.SARADAMANI, SRI.RENJISH S. MENON
For the Respondents: SMT. DEEPA NARAYANAN. SR. GP.

T.R.RAVI.J -------------------------------------------------------

WP(C) No.21571 of 2023 --------------------------------------------------------

Dated this the 10th day of February, 2025 JUDGMENT The registration of Ext.P1 partition deed executed among the legal heirs of late Vayalil Raman and P.P.Manikkam has been refused stating that all the members who have been included in the partition deed do not come within the definition of ‘family’ contained in Section 2 (fb) of the Kerala Stamp Act, 1959 .

2. The objection is regarding the inclusion of great grand children. This Court has in Janu K.K vs. Sub Registrar, Kadirur and Another [ 2015 (1) KHC 315 ] held that merely for the reason that great grand children of original owner of the property are also parties to the document, it cannot be contended that the document would not come within the scope of Article 42 of the Schedule and that the definition of the word ‘family’ contained in Section 2 (fb) of the Kerala Stamp Act, 1959 . is an inclusive definition which includes all parties who are co-owners and are successors-in-interest of the owner of the property.

3. In view of the categorical pronouncement, the petitioner is entitled

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