The definition of 'family' under Section 2(fb) of the Kerala Stamp Act, 1959, is inclusive of all heirs.

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

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

Dated this the 10^th 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 to succeed. The writ petition is allowed. Exts.P2 and P3 are set aside. There will be a direction to the 3^rd respondent to register the original of the partition deed as and when the same is presented on the petitioner complying with all the requirements under the Registration Act and Rules.

Sd/-