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2023 Supreme(Online)(Ker) 53685

IN THE HIGH COURT OF KERALA
C. Jayachandran, J
Muneer v. District Collector Malappuram


Table of Content
1. petitioner status as legal heir. (Para 1)
2. legal objection based on family definition. (Para 2 , 3)

1. The petitioner is one of the legal heirs of one Moosakutty Haji. The petitioner has approached this court being aggrieved by the fact that a partition deed intended to be executed between legal heirs of late Moosakutty Haji is not being accepted for registration on the ground that two of the parties mentioned to the partition deed are stated to be wives of late Moosakutty Haji. It is submitted that when the Personal Law applicable to parties permits the late Moosakutty Haji to have more than one legally wedded wife, it is not proper on the part of the Sub Registrar to refuse registration on the ground referred to above.

2. The learned Government Pleader refers to the counter affidavit filed in this case and submits that the stand taken by the Sub Registrar appears to be correct in the light of the definition of 'family' defined in S.2 (fb) of the Kerala Stam Act, 1959 (the 1959 Act). "Family", in S.2 (fb) of the 1959 Act) means father, mother, grandfather, grandmother, husband, wife, son, adopted son, daughter, adopted daughter, grandchildren, brother and sister.




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