Co-owners of property, including those acquiring shares through inheritance, hold the legal right to partition, which must be recognized under relevant stamp duties.

JUDGMENT

Dated this the 25^th day of February, 2026 Sri.Kaithakattil Sulaiman was the owner of a property having an extent of 14.16 Ares in Re.Sy No.52/8A, Block No.48 of Erattupetta Village, obtained by him as D schedule property in partition deed No.445/1963 dated 14.02.1963 of Poonjar SRO. The mutation was effected and he was paying basic tax for the same. The aforesaid Sri.Kaithakattil Sulaiman died intestate. The property thereafter devolved up on his wife Suhara Kasim and his children Anas K S, Regi Kasim and Navas K S. The wife is no more. Thus, the children Anas K S, Regi Kasim and Navas K S being the sole legal heirs, one of his sons, Navas executed a sale deed No.254/1/2024 dated 17.02.2024 of Erattupetta SRO conveying his 2/5 share in his property in favour of the 2^nd petitioner. Ext.P3 is the sale deed. Thus, the 2^nd petitioner became the co-owner of the property having 2/5 share of the property. Subsequently, a partition was effected among the petitioners and the sister of the 1^st petitioner as per partition dated 29.11.2025. When the same was presented for registration before 7^th respondent on 29.11.2025, the 7^th respondent refused to register the document. The 7^th respondent has issued Ext.P5 communication stating that the stamp duty has to be paid as if it is a sale deed and if the same is remitted, registration could be done. Therefore, the petitioner challenges Ext.P5 in this writ petition and seeks for a writ of mandamus directing the 7^th respondent to register Ext.P4 partition deed without insisting payment of stamp duty payable for a deed of conveyance but instead, to treat the document as a partition deed for which stamp duty is payable under Article 42(a) of the Kerala Stamp Act , 1959.

2. Petitioners rely on Ext.P6 judgment of this Court in W.P.(C) No.

16256 of 2024 dated 04.07.2024 wherein a direction was issued to the Sub Registrar to issue the same as a partition deed in similar circumstances. Reliance is also placed on a decision of this Court in Pradeep Bharathan K v. State of Kerala [2026 (2) KHC 73].

Having heard the learned counsel for the petitioners as well as the learned Government Pleader and taking note of the fact that the 2^nd petitioner being a purchaser of 2/5 share of the property of Sri.Navas, who was one of the legal heirs of Sri.Kaithakattil Sulaiman, becomes the co-owner of the property. Once he becomes a co-owner, he is entitled for partition. The 7^th respondent relies on a circular issued by the Land Revenue Commissioner dated 21.04.2022 to reject the registration as if it is a partition deed. If a stranger or any legal heir obtains share in the property either by gift or by any other conveyance, he becomes a co-owner to the property. Once, he becomes a co-owner, he is entitled to partition by metes and bounds. The reasoning stated in Ext.P5 cannot be sustained in law in view of the decision of this Court in W.P.(C) No. 16256 of 2024 and in Pradeep Bharathan K (supra). Hence, Ext.P5 is quashed. The 7^th respondent is directed to register Ext.P4 partition deed by collecting stamp under Article 42(b) of the Kerala Stamp Act , as if it is a deed of partition. This shall be done within a period of six weeks from the date of receipt of a certified copy of the judgment.

Sd/-