JUDGMENT

[ WP(C)No.16022/2019, WP(C)No.21283/2019 ] The petitioner in W.P.(C)No.16022/2019, K.G.Sheela is the daughter of Gangadharan, who is no more. Gangadharan purchased an undivided share belonging to one C.M.John in a court auction in an execution of a final decree.

2. Gangadharan, during his life time filed a civil suit for the partition of the property, to separately receive his share. Gangadharan died during the pendency of the final decree. The petitioner stepped into the shoes of Gangadharan. The final decree was later passed which was forwarded for registration. Lower stamp duty as is applicable to the family was paid. The case of Sheela is that since the partition was amongst members of the family, lower stamp duty alone is leviable. The Sub-Registrar objected, stating that Sheela is not a member of the family and that she is a total stranger to the family. He stated that merely because she purchased an undivided share of a co-owner, she cannot get the benefit of lower stamp duty. The other members of the family also had filed the W.P.(C)No.21283 of 2019 claiming lower stamp duty. They do not have a case that Sheela belongs to their family.

3. Lower stamp duty under Sched