JUDGMENT

It is stated that the petitioner and her deceased husband, K.E.Xavier, who are Indian citizens had purchased jointly a Flat No.3A (formerly A2), on the 3rd floor of a multi storeyed building known as “Samariyas Centre” under Survey No.2215 of Pattom Madathuvilakam Village in Thiruvananthapuram Taluk under document No.3511/2002 of Pattom Sub-Registry, Thiruvananthapuram. After the death of her husband, the petitioner and her two children, viz., Jose K.Xavier and Seema Antony intended to dispose of that residential flat to contesting respondent No.4, who is an Indian citizen. The petitioner had obtained Legal Heirship Certificate from the Tahsildar, Kanayannur as per Ext.P-1. That the petitioner's daughter Seema Antony was earlier an Indian citizen by birth and is now an American citizen after her marriage and she has executed Ext.P-2 power of attorney dated 06.03.2018 in favour of the petitioner, in order to convey her rights for the said flat. Thereafter, petitioner's daughter Seema Antony had also forwarded Overseas Citizen of India card (OCI card) showing that her place of birth is India. The petitioner and her son Jose K.Xavier will be appearing before the Registrar pers