Research › Search › Judgment

Kerala High Court · body

2019 DIGILAW 608 (KER)

Thambayiama E. V W/o v. M. Narayanan Nair VS Sub Registrar, Sub. Registrar Office, Hosdurg, Kasaragod District

2019-07-29

A.MUHAMED MUSTAQUE

body2019
JUDGMENT : 1. The petitioner executed a gift deed in favour of her children in respect of property comprised in Survey No.356/1 of Ajanur Village, Hosdurg Taluk. 2. The Registering Authority refused to register the document stating that there were no prior title deeds. 3. The petitioner refers to Ext.P3 possession certificate. This would show that the petitioner is in possession of the land. The property appears to have been originally in the possession of grandmother of the petitioner namely Akku Amma. The petitioner submits that on demise of Akku Amma, the property was devolved upon her only child Parvathy Amma, petitioner's mother. It is seen that the basic tax was paid in the name of Akku Amma. In such circumstances, there is no impediment in law in executing gift deed, transferring interest, acquired based on the possession. However, the petitioner has to show that she is the only legal heir. On being satisfied that the petitioner is the legal heir, the Sub Registrar shall act upon the request of the petitioner to register the gift deed. Ordered accordingly. The writ petition is disposed of as above.