Petitioner is one of the co-sharers of the immovable property having an extent of 8 cents in Survey Nos.92/5 and 92/6 of Muringoor Vadakkummuri Village. Petitioner and other co-owner's children mutually agreed to construct a shop building and let out rooms for rent. This was reduced to an agreement. In the agreement, all the parties agreed to share the construction cost equally and to partition the property after completion of the building and execute a partition deed thereafter. Petitioner presented Ext.P1 for registration. Petitioner was told that this would come within the ambit of Schedule 5(c) of the Kerala Stamp Act. Ext.P2 is the communication. Challenging Ext.P2, this Writ Petition is filed. Petitioner's case is that Ext.P1 is only an agreement and would not attract Schedule 5(c) of the Kerala Stamp Act. Schedule 5(c) reads as follows:
Agreement or memorandum of an agreement:
W.P(C).No.32665 of 2014G 2
2. Petitioner entered into an agreement with the children of other co-sharers. It give authority to others to develop or construct building in the immovable property. This is not a mere agreement between the co-owners. This is an agreement of the co- sharer with the children of the other co-sharers.
3. In view of the nature of the agreement, I am of the view this would attract Schedule 5(c) of the Kerala Stamp Act as rightly pointed out by the Sub Registrar in Ext.P2. In view of the above, there is no merit in the Writ Petition. Accordingly, it is dismissed.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/19/12/14