Are you looking for a legal research tool ?
Get Started
Do check other products like LIBIL, a legal due diligence tool to get a litigation check report and Case Management tool to monitor and collaborate on cases.

P. S. Mariam Beevi v. Kerala State Housing Board And Ors

P. S. Mariam Beevi v. Kerala State Housing Board And Ors

(High Court Of Kerala)

WP(C) NO. 22634 OF 2023 | 02-08-2023

P.V. Kunhikrishnan, J.

1. The above writ petition is filed with following prayers:

"(i) Declare that the petitioner is absolute owner and is entitled get the sale deed of Flat No. BF6/19, First Floor, Kaloor HAS, Vasanth Nagar, Palarivattom P.O., Pin-682 025 executed and registered in the name of the petitioner on the basis of Ext.P5 registered Will deed No. 6/1994 dated 21-03-1994 of Trikkakara SRO

(ii) Issue a writ of mandamus and/or other appropriate writ, direction or order, directing/commanding the 1st respondent to register/transfer the ownership of Flat No. BF6/19, First Floor, Kaloor HAS, Vasanth Nagar, Palarivattom P.O., Pin-682 025, to the name of the petitioner.

(iii) Issue such other appropriate writs, order or direction which this Hon'ble Court may deem fit and proper in the interest of justice." (sic)

2. The 1st respondent had framed a housing scheme namely 'Kaloor Housing Accommodation Scheme (Kaloor HAS) and for that purpose acquired land and constructed residential flats therein. The 1st respondent had provisionally allotted a flat under the scheme to one K.N.Janardanan Nair, S/o. Narayana Kaimal, retired KSEB employee, Krishnathulasi, Thottakkattukara, Aluva, Ernakulum district. The flat allotted was Flat No. BF6/19 in First floor of Kaloor HAS, Vasanth Nagar, Palarivattom. A provisional allotment letter was issued by the Regional Engineer of the Office of the 1st respondent to K.N.Jananrdanan Nair as evident by Ext.P1. In pursuance of Ext.P1 provisional allotment letter, Ext.P2 agreement dated 10.07.1990 was executed between the 1st respondent and the said K.N.Janardanan Nair. Thereafter, Mr.Janardanan Nair entered into an agreement dated 21.03.1994 with the petitioner herein and her husband Mr.P.M.Aboobacker for transferring the ownership of said flat to their names or to the name of the person or persons nominated by them. Ext.P3 is the agreement dated 21.03.1994. It is the case of the petitioner that Adv.Jayakumar, the son of the said K.N. Janardanan Nair and Smt. B.Saradamma, wife of the said Janardanan Nair are the witnesses in Ext.P3 agreement. It is also the case of the petitioner that on the same date, the said K.N.Janardanan Nair had executed a registered Power of Attorney bearing No. 48/IV/1994 of Trikkakara SRO in favour of P.M.Aboobacker, the husband of the petitioner and also a Will bearing No. 6/III/1994 of Trikkakara SRO bequeathing the said flat in favour of the petitioner. Ext.P4 is the Power of Attorney and Ext.P5 is the Will. It is stated in the writ petition that as per the terms and conditions of Ext.P3 agreement, the said Janardanan Nair handed over possession of the said flat to the petitioner and her husband on the date of the said agreement after receiving an amount of Rs. 1,25,000/-. It is also the case of the petitioner that she and her husband agreed to pay a future 113 instalments of Rs. 1,298/-each amounting to Rs. 1,46,674/-to the 1st respondent and to pay any additional amount becoming due after the month of February 1994. Therefore, it is submitted that from 21.03.1994 onwards, the petitioner and her husband are in possession and enjoyment of the said flat.

3. The aforementioned K.N.Janardanan died on 18.09.2005 at Krishnathulasi, Thottakkattukara, Aluva, Ernakulam as evident by Ext.P6. It is the case of the petitioner that on the death of K.N.Janardanan, Ext.P5 Will dated 21.03.1994 came into effect and all the rights in respect of the said flat devolved on the petitioner. It is also the case of the petitioner that she has paid the entire hire purchase instalment to the 1st respondent. Subsequently as per Ext.P7, the 1st respondent required to pay an amount of Rs. 23,466/-so as to get the sale deed executed. In compliance with Ext.P7 letter, the petitioner paid the said amount of Rs. 23,480/-as evident by Ext.P8, is the submission. Thereafter, the 2nd respondent Executive Engineer of the 1st respondent directed the husband of the petitioner Mr.P.M.Aboobacker as per Ext.P9 letter to pay an amount of Rs. 89,415/-as final price difference of the said flat and to get the sale deed executed in his favour. The husband of the petitioner paid the said amount also as evident by Ext.P10.

4. After making all the payments as required by the 1st and 2nd respondents, the petitioner requested the 1st respondent to register the sale deed in respect of the said flat in the name of the petitioner on the basis of Ext.P5 Will. Ext.P11 is the letter given by the petitioner before the Executive Engineer of the 1st respondent. As suggested by the 2nd respondent, it is submitted that the petitioner produced Ext.P12 consent letter executed by Jayakumar K., son of deceased K.N.Janardanan Nair. It is also submitted that the 2nd respondent thereafter issued Ext.P13 directing the petitioner to produce the legal heirship certificate of K.N.Janardanan Nair and also to file a succession suit. Petitioner submitted that, in the light of Ext.P5 registered Will, the requirements made by the 2nd respondent in Ext.P13 letter for production of legal heirship certificate of K.N.Janardanan Nair and for filing succession suit are unwarranted. It is the specific case of the petitioner that, succession suit is required in the case of intestate succession only. It is further contended that, obtaining of probate or letters of administration is not necessary for the petitioner, as she is in uninterrupted possession and enjoyment of the flat involved in the case from 21.03.1994 onwards. It is also stated that the petitioner and her husband have paid the entire amount due to the 1st and 2nd respondents. Hence this writ petition is filed for issuing a direction to the 1st respondent to register and transfer the ownership of Flat No. BF6/19, First Floor, Kaloor HAS, Vasanth Nagar, Palarivattom P.O., Pin-682025 in the name of the petitioner. There is also a prayer to declare that the petitioner is the absolute owner of the above Flat.

5. Heard the learned counsel appearing for the petitioner and the learned Standing counsel appearing for the respondents.

6. Counsel appearing for the petitioner reiterated the contentions raised in this writ petition. The Standing counsel appearing for the respondents takes me through the counter affidavit and submitted that, there is no contract between the petitioner and the respondents and therefore the respondents are not bound to register the flat in the name of the petitioner without getting the documents mentioned in Ext.P13.

7. It is an admitted fact that the original allottee of the flat namely K.N.Janardanan Nair died on 18.09.2005 as evident by Ext.P6. A perusal of Ext.P5 Will would show that the flat in question was bequeathed in favour of the petitioner. A perusal of Ext.P9 would show that it is a letter issued by the 2nd respondent to the husband of the petitioner to pay an amount of Rs. 89415/-(Rupees Eighty Nine thousand four hundred and fifteen only). That itself shows that the respondents are acknowledging the husband of the petitioner as the owner of the property. A perusal of Ext.P10 would show that the amount covered by Ext.P9 was paid by the husband of the petitioner, Mr.P.M.Aboobacker. Ext.P9 is dated June, 2013. From that date onwards, it is clear that the respondents also recognize that the petitioner and her husband are in possession of the flat. Ext.P12 is the consent letter dated 05.10.2015 executed by Mr. Jayakumar who is the son of the deceased K.N.Janardanan Nair and in the consent letter it is stated like this:

"This content is in vernacular language. Kindly email us at info@legitquest.com for this content."

8. In the light of Ext.P9, by which the respondents themselves recognized the husband of the petitioner as the owner of the flat and also in the light of the consent letter of the son of the deceased K.N.Janardanan Nair, who is the original owner of the flat, I see no reason for not executing the sale deed in favour of the petitioner.

9. It is true that, there may be apprehension on the part of the respondents to the effect that if any objection is raised by the legal heirs of the deceased K.N.Janardanan Nair, they will be in trouble. To avoid that apprehension, there can be a direction to the petitioner to submit an affidavit before the respondents to the effect that, if any dispute regarding the ownership of the flat arise in future, the petitioner is responsible. Based on the same, there can be a direction to the respondents to register the sale deed based on the documents already produced by the petitioner.

10. Therefore, this writ petition is allowed with the following directions:

(i) The respondents are directed to register/transfer the ownership of Flat No. BF6/19, First Floor, Kaloor HAS, Vasanth Nagar, Palarivattom P.O., Pin-682025 in the name of the petitioner based on the documents already submitted by the petitioner and also based on an affidavit by the petitioner attested by a Notary Public to the effect that, if any dispute regarding the title of the flat arises in future, the petitioner alone will be responsible.

(ii) Once the Notary attested affidavit as stated above along with certified copy of this judgment is produced, the respondents will register/transfer the ownership of the flat as directed above, as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment along with notarized attested affidavit.

Advocate List

  • MATHEW SKARIA K.K.MOHAMED RAVUF JOY JOSEPH (MUNDACKAL)

  • SRI. V.HARISH SRI.B.S.SYAMANTAK, GP

Bench
  • HON'BLE MR. JUSTICE P.V.KUNHIKRISHNAN
Eq Citations
  • 2023/KER/45752
  • LQ/KerHC/2023/1608
Head Note

A. Civil Procedure Code, 1908 — Or. 7 R. 11 — Registration of property — Registration of flat in name of petitioner — Directions issued — Tenancy — Registration of property — Registration of flat in name of petitioner — Directions issued — Tenancy (Paras 7 to 10) B. Civil Procedure Code, 1908 — Or. 7 R. 11 — Registration of property — Registration of flat in name of petitioner — Directions issued — Tenancy — Registration of property — Registration of flat in name of petitioner — Directions issued — Tenancy (Paras 7 to 10) C. Transfer of Property Act, 1882 — S. 54 — Registration of property — Registration of flat in name of petitioner — Directions issued — Tenancy — Registration of property — Registration of flat in name of petitioner — Directions issued — Tenancy (Paras 7 to 10)