9911796707
TMI Blog2010 (6) TMI 823X X X X Extracts X X X X X X X X Extracts X X X X ..... passed away on 1.4.1991. 2. The first petitioner's husband late Thekkepeediyakkal Moideen Haji had acquired 71 cents of land situated in Re-survey Nos.256/2 and 256/3 of Tirur Village, Tirur Taluk as per assignment deed registered as Document No.1145 of 1970 of Sub Registrar's office, Tirur. He sold the said parcel of land to the petitioners herein as per Ext.P2 sale deed dated 14.9.1981. Thereupon, mutation was effected in the revenue records and the petitioners are paying tax. They are also in possession and enjoyment of the property. 3. The first petitioner had after her marriage to late Thekkepeediyakkal Moideen Haji, acquired Malaysian citizenship. Petitioners 2 to 4 who were born in that country are also Malaysian citiz ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to dispose of the same. 5. Though the official respondents have not filed a counter affidavit, Sri.P.N.Manoj, learned Government Pleader appearing for the respondents submitted that under rule 72A of the Registration Rules (Kerala) framed by the Inspector General of Registration with the approval of the Government of Kerala under section 69 of the Indian Registration Act, the parties appearing before the Registering Officer have to produce electoral identify card or passport or driving license or PAN card or ration card or identity card issued by the Government or any authority controlled by the Government to prove their identity. The learned Government Pleader contended that as the petitioners did not produce any such document to prove ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a or Iran or Nepal or Bhutan), who (i) at any time, held Indian passport; or (ii) who or either of whose father or whose grandfather was a citizen of India by virtue of the Constitution of India or the Citizenship Act, 1955 (57 of 1955) As per the said definition, the first petitioner who is not a citizen of Pakistan or Bangladesh or Sri Lanka or Afghanistan or China or Iran or Nepal or Bhutan and is the daughter of late Valiyapeediyakkal Mohammed Koya, an Indian citizen, is a person of Indian origin. Regulation 2(c) was amended by Ext.P10 notification by substituting clause (ii) thereof. Clause (ii) of Regulation 2(c) as amended reads as follows: (ii) who or either of whose father or mother or whose grandfather or grandmot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... him or the provisions of these Regulations or from a person resident in India; (d) transfer any immovable property in India other than agricultural land/farm house/plantation property, by way of sale to a person resident in India; (emphasis supplied) (e) transfer agricultural land/farm house/plantation property in India, by way of gift or sale to a person resident in India who is a citizen of India; (f) transfer residential or commercial property in India by way of gift to a person resident in India or to a person resident outside India who is a citizen of India or to a person of Indian Origin resident outside India. In the instant case, the land described in Ext.P2 was acquired by late Thekkepeediyakkal Moideen Haji, husband ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le under Regulation 4(a) above referred to. In view of the definition of the term `a person of Indian origin' occurring in the regulations referred to above, it cannot be said that the petitioners are not entitled to transfer the lands described in Ext.P2 to an Indian citizen. Further, the land sought to be transferred is not agricultural land or plantation property or farmhouse. In such circumstances, the stand taken by the respondents that the petitioners cannot execute an instrument of sale in respect of the lands described in Ext.P2 cannot be sustained. However, it will be open to the registering authority to insist on the petitioners producing proof of their identity issued by the State of which they are citizens. I accordingly ..... X X X X Extracts X X X X X X X X Extracts X X X X
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