Ushakumari.P.G v. The District Registrar

The first petitioner is the mother of the second petitioner. They presented a partition deed for registration. The registering authority insisted for production of order from the District Court appointing the first petitioner is a guardian. The petitioners, challenging the above action of the registering authority, have approached this Court.

2. The petitioners rely on the Division Bench judgment of this Court in Lissy and Others v. Annie and Others [2015(2) KHC 97], wherein it is held that the permission under Section 29 of the Guardians and Wards Act, 1890, is not necessary for partition before that is not a one transaction which fall under clause (a) and (b) of Section 29 of the Guardians and Wards Act.

3. This Court is of the view, when a guardian enters into a partition on behalf of the minor child, the bona fides of such action of the guardian has been looked into. If it is for this Court to decide W.P.(C) No.29486 of 2015 2 the same and the registering authority, in fact, is not called upon to decide on the validity of the transaction. The limited role of registering authority is only a legal satisfaction of the requirement of the registration. Even a registered document can be impeached later point of time on being satisfied that it does not protect the best interest or the welfare of the minor child. Therefore, this Court is of the view, the registering authority need not insist for production or order from the District Court for registration of partition deed involving a minor. Therefore, the registering authority if otherwise satisfied that the partition deed complied with the legal requirement, shall register the same in accordance with law. The writ petition is disposed of as above. Sd/- A.MUHAMED MUSTAQUE, JUDGE W.P.(C) No.29486 of 2015 3