Allowed

Smt. Lalngaihawmi Kawlni and 3 Ors. v. Smt. Vanlalchami Colney

Gauhati HC1 Sept 2022I.A.(Civil)/115/2021

Case brief

AI extract

What is this about?

The Court allowed leave to file a Third Party Appeal in an Heirship Certificate matter. Despite the claim being belated, the Court held that since the applicants are children of the deceased, they should be granted one more opportunity to present their case before the trial court.

What did the court decide?

Leave to file a Third Party Appeal against the order dated 20.09.2021 in Certificate Application (Heirship) No. 124/2021.

Smt. Lalngaihawmi Kawlni and 3 Ors. Vs Smt… — Succession and Inheritance | Gauhati HC (2022)

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GAHC030004512021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil)/115/2021

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Smt. Lalngaihawmi Kawlni and 3 Ors D/o Lalneihkima Colney R/o Dinthar, Aizawl, Mizoram

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VERSUS

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Smt. Vanlalchami Colney D/o Damkunga (L) R/o Luangmual, Aizawl, Mizoram

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Advocate for the Petitioner : Mr. Joseph Lalchhanhima Renthlei

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Advocate for the Respondent :

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ORDER

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BEFORE

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HONOURABLE MR. JUSTICE NELSON SAILO

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01.09.2022

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Heard Mr. Joseph Lalchhanhima Renthlei, learned counsel for the applicants who

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submits that by filing this application, the applicants seek permission of this Court to

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file a Third Party Appeal against the order dated 20.09.2021, passed by the Court of

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the Senior Civil Judge, Serchhip in Certificate Application (Heirship) No. 124/2021. The

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learned counsel submits that the applicants are the children of late Mr. Neihkima Colney and he expired of 15.07.2018, leaving behind a landed property covered by LSC No. 606201/01/178 of 2005 located at Chhiahtlang Kawn veng. On his death, the respondent applied for Heirship Certificate and the same was granted to her to the exclusion of the applicants. The applicants being the legal heirs of the deceased aggrieved with the grant of the Certificate to the respondent would like to file an appeal.

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Mr. Zoramchhana, learned counsel for the respondent on the other hand submits that the Heirship Certificate was given to the respondent after due publication of notice in the local newspaper and that the claim of the applicants being belated, the same should not be entertained.

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Upon considering the submissions of the rival parties and perusal of the pleadings, this Court is of the view that since the applicants are admittedly the children of the deceased person, despite the fact that notice was issued in the newspaper, one (1) more opportunity should be granted to them to project their case before the Court concerned. Accordingly, the application for leave to file a Third Party Appeal stands allowed.

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I.A is disposed of accordingly.

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JUDGE

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Comparing Assistant

Smt. Lalngaihawmi Kawlni and 3 Ors. v. Smt. Vanlalchami Colney

Case brief

What is this about?

What did the court decide?

Smt. Lalngaihawmi Kawlni and 3 Ors. v. Smt. Vanlalchami Colney

Case brief

What is this about?

What did the court decide?

What the court decided

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