Allowed

Lalngaihawmi Kawlni and 3 Ors. v. Vanlalchami Colney

Gauhati HC1 Sept 2022RFA/38/2021

Case brief

AI extract

What is this about?

Appeal against grant of Heirship Certificate to the deceased's sister. High Court set aside the certificate and order, remanding the matter to the Senior Civil Judge to freshly decide the rival claims of the children versus the sister regarding the deceased's landed property.

What did the court decide?

Heirship Certificate dated 20.09.2021 and corresponding order set aside; matter remanded to Senior Civil Judge, Serchhip for fresh consideration; appeal allowed.

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

¶1

Page No.# 1/4

¶2

GAHC030004512021

¶3

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

¶4

Case No. : RFA/38/2021

¶5

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

¶6

Mizoram

¶7

2: Lalruatfeli Kawlni D/o Lalneihkima Colney R/o Luangmual Mizoram

¶8

3: Laltlanmawia Kawlni S/o Lalneihkima Colney R/o Chawlhhmun Aizawl Mizoram

¶9

4: Lalremruati Kawlni D/o Lalneihkima Colney R/o Chawlhhmun Aizawl Mizoram VERSUS

¶10

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

¶11

Page No.# 2/4

¶12

Advocate for the Petitioner : Mr. Joseph Lalchhanhima Renthlei Advocate for the Respondent : Mr Zoramchhana

¶13

ORDER

¶14

BEFORE HONOURABLE MR. JUSTICE NELSON SAILO

¶15

01.09.2022

¶16

In view of the order passed today in I.A(Civil) No. 115 of 2021, the appeal is taken up for consideration.

¶17

2. Mr. Joseph Lalchhanhima Renthlei, learned counsel for the appellants submits that the appellants are the children of late Mr. Neihkima Colney, who expired on 15.07.2018, leaving behind a landed property in Chhiahtlang Kawn veng covered by LSC No. 606201/01/178 of 2005. He submits that the appellants being the legal heirs of their father, they have every right to be considered for grant of Heirship Certificate in their favor in respect of the said property. However, the learned Trial Court granted the same to the respondent instead. The respondent is the younger sister of the deceased father, but the appellants have a better claim over the said property. He submits that although newspaper publication was said to have been made about the application for heirship submitted by the respondent but unfortunately, the appellants failed to notice the same. He therefore submits that the Heirship Certificate granted in favor of the respondent may be cancelled and that the matter be remanded back for fresh consideration by the learned Trial Court.

¶18

Page No.# 3/4

¶19

3. Mr. Zoramchhana, learned counsel appearing for the respondent on the other

¶20

hand submits that Heirship Certificate was issued after issuing notice to all interested person through newspaper publication and therefore, there is nothing wrong in the issuance of the Heirship Certificate in favor of the respondent. He further submits that the appellants had never looked after their father and in fact, it was the respondent who had taken care of him. As such, the Heirship Certificate may not be interfered with by this Court.

¶21

4. I have heard the submissions made by the rival parties and I have perused the materials available on record. There is no dispute to the fact that the appellants are the children of the deceased person. The appellants have also claimed that they failed to notice the newspaper publication regarding the Heirship Certificate applied for by the respondent. Upon considering the submissions made and on perusal of the materials on record, I am of the considered view that the learned Court below should once again reconsider grant of Heirship Certificate for the property in question after considering the rival claims of the parties. The question as to who had looked after the deceased person or who has the better claim can very well be looked into by the Trial Court concerned and therefore, without expressing anything on merit, the matter is remanded back to the learned Court of Senior Civil Judge, Serchhip for decision afresh after giving due opportunities to all the parties concerned. Since the parties are already represented before this Court, they are directed to appear before the learned Senior Civil Judge on 19.09.2022 whereafter, the learned Court below shall proceed

¶22

Page No.# 4/4

¶23

with the matter in accordance with law and dispose of the case as expeditiously as

¶24

possible. It is needless to state herein that the Heirship Certificate dated 20.09.2021

¶25

as well as the order dated 20.09.2021 are hereby set aside.

¶26

5. Appeal stands accordingly allowed.

¶27

JUDGE

¶28

Comparing Assistant

Lalngaihawmi Kawlni and 3 Ors. v. Vanlalchami Colney

Case brief

What is this about?

What did the court decide?

Lalngaihawmi Kawlni and 3 Ors. v. Vanlalchami Colney

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Madan Das and Anr. Vs the State of Assam and 2 Ors.

Nitu Deka Vs the State of Assam and 4 Ors.

Monoj Nath Choudhury Vs the State of Assam and 2 Ors.

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

Sh Lalrinawma and 4 Ors. Vs The State of Mizoram r/b the Secretary to the Govt. of Mizoram, Lad Deptt. and 6 Ors.

Meena Lalthanzuali and 58 Ors. Vs The General Manager Power Grid Corporation of India Ltd. and 4 Ors.