A Regular First Appeal against a Heirship Certificate issued over a deceased person's properties without notice to his children, who had already obtained a probate decision over the same properties. The court set aside the trial court's order and remanded for denovo hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/8
GAHC030006022023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RFA/30/2023
Sh. P.B. Lalparliana and Anr. S/o B. Vanlalthuama (L) R/o Muallungthu Aizawl District Mizoram
2: Smt. B. Lalthakimi D/o B. Vanlalthuama (L) R/o Muallungthu Aizawl District Mizoram VERSUS
Smt. Lalhlanmawii W/o B. Vanlalthuama (L) R/o Tuithiang Aizawl Mizoram
Advocate for the Petitioner : Mr. T Lalnunsiama Advocate for the Respondent : Mr C Lalfakzuala
RFA/44/2023
Smt. Lalhlanmawii W/o B. Vanlalthuama (L), R/o Tuithiang, Aizawl, Mizoram
VERSUS
Sh. P.B. Lalparliana and Anr. S/o B. Vanlalthuama (L),
Page No.# 2/8
R/o Muallungthu, Aizawl District, Mizoram2:Smt. B. Lalthakim
Advocate for the Petitioner : Mr C Lalfakzuala
Advocate for the Respondent : Mr. T Lalnunsiama
Linked Case : I.A.(Civil)/139/2023
Smt. Lalhlanmawii W/o B. Vanlalthuama (L)
R/o Tuithiang Veng Aizawl Mizoram
VERSUS
Sh. P.B. Lalparliana and Anr. S/o B. Vanlalthuama (L)
R/o Muallungthu Aizawl District Mizoram
2:Smt. B. Lalthakimi D/o B. Vanlalthuama (L)
R/o Muallungthu Aizawl District Mizoram
Advocate for the Petitioner : Mr C Lalfakzuala Advocate for the Respondent : Mr. T Lalnunsiama
Linked Case : I.A.(Civil)/159/2023
Sh. P.B. Lalparliana and Anr. S/o B. Vanlalthuama (L)
R/o Muallungthu Aizawl District Mizoram
2: Smt. B. Lalthakimi
Page No.# 3/8
D/o B. Vanlalthuama (L)
R/o Muallungthu Aizawl District Mizoram VERSUS
Smt. Lalhlanmawii W/o B. Vanlalthuama (L)
R/o Tuithiang Aizawl Mizoram
Advocate for the Petitioner : Mr. T Lalnunsiama Advocate for the Respondent : Mr C Lalfakzuala
Linked Case : RFA/46/2023
Smt. Lalhlanmawii W/o B. Vanlalthuama (L) R/o Tuithiang Aizawl Mizoram
VERSUS
Sh. P.B. Lalparliana S/o B. Vanlalthuama (L) R/o Muallungthu Aizawl District Mizoram
Advocate for the Petitioner : Mr C Lalfakzuala Advocate for the Respondent : Mr. T Lalnunsiama
Linked Case : RFA/45/2023
Smt. Lalhlanmawii
Page No.# 4/8
W/o B. Vanlalthuama (L)
R/o Tuithiang Aizawl Mizoram
VERSUS
Sh. P.B. Lalparliana and Anr. S/o B. Vanlalthuama (L)
R/o Muallungthu Aizawl District Mizoram
2:Smt. B. Lalthakimi D/o B. Vanlalthuama (L)
R/o Muallungthu Aizawl District Mizoram
Advocate for the Petitioner : Mr C Lalfakzuala Advocate for the Respondent : Mr. T Lalnunsiama
Linked Case : I.A.(Civil)/100/2023
Sh. P.B. Lalparliana and Anr. S/o B. Vanlalthuama (L) R.o Muallungthu Aizawl District Mizoram 2: Smt. B. Lalthakimi D/o B. Vanlalthuama (L) R/o Muallungthu Aizawl District Mizoram VERSUS Smt. Lalhlanmawii W/o B. Vanlalthuama (L) R/o Tuithiang Aizawl Mizoram
Page No.# 5/8
Advocate for the Petitioner : Mr. T Lalnunsiama Advocate for the Respondent : Mr C Lalfakzuala
Linked Case : I.A.(Civil)/99/2023
Sh. P.B. Lalparliana and Anr. S/o B. Vanlalthuama (L) R/o Muallungthu Aizawl District Mizoram 2: Smt. B. Lalthakimi D/o B. Vanlalthuama (L) R/o Muallungthu Aizawl District Mizoram VERSUS Smt. Lalhlanmawii W/o B. Vanlalthuama (L) R/o Tuithiang Aizawl Mizoram
Advocate for the Petitioner : Mr. T Lalnunsiama Advocate for the Respondent : Mr C Lalfakzuala
Linked Case : I.A.(Civil)/148/2023
Smt. Lalhlanmawii W/o B. Vanlalthuama (L) R/o Tuithiang Veng Aizawl Mizoram VERSUS Sh. P.B. Lalparliana
Page No.# 6/8
S/o B. Vanlalthuama (L) R/o Muallungthu Aizawl District Mizoram
Advocate for the Petitioner : Mr C Lalfakzuala Advocate for the Respondent :
Linked Case : I.A.(Civil)/138/2023
Smt. Lalhlanmawii W/o B. Vanlalthuama (L)
R/o Muallungthu Aizawl District Mizoram
VERSUS
Sh. P.B. Lalparliana and Anr. S/o B. Vanlalthuama (L)
R/o Muallungthu Aizawl District Mizoram
2:Smt. B. Lalthakimi D/o B. Vanlalthuama (L)
R/o Muallungthu Aizawl District Mizoram
Advocate for the Petitioner : Mr C Lalfakzuala Advocate for the Respondent : Mr. T Lalnunsiama
BEFORE HONOURABLE MRS. JUSTICE MARLI VANKUNG ORDER
Date : 03-04-2024
Page No.# 7/8
Heard Mr. T. Lalnunsiama, learned counsel for the appellants along with Ms. Mercy Lalhriattluangi, learned counsel for the respondent.
The instant Regular First Appeal filed under Section 17(1)(b) of the Mizoram Civil Courts Act, 2005 is against the impugned Order dated 21.04.2023 passed by the learned Senior Civil Judge-III, Aizawl Judicial District, Aizawl in Heirship Certificate Application No. 473/2023.
The learned counsel for the appellants submits that in the instant case, though it appears that notice was issued through Newspaper publication, Vanglaini dated 21.03.2023 however, the appellants were not aware of the notice that was issued with regards to the application made by the respondents for issuance of the Heirship Certificate in respect of the properties of the deceased B. Vanlalthuama. The learned counsel submits that the instant appeal is filed since the properties mentioned in the Heirship Certificate issued to the respondents had already been decided in favour of the appellants, who are the children of the deceased B. Vanlalthuama in Probate Case No. 6/2023.
The learned counsel further submits that at the time when the application for Heirship Certificate was made, the respondent was well aware of the Will executed by the deceased B. Vanlalthuama, however, notice was not issued to the appellants and thus submits that in view of the above, the Heirship Certificate Application No. 473/2023 is liable to be set aside since the appellants were not given the opportunity of being heard.
Ms. Mercy Lalhriattluangi, learned counsel for the respondent in all fairness submits that in view of the mentioned Will executed by the deceased B.
Page No.# 8/8
Vanlalthuama, wherein the properties are the same as the properties mentioned in the Heirship Certificate, she does not object to the matter being remanded back to the learned Trial Court.
Having heard the submissions made by the learned counsels for both the parties and considering the fact that the Heirship Certificate Application No. 473/2023 was issued in respect of the properties of the deceased B. Vanlalthuama, which are also said to be mentioned in a Will said to be executed by the deceased B. Vanlalthuama, this Court finds that the instant appellants are interested parties and should have been given an opportunity of being heard in the instant application for Heirship Certificate.
In view of the above, the impugned Order dated 21.04.2023 is set aside and the matter is remanded back to the learned Trial Court for denovo trial and the appellants be given an opportunity to file their objections and be heard.
Accordingly, RFA No. 30/2023 stands allowed and disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the appellants, as interested parties excluded from notice in Heirship Certificate Application No. 473/2023, were entitled to be heard before issuance of the certificate
1 provisions across 1 enactments
Sh. P.B. Lalparliana
Smt. B. Lalthakimi
Smt. Lalhlanmawii
Marli Vankung
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
