Smt. Esther Lalramliani Vs Sh. Lalthuamluaia

Heard Mr. Lalfakawma, learned counsel for the appellant and Mr. S. Vanlalhriata, learned counsel for the respondents. By filing this Regular First Appeal, the appellant has challenged the Order dated 01.06.2022 passed by the Senior Civil Judge-IV, Aizawl in Heirship Certificate Application No. 1156/2022 and the resultant Certificate issued in favor of the respondent in terms of the said Order granting Heirship Certificate to the respondent in respect of LSC No. 401101/01/195 of 2004 located at Lengpui Vengthar, Periodic Patta No. 103405/10/166 of 2004 located at Lawngzawl Ram, Lengpui and Periodic Patta No. 103405/10/167 of 2004 located at Lenden Kawng, Lengpui.

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[2.] Mr. Lalfakawma, learned counsel submits that the appellant was living with Lalsangluaia (Late) who expired on 01.06.2016 and was looking him after. However, without issuing any notice to the appellant and without giving her any opportunity to contest the Heirship Certificate Application, the learned Court below granted the Heirship Certificate in favor of the respondent. Referring to the impugned Order dated 01.06.2022, the learned counsel submits that according to the learned Court below, after the perusal of the related

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documents, it found no reason to issue notice on the application for Heirship Certificate for the property in question. He therefore submits that the appellant has clearly been deprived of her right to the property in question by virtue of having lived with and looked after late Lalsangluaia and looking him after till his death.

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[3.] Mr. S. Vanlalhriata, learned counsel for the respondent fairly submits that no notice has been issued against the claim of the respondent for the properties in question but he submits that the respondent being the son of the deceased person, he has every right to the properties left behind by his late father. He however submits that under the facts and circumstances, Court may consider and pass appropriate order as it deems fit and proper.

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[4.] Upon hearing the learned counsels for the rival parties and upon perusing the materials available on record, it is seen that no opportunity has been afforded to the appellant to stake her claim upon the properties left behind by the deceased Lalsangluaia and under the facts and circumstance, it only appears that there has been violation of the principles of natural justice. Accordingly, the impugned Order dated 01.06.2022 and the resultant Heirship Certificate Application No. 1156/2022 are hereby set aside. The matter is remanded back to the learned Court below for fresh consideration by giving

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opportunity to the appellant and also to the respondent to stake their claim on the properties in question. The parties are directed to appear before the Court below on 03.02.2025 along with a copy of this Order. Upon their appearance, the learned Court below shall proceed with the matter in accordance with law and make an endeavor to dispose of the matter as expeditiously as possible.

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[5.] With the above observation and direction, the appeal stands disposed of.

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JUDGE

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Comparing Assistant

Smt. Esther Lalramliani v. Sh. Lalthuamluaia

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Smt. Esther Lalramliani v. Sh. Lalthuamluaia

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