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Smt. v. Laldinpuii and 3 Ors. v Smt. Laldinsangi Pautu

Succession Certificate – grant without notice to interested persons

Gauhati HC10 Jun 2025RFA/28/2024

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Case brief

AI extract

What is this about?

Gauhati High Court RFA/28/2024 Nelson Sailo 11.06.2025 succession certificate remand fresh consideration Order 41 Rule 1 CPC Section 17(2) Mizoram Civil Courts Act 2005 Civil Judge Senior Division-I Aizawl Succession Certificate Case No. 48/2024 Lalremsanga V. Laldinpuii Laldinsangi Pautu Rs. 35,70,509.06 five bank accounts deposit application 23.06.2025 appeal disposed.

What did the court decide?

Appeal disposed of: matter remanded to the Trial Court (Civil Judge (Senior Division) - I, Aizawl) for fresh consideration with reasonable opportunity to interested parties; parties directed to appear on 23.06.2025; appellants permitted to file an application for deposit of the withdrawn monies pending final disposal of the Succession Certificate. ¶25

Smt. v. Laldinpuii and 3 Ors. Vs Smt. Laldinsangi Pautu — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Succession Certificate granted by the Court below to the sole respondent without hearing the appellants or any person interested is valid and lawful, and whether the matter should be reconsidered by the Trial Court. +1 more

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Court's answer

As the Court below apparently granted the Succession Certificate without hearing the appellants or any person interested, the matter should be reconsidered by the learned Trial Court by giving reasonable opportunity to the party(s) interested.

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Ratio / Principle

The matter is remanded back to the learned Trial Court for fresh consideration by giving reasonable opportunity to the parties interested.

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Key takeaways

Since the parties are represented before this Court, they are directed to appear before the learned Trial Court i.e., Civil Judge (Senior Division) - I, Aizawl on 23.06.2025; on their appearance the Trial Court shall proceed with the matter in accordance with law and dispose of the case as expeditiously as possible.ratio¶22
The appellants, if so advised, may file an appropriate application seeking deposit before the Court of the money withdrawn by the sole respondent, pending final disposal of the Succession Certificate; if such an application is filed, the Trial Court shall consider it and pass appropriate orders as it deems fit and proper.ratio¶24

Detailed headnote1 paragraphs

Succession Certificate - grant without notice to interested persons - appeal under Order 41 Rule 1 CPC r/w Section 17(2) Mizoram Civil Courts Act, 2005 (RFA/28/2024): Appellants, widow and children of deceased Lalremsanga (expired 16.12.2023), challenged the Order dated 14.02.2024 and Succession Certificate No. 48/2024 (a)(b)(c)&(d) granted by Civil Judge (Senior Division)-I, Aizawl to the deceased's daughter from his first marriage without hearing the persons interested; Rs. 35,70,509.06/- lay in five Bank Accounts and was withdrawn by the respondent. Finding the grant apparently made without hearing interested parties, the High Court remanded the matter to the Trial Court for fresh consideration with reasonable opportunity, directed the parties (represented before it) to appear on 23.06.2025, and permitted the appellants to file an application for deposit of the withdrawn amounts pending final disposal. Appeal disposed of. Bench: Nelson Sailo, J.

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Page No.# 1/4

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GAHC030004922024

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

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Case No. : RFA/28/2024

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Smt. V. Laldinpuii and 3 Ors. W/o Lalremsanga (L), R/o Mission Veng, Aizawl, Mizoram 2: Km. Biaknunsangi Pautu

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3: Km. Lallawmsangi Pautu

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4: Km. Lalpeksangi Paut

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VERSUS

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Smt. Laldinsangi Pautu D/o Lalremsanga (L), R/o Dawrpui, Aizawl, Mizoram

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Advocate for the Petitioner : Mr Zoramchhana

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Advocate for the Respondent : Mr B Lalramenga

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Page No.# 2/4

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ORDER

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BEFORE HONOURABLE MR. JUSTICE NELSON SAILO

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11.06.2025

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Heard Mr. Zoramchhana, learned counsel for the appellants and Mr. B. Lalramenga, learned counsel for the sole respondent. This is an appeal filed under Order 41 Rule 1 CPC read with Section 17(2) of the Mizoram Civil Courts Act, 2005 challenging the validity and legality of the impugned Order dated 14.02.2024 along with the impugned Succession Certificate No. 48/2024 (a)(b) (c)&(d) passed by the Court of Civil Judge (Senior Division) – I, Aizawl in Succession Certificate Case No. 48/2024.

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[2.] It is the case of the appellants that the appellant No. 1 is the legitimate wife of the deceased Lalremsanga who expired on 16.12.2023 and the appellant Nos. 2, 3 & 4 are the children. The sole respondent is the daughter of the deceased person from his first marriage. It is also the case of the appellants that the deceased person had left behind certain amount of money in five (5) different Bank Accounts and for which, the sole respondent without informing them and without their knowledge had secured the Succession Certificate. The

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total amount of money deposited in the five (5) Bank Accounts amounts to Rs. 35,70,509.06/-.

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Page No.# 3/4

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[3.] It therefore appears that without hearing the appellants or any person interested, the learned Court below has apparently granted the Succession Certificate to the sole respondent and therefore in the considered view of this Court, the matter should be reconsidered by the learned Trial Court by giving reasonable opportunity to the party(s) interested.

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[4.] Mr. B. Lalramenga, learned counsel for the sole respondent as well as Mr. Zoramchhana, learned counsel for the appellants do not have objection if the matter is remanded back to the learned Trial Court for fresh consideration. Mr. Zoramchhana, learned counsel submits that pursuant to the grant of Succession Certificate to the respondent, the amount lying in the five (5) Bank Accounts has been withdrawn by the respondent and therefore, pending reconsideration of the Succession Certificate, the said amount should be directed to be deposited before the Court.

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[5.] Considering the submissions made, the matter is remanded back to the learned Trial Court for fresh consideration by giving reasonable opportunity to the parties interested. Since the parties are represented before this Court, they are directed to appear before the learned Trial Court i.e., Civil Judge (Senior Division) – I, Aizawl on 23.06.2025. On their appearance, the Trial Court shall proceed with the matter in accordance with law and make an endeavor to

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Page No.# 4/4

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dispose of the case as expeditiously as possible. The appellants, if so advised, may file appropriate application seeking the deposit of the money withdrawn by the sole respondent herein before the Court, pending final disposal of the Succession Certificate. In the event such an application is filed, the learned Trial Court shall consider the same and pass appropriate orders as it deems fit and proper.

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

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JUDGE

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Comparing Assistant

Smt. v. Laldinpuii and 3 Ors. v Smt. Laldinsangi Pautu

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Smt. v. Laldinpuii and 3 Ors. v Smt. Laldinsangi Pautu

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