Page No.# 1/6 GAHC030001812025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : RFA/10/2025 Sh. R. Zomawia (Now Dead) r/b Legal Representative Smt. Lalrintluangi S/o Khawtinkhuma alias K.T. Khuma (L), W/o R. Zomawia (L), R/o H/No. U-1/I, Bara Bazar, Bungkawn, Dawrpui, Aizawl, Mizoram VERSUS Sh. Zosangzuala Rokhum (Now Dead) and 2 Ors. S/o Khawtinkhuma alias KT. Khuma (L), Represented by Legal Representative Smt. Lalthakimi, W/o Zosangzuala Rokhum (L), R/o K.T. Khuma Building, Bara Bazar, Bungkawn, Dawrpui, Aizawl, Mizoram 2:The Secretary 3:The Directo Advocate for the Petitioner : Mr. Lalfakawma Advocate for the Respondent : Mr B Lalramenga for R-1 B E F O R E HON’BLE MR. JUSTICE RAJESH MAZUMDAR ORDER 24.09.2025 Heard Mr. Lalfakawma, learned counsel for the appellant. Also heard Mr. B. Lalramenga, learned counsel for the respondent No. 1 and Mrs. Mary L. Page No.# 2/6 Khiangte, learned Government Advocate for the respondent Nos. 2 & 3. 2. The challenge in this appeal is to the order dated 05.07.2023 passed by the learned Senior Civil Judge-III, Aizawl Judicial District, Aizawl, whereby an Heirship Certificate was granted to Sh. Zosangzuala Rokhum (now deceased) on his application, registered as Heirship Certificate Application No. 911/2023. The appellant and the respondent No.1 in this appeal are the wifes of late Sh. R. Zomawia and late Sh. Zosangzuala Rokhum respectively. 3. The admitted facts are that the father of late Sh. R. Zomawia and late Sh. Zosangzuala Rokhum had owned certain property within the District of Aizawl. He expired on 14.04.1998 and in an attempt to settle the property amongst the families, they had approached the Lok Adalat in the year 1999 and Case No. H/C-3/99, L-40/2000-PCC(A) was taken up. Pursuant to the Lok Adalat sitting held on 18.10.2000, the parties arrived at a settlement. For a ready reference, the terms of settlement are quoted herein below:- “ Terms of Settlement. Both the parties are present and the parties have come to an amicable settlement at Lok Adalat on the following terms. The parties have agreed to divide the landed properties of Pu Khawtinkhuma (L) as follows :- The L.S.C. 17/69 at Bungkawn area. Zosangzuala’s share : 1) The area covered by Vijay Bank and rent arrears. 2) Area occupied by Curzon Baptist Church till the Bethany Baptist Church. 3) The residential area now occupied by Zosangzuala. 4) Shop area now rented by i) Lalzamliana ii) Lalengmawia/PCO. 5) Lawmna Pari. Zothanpuia’s Share : 1) The residential area now occupied by him. 2) Shop area now rented by Dr. Lalnghaka. Page No.# 3/6 Rita Zomuani’s Share : 1) The residential area now occupied by her. 2) The shop area now rented by Semu Chalteri/Photo House (Zothankima’s share). R. Zomawia’s Share : The remaining area within the L.S.C. 17/69 not mentioned above shall belong to R. Zomawia. The proper measurement and demarcation of the landed area to belong to the respective parties will be done with the conciliators at a later date and be submitted at Lok Adalat. As the L.S.C. 17/69 is mortgaged at ZIDCO R. Zomawia will contribute 25% towards the repayment of the loan. The said L.S.C. 17/69 shall then be kept under the custody of R. Zomawia and the L.S.C. 17 of ’69 shall not be disposed or changed in anyway without first obtaining the consent of all the parties concerned.” 4. It is stated at bar that pursuant to the said settlement, the parties were enjoying their individual shares. 5. Sh. R. Zomawia met his demise on 30.12.2017. Sh. Zosangzuala Rokhum thereafter had made an application on 05.07.2023 in the Court of Senior Civil Judge-III, Aizawl District, Mizoram under the provisions of Section 30(3) of the Mizo Marriage, Divorce and Inheritance of Property Act, 2014 for grant of Heirship Certificate in respect of land covered by LSC No. AZL-17/1969 which is located at Bara Bazar, Dawrpui, Aizawl and was registered in the name of Sh. Khawtinkhuma @ K.T. Khuma. The learned Senior Civil Judge-III took up the matter on 05.07.2023 itself and allowed the application, directing issuance of Heirship Certificate in respect of LSC No. AZL-17/1969 to the petitioner therein. It is stated that Sh. Zosangzuala Rokhum also met his demise on 15.11.2024. 6. Notices were issued in this appeal on 05.08.2025 and on receipt of notice, Mr. B. Lalramenga, learned counsel has entered appearance on behalf of the Page No.# 4/6 respondent No. 1. 7. It is submitted on behalf of the appellant that the appellant did not have any prior notice of the Heirship Certificate Application No. 911/2023 being filed by late Sh. Zosangzuala Rokhum and that records would reveal that the Heirship Certificate was granted on the same day that the petition was filed. 8. The learned counsel for the appellant has drawn our attention to the terms of the settlement arrived at before the Lok Adalat to submit that the Heirship Certificate in favour of Sh. Zosangzuala Rokhum could not have been awarded to cover the entire property covered by LSC No. AZL-17/1969, since the settlement arrived at on 18.10.2000 had demarcated certain portion to the late husband of the present appellant. He has therefore prayed that the Heirship Certificate granted by the order dated 05.07.2023 deserves interference of this Court and is required to be set aside. 9. Mr. B. Lalramenga, learned counsel for the respondent No. 1 has fairly submitted that the Legal Heirship Certificate does not contain any reference in terms of settlement before the Lok Adalat and therefore, a modification in the same would be lawful and fair. He has prayed that the matter be remanded back to the Court of the Senior Civil Judge-III, Aizawl Judicial District, Aizawl for a fresh adjudication by allowing all the parties to participate in the proceedings of application for Heirship Certificate being Application No. 911/2023. 10. We have considered the submissions made on behalf of both the parties. 11. Upon going through the records and documents annexed to the writ petition, which are not controverted, we notice that the Heirship Certificate Page No.# 5/6 granted on 05.07.2023 indeed does not take note of the terms of settlement entered into by the predecessors of the present appellant and the respondent No. 1. Without further going into the merits of the case, since it is apparent that prior notice was not issued to the other heirs of late Sh. K.T. Khuma and the Heirship Certificate was issued on the same day itself, we set aside the order dated 05.07.2023, which had granted the Heirship Certificate to the late husband of the present respondent No. 1 and also set aside all consequential action taken for substitution of name of the heirs in the LSC. 12. We have been informed during the proceedings that the appellant had also applied for the Heirship Certificate in respect of the properties which fell in the share of her husband pursuant to the terms of settlement arrived at before the Lok Adalat on 18.11.2000 and accordingly, she has been granted an Heirship Certificate by the Order dated 05.10.2020 passed in Heirship Certificate Application No. 943/2000. 13. It has been submitted at the bar by the learned counsel appearing for the appellant that his clients are not averse to any proceedings initiated by the respondent No. 1 to claim a Legal Heirship Certificate over the properties which fell in the share of her husband as per the terms of agreement arrived at before the Lok Adalat. 14. In such view of the matter, instead of remanding the matter back to the Senior Civil Judge-III, Aizawl District, Aizawl, the respondent No. 1 is hereby granted liberty to approach the competent Court of law afresh for issuance of Heirship Certificate in terms of agreement arrived at in the Lok Adalat. Page No.# 6/6 15. We have declined to remand the matter back, keeping in view that the application filed earlier by the late husband of the respondent No. 1 would require amendments which could be time consuming and could delay the proceedings. We make it clear that if any issue of limitation arises in the event that the respondent No. 1 files an application for Heirship Certificate, the learned Court deciding the application shall keep in mind the fact that the cause of action for the respondent No. 1 has arisen only on the demise of her husband and therefore, the application can be considered to be filed within the time frame allowed by law. 16. Accordingly, the appeal stands disposed to the extent indicated hereinabove. 17. No costs. JUDGE Comparing Assistant