Page No.# 1/4 GAHC030006272024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : RFA/33/2024 Smt. V.L. Biaksangi and 2 Ors. W/o Laithankima (L), R/o Sairang Dinthar, Mizoram 2: Sh. Lalthanmawia 3: Sh. Vanlalchhanchhuah VERSUS Smt. Vanthangzuali D/o Lalthanzama (L), R/o Sairang Dinthar, Mizoram Advocate for the Petitioner : Mr Aldrin Lallawmzuala Advocate for the Respondent : Mr. S. Vanlalhriata B E F O R E HON’BLE MRS. JUSTICE MARLI VANKUNG ORDER 26.05.2025 Heard Mr. Aldrin Lallawmzuala, learned counsel for the appellant. Also heard Mr. S. Vanlalhriata, learned counsel for the sole respondent. 2. This is an appeal filed u/s 7 of the Mizoram Civil Court Act, 2005 r/w Section 96 and Order 41 of the Civil Procedure Court, 1908 for the Page No.# 2/4 cancellation of the Order dated 29.07.2020 passed by the Senior Civil Judge- II, Aizawl Judicial District, Aizawl in Heirship Certificate No. 699 of 2020. 3. Mr. Aldrin Lallawmzuala, learned counsel for the appellant submits that the impugned Heirship Certificate was issued to the respondent u/s 30(3) of the Mizoram Marriage, Divorce & Inheritance of Property Act, 2014 in respect of Periodic Patta No. 103401/10/413 of 2005 which belonged to the deceased Mr. Lalthanzama. He submitted that the landed property covered by the said Periodic Patta which belonged to the deceased Mr. Lalthanzama is located at Kangtek ram, Sairang. The sole respondent is the daughter of Mr. Lalthanzama, while the appellant No.1 is the wife of Mr. Laithankima (Late) s/o Mr. Lalthanzama (Late) and the appellant Nos. 2 & 3 are the sons of Mr. Laithankima (Late). 4. The learned counsel submitted that the sole respondent had filed an application for issuance of Heirship Certificate on the death of her father Lalthanzama (Late), who died on 03.12.2015, in respect of Periodic Patta No. 103410/10/413 of 2005 on 23.07.2003. The learned Trial Court had issued the Heirship Certificate to the sole respondent on 29.07.2020, after 7 days of the application without issuing any notice and without giving any chance to the appellants to contest the application for Heirship Certificate. He therefore Page No.# 3/4 prayed for setting aside of the Heirship Certificate No. 699 of 2020 issued without the issuance of notice. The learned counsel in support of his submissions has relied on the orders passed by the Co-ordinate Bench of this Court in Smt. Zochhuani vs Jeneth Lalsangpuii in RFA No. 3 of 2019 dated 30.05.2019 and in Lalfakawma Fanai vs Lalrempuii Fanai in RFA No. 13 of 2021 dated 25.06.2021. 5. Mr. S. Vanlalhriata, learned counsel for the sole respondent in all fairness submits that the impugned Heirship Certificate No. 699 of 2020 was issued without issuing any notice. He however, submits that notice was not issued because the sole respondent had looked after her father Mr. Lalthanzama (Late) till his death. 6. Having considered the submissions made by the learned counsels for both the parties, it is seen that it is not a disputed fact that no notice was issued when the application for issuance of the Heirship Certificate was filed in respect of the properties of the deceased Mr. Lalthanzama. This Court thus finds that the appellants being the interested persons in the properties left behind by the deceased Mr. Lalthanzama, should also be given the opportunity of being heard with respect to the issuance of Heirship Page No.# 4/4 Certificate and that depriving the appellants the chance of being heard would be a violation of the principles of natural justice. 7. Accordingly, the impugned Order dated 29.07.2020 is hereby set aside and the case is remanded back to the Trial Court for fresh consideration by giving a chance to the appellants to file their written objection, if any and thereafter, the Court shall proceed with the case by giving an opportunity to both the parties to adduced their evidences. 8. Both the parties are to appear before the learned Trial Court on 12.06.2025 for further steps. 9. Accordingly, RFA No. 33 of 2024 stands allowed and disposed of as above. JUDGE Comparing Assistant