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2025 DAILYLAW 27760 (GAU)

Lalrohlui v. R. Lalbiaksanga

RFA/39/2024 · 2025-11-05

Michael Zothankhuma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC030006782024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Linked Case : RFA/39/2024 Lalrohlui Chaltlang Aizawl Mizoram VERSUS R. Lalbiaksanga Chaltlang Aizawl Mizoram Advocate for the Petitioner : Mr. Lalpianfela Chawngthu Advocate for the Respondent : Mr B Lalramenga BEFORE HON’BLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 06.11.2025 Heard Mr. Lalpianfela Chawngthu, learned counsel for the appellant. Page No.# 2/3 Also heard Mr. B. Lalramenga, learned counsel for the respondent. 2. This is an appeal against the Order dated 10.11.2022 passed by the Court of the Senior Civil Judge-III, Aizawl Judicial District, Aizawl by which the impugned heirship certificate application No. 1551/2022 has been granted in favour of the respondent in respect of the land covered by LSC No. 564/1980, which is in the name of Lalrikhumi (Late). 3. The appellant’s case is that she is adopted daughter of Lalrikhumi (Late) and that the respondent is the nephew of Lalrikhumi (Late). On the death of Lalrikhumi (Late) on 05.06.2022, the respondent had apparently applied for an Heirship Certificate and the same had been granted by Heirship Certificate No. 1551/2022 in respect of LSC No. 564/1980, without issuing any notice to the appellant herein, who was living with Lalrikhumi (Late) till her death. As no notice had been issued to the appellant by the learned Trial Court prior to issuing the impugned Order dated 10.11.2022, this Court finds that the impugned Order is not sustainable in law. Accordingly, the impugned Order dated 10.11.2022 passed by the Court of the Senior Civil Judge-III, Aizawl Judicial District in Heirship Certificate No. 1551/2022 is hereby set aside. 4. The appeal is accordingly allowed and disposed of. 5. The issue of grant of Heirship Certificate amongst the parties should be considered by the learned Trial Court after issuing notice and allowing both the parties to contest the case. Page No.# 3/3 JUDGE Comparing Assistant