JUDGMENT :

Heard Mr. Lalpianfela Chawngthu, learned counsel for the appellant and Mr. F. Lalengliana, learned counsel for the respondent.

2. This is an appeal against the Judgment & Order dt.14.11.2019 passed by the Sr. Civil Judge Champhai, in Probate Case No.2 of 2018 wherein the ‘will’ dated 24.05.2017 executed by Lalzawnchhuaha (late) was probated by the Learned Civil Judge

3. Brief facts of the case is that Mr. Lalzawnchhuaha (late) was the owner of the house bearing H/1-48 along with adjacent land located at Vengthar, Khawzawl. During his lifetime he had executed a ‘will’ dated 9/4/2017 in the presence of three witnesses namely Lalchhantluanga, Lalzawnchhuaha, and FK Lalsangluaia. In the’ ‘will’ his son from his first marriage, Lalrinpuia was bequeathed the house at Vengthar, Khawzawl. However, as long as the present house stands, his two daughters namely Lalbiaknungi and Lalremruati, from his present wife, were to collect the rent charges. He also apportioned the value of his properties to his children namely Lalrinpuia, Rokhuma, Lalbiaknungi and Lalremruati at 25% each.

4. The petitioner/respondents case is that on 21.05.2017, the Mr. Lalzawnchhuaha (late), had informed his fir