JUDGMENT :

Heard Mr. Vanlalnghaka, learned counsel for the appellant alongwith Mr. Saurabh Pradhan, learned counsel for all the respondents.

2. This is an appeal under Section 17 of the Mizoram Civil Courts Act, 2005 read with Section 96 of the Code of Civil Procedure, 1908 against the Judgment and Order dated 26.02.2018 passed by the Senior Civil Judge, Lunglei District in Probate Case No. 6/2016.

3. The appellants’ case is that the deceased, Mr. Hrengkhuaia was the father of the appellant and the respondent Nos. 1 and 2, and he had moved to stay with the appellant at Tawipui ‘S’ during the year 2013, wherein while he was staying with the appellant, he had executed the Will dated 05.10.2014 and thereafter died on 02.12.2014. On the death of Mr. Hrengkhuaia, the appellant/petitioner had approached the Senior Civil Judge, Lunglei for probate of the Will dated 05.10.2014 said to be executed by their deceased father. In the Will Mr. Hrengkuaia bequeathed all his property to the person who looked after him and was with him at the time of his death (dawmhlumtu).

4. The respondents filed their counter claim, claiming that the alleged Will was fake and claimed that the deceased was having two