IMPORTANT POINT
Heirship certificates must be issued following due process, ensuring all interested parties are notified to protect their rights.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

1. Heard Ms. Jacinta Zothanmawii, learned counsel for the appellants. Also heard Mr. Reuben L. Tochhawng, learned counsel appearing for the sole respondent.

2. The present appeal has been so instituted by the appellants presenting a challenge to an order dated 10.02.2023, passed by the learned Senior Civil Judge-II, Aizawl, in Heirship Certificate Case No. 146/2023; instituted by the sole respondent, granting heirship to the sole respondent in respect of LSC No. Azl-968/1983.

3. As projected in the appeal, the plot of land covered by LSC No. Azl-968/1983 situated at Bawngkawn Chhimveng, Aizawl, which was issued in the name of the Grandfather of the present appellants was transferred on his death in the name of Lalsangliana and Lalrosanga, jointly, on 13.10.2004.

4. It is to be noted that the appellants, herein, are the siblings of both Lalsangliana and Lalsoranga. The respondent, herein, is the son of Lalsangliana. The father of the respondent died on 19.12.2022. Thereafter, the respondent had proceeded to submit an application under the provisions of Section 30 (3) of the Mizo Marriage, Divorce & Inheritance of Property Act, 2014 (hereinafter referred to as “the Act of 2014”) before the Court of the learned Senior Civil Judge-II, Aizawl, praying for grant of Heirship Certificate in respect of the land covered by LSC No. Azl-968/1983. The said application on being received came to be registered as Heirship Certificate Case No. 146/2023. Thereafter, the learned Senior Civil Judge-II, Aizawl, on consideration of the matter, proceeded to allow the said application vide an order dated 10.02.2023 and granted Heirship Certificate in respect of LSC No. Azl-968/1983 located at Bawngkawn Chhimveng, Aizawl, in the name of Late Lalsangliana in favour of the respondent, herein. In terms of the order dated 10.02.2023, the learned Senior Civil Judge-II, Aizawl, proceeded to issue a Heirship Certificate in the format as prescribed in Schedule 4 to the said Act of 2014 in favour of the respondent, in respect of LSC No. Azl-968/1983.

5. In terms of the Heirship Certificate as issued by the learned Senior Civil Judge-II, Aizawl, the Assistant Settlement Officer, Land Revenue & Settlement Department, Mizoram, on 22.01.2024; proceeded to correct the Register of Record of rights and granted Residential Land Settlement Certificate, under Section 32 of the Mizoram (Land and Revenue) Act, 2013 by recording the LSC No. Azl-968/1983 in favour of the respondent, herein. It was further noted in the Residential Land Settlement Certificate so issued, that same would supersede the previous certificate, issued in favour of Late Lalsangliana and Late Lalrosanga both sons of Late Lalramliana.

6. The appellants contend that while the said certificate was so issued by the learned Senior Civil Judge-II, Aizawl and also the follow up steps taken thereon, by the Assistant Settlement Officer, Land Revenue & Settlement Department, Mizoram, in favour of the respondent and issuance of Residential Land Settlement Certificate in his name, Lalrosanga was never made a party to such proceedings, although at that relevant point of time, he was very much alive. It is contended by the appellants that Late Lalrosanga had died on 20.02.2024 i.e., after the date when the said Heirship Certificate was so issued in respect of the respondent.

7. The appellants, being aggrieved by the impugned order dated 10.02.2023, passed by the learned Senior Civil Judge-II, Aizawl in Heirship Certificate Application No. 146/2023 and the consequential steps taken in pursuance thereof, has instituted the present proceeding.

8. The learned counsel for the appellants by reiterating the facts noticed herein above, has contended that the application as submitted by the respondent and which was registered as Heirship Certificate Application No. 146/2023, was so considered and allowed by the learned Senior Civil Judge-II, Aizawl, without issuance of any notice to any other int