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MARLI VANKUNG
Dominic Lalfakawma S/o Chawngchuailova (L) – Appellant
Versus
K. Lalduhzuala S/o Lalremthanga Khiangte (L) – Respondent
JUDGMENT :
MARLI VANKUNG, J.
1. Heard Mr. Joseph Mangsuanhau, learned counsel for the appellant along with Mr. T. Lalnunsiama, learned counsel for the respondents.
2. This is a Regular Second Appeal filed against the Judgment & Order of the Court of Additional District Judge-I, District Court, Aizawl in RFA No. 24 of 2022 dated 31.07.2023, wherein, the learned appellate court dismissed the regular first appeal against the issuance of the Heirship Certificate No. 857 of 2021 dated 20.09.2021 to the present respondent No. 1, by the learned Sr. Civil Judge-II, Aizawl District.
3. The case of the appellant in a nutshell, is that the deceased Vanlaltanpuii and the appellant had executed a Gift Deed (Ram in pekna) dated 04.03.2021, wherein the deceased Smt. Vanlaltanpuii had given him the portion of the landed property covered under the LSC No. 470 of 1992 for the Rs. 1,00,000/- which he had given to the deceased Vanlaltanpuii to look after herself and for purchase of her medicines. However the Gift deed was not registered due to the Covid-19 Pandemic and the weak health condition of the deceased Vanlaltanpuii. That on the death of the deceased Smt. Vanlatanpuii on 27.08.2022, the appellant
The court established that an unregistered Gift Deed lacks legal validity and that only direct heirs have standing to contest Heirship Certificates under the applicable laws.
Possession of Land Settlement Certificates is conclusive proof of ownership, and procedural mislabeling does not affect the substantive justice in Heirship Certificate cases.
The principles of natural justice require that parties be given an opportunity to be heard before any order affecting their rights is made.
The validity of a Gift Deed requires proper execution as per applicable laws, including donor signatures or valid representation; failure to meet these requirements leads to nullity.
An unregistered gift deed does not confer title to real property, necessitating proper registration and the inclusion of all necessary parties in a suit for declaration.
The validity of a gift of ancestral property under Mitakshara Hindu Law can be voidable if made without consent from all coparceners, and challenges to such gifts may be barred by limitation.
The main legal point established in the judgment is the validity of a Will and gift deeds, the sufficiency of evidence to prove acceptance of a gift, and the requirement to establish suspicious circu....
A Kartha of a Hindu Joint Family cannot gift joint family property without the consent of other coparceners, rendering such a Gift Deed invalid.
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