Back
MARLI VANKUNG
T. C. Thanzuala – Appellant
Versus
T. Lalthakima – Respondent
JUDGEMENT :
(MARLI VANKUNG, J.)
Heard Ms. Jacinta Zothanmawii, learned counsel for the appellant along with Mr. T. Lalzekima, learned counsel for the respondent.
2. The instant Regular First Appeal is filed against the Order dated 22.02.2022 in Heirship Certificate Case No. 281/2022, wherein the learned Court of Civil Judge (Senior Division) had issued the Heirship Certificate No.281/2022 to the respondent.
3. Ms. Jacinta Zothanmawii, learned counsel for the appellant submits that the Order dated 22.02.2022 passed by the learned Civil Judge (Senior Division), Aizawl Judicial District and the Heirship Certificate No. 281/2022 are liable to be set aside, since the application for issuance of the Heirship Certificate was filed by the respondent on 22.02.2022 and the learned Trial Court had allowed the application vide its Order dated 22.02.2022 and issued the Heirship Certificate No. 281/2022, without issuing any notice and without giving any chance to the appellant to file their written statement and without being given any opportunity of being heard. The learned counsel submitted that the deceased Thanthuami had executed a Will, wherein the appellant
The principles of natural justice require that parties be given an opportunity to be heard before any order affecting their rights is made.
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.
Point of Law : Surviving husband of the deceased has rightly made the application for issuing the Heirship Certificate in the name of his only daughter.
Importance of providing both parties with a fair and equal opportunity to contest applications for Succession Certificate.
The court affirmed that a valid legal heirship certificate and clear reference in a Will are essential for claiming compensation for acquired land, which the petitioner failed to establish.
Issue as to whether the property involved is beyond the pecuniary jurisdiction of the Civil Judge or not can be raised before the Civil Court and considered after affording opportunities to the rival....
Legal heirship certificates cannot be issued for claims exceeding ₹5,000 when disputes among heirs exist; certification must align with applicable laws and guidelines.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
