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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MARLI VANKUNG, J.
Lalhlimpuii Venghlui/College Veng – Appellant
Versus
Laltanpuia, Venghlui, Aizawl – Respondent
JUDGMENT :
(MARLI VANKUNG, J.)
Heard Mr. C. Zoramchhana, learned counsel for the appellant along with Mr. Lalfakawma, learned counsel for the respondents.
2. This is an appeal filed under Section 17 of the Mizoram Civil Courts Act, 2005 read with Section 96 of the Civil Procedure Court, 1908 against the Judgment & Order dated 15.12.2021, passed by the learned Senior Civil Judge-II, Aizawl in Probate Case No. 8 of 2015.
3. The case of the appellant is that the learned Trial Court has erred in not probating the ‘Will’ executed on 28.10.2018, left by her late mother Smt. Lallawmi and for dismissing the same on the grounds that the said ‘Will’ was not maintainable for want of compliance with Sections 9 & 17(e) of The Mizo District (Inheritance of Property) Act, 1956, whereas the relevant Act applicable is The Mizo Marriage, Divorce and Inheritance of Property Act, 2014.
4. The fact of the case in a nutshell is that the appellant is one of the legatee of the ‘Will’ executed on 28.10.2012 said to be left behind by her mother Smt. Lallawmi (L), who died on 03.05.2013, in respect of LSC No. 312/1973 located at Venghlui, Aizawl, Mizoram. In the said ‘Will’, the deceased Smt. Lallawmi(L) had bequ
The applicable law for probate applications is determined by the law in force at the time of filing, not the law at the time of the testator's death.
The jurisdiction of a Probate Court is limited to assessing the genuineness and execution of a Will; it cannot adjudicate rights or title to property.
The court held that a grant of probate can be revoked if the procedure was defective, especially if necessary parties were not cited, emphasizing the jurisdictional limitations of testamentary procee....
An executor has the right to object to eviction proceedings regardless of the probate status of the Will, ensuring protection of the testator's estate, per the provisions of the Indian Succession Act....
An executor derives legal authority from a Will upon the testator's death, allowing a substituted plaintiff with vested interests under the Will to pursue litigation, regardless of the pending probat....
The right to apply for probate is continuous and not strictly bound by a time limit, provided the execution and attestation of the will are established following legal requirements.
Onus is discharged by the propounder adducing prima facie evidence proving the competence of the testator and execution of the 'will' in the manner contemplated by law.
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