The court is examining the validity of a Heirship Certificate obtained by one sibling without the knowledge of another, specifically addressing the adequacy of notice via newspaper publication.

Linked Case : I.A.(Civil)/142/2025

Smt. Lalrinsangi

D/o Lalsanga (L)

R/o House No. 81

Dawrpui Vengthar

Aizawl

Mizoram

VERSUS

Sh. P.C. Lalmalsawma

S/o Lalsanga (L)

R/o Dawrpui Vengthar

Aizawl

Mizoram

Advocate for the Petitioner : Mr. Lalfakawma

Advocate for the Respondent :

ORDER

Heard Mr. T. Lalzekima, learned counsel for the appellant, who submits that by filing this appeal, the appellant has challenged the order dated 20.07.2018 passed by the Court of Senior Civil Judge – III in Heirship Certificate No. 868/2018 and also the Heirship Certificate issued to the respondent in terms of the order.

The learned counsel submits that the appellant and the respondent are siblings and their mother expired on 20.10.2007. He submits that the appellant was living with their mother at the time of her death and looking after her, whereas the respondent was settled in a different locality with his family. After the death of their mother, the respondent moved into the main house where the appellant was living with their mother and obtained the Heirship Certificate.

The learned counsel submits that although newspaper publication was done prior to the issuance of the Heirship Certificate but the appellant was not in the knowledge of such application.

Considering the above, let notice be issued returnable by 3 (three) weeks. The appellant to take steps for service of notice upon the sole respondent.

The appellant is permitted to serve notice upon the respondent by way of dasti through the registry of this Court within ten (10) days from today.

The appellant shall then file an affidavit as proof of service.

List the matter again after 3 (three) weeks.