LALHUZAUVA Vs. NGURKHUMI

JUDGEMENT

(1.) A proceeding was initiated by the appellant for grant of probate of the 'Will' dated 02.02.2007 and 17.12.2009 as executed by Rohnuni, W/o Lalmangteka Sailo(L), Sihphir, Vengthar, being Probate Case No.1/2012 in the court of the Senior Civil Judge, Aizawl, Mizoram.

(2.) It appears from the pleadings that the proceeding was initiated in the Court of the District Judge, being Probate Case No.2/2011, which was subsequently transferred to the court of the Addl. District Judge for trial and disposal. The respondents herein, by filing the written statement in the said probate case, stated that the testator was from the Mizo tribe and the plaintiff and the defendants are also governed by the Mizo Hnam Dan and execution of the 'Wills' and probate of the 'Wills' are only governed by the Mizo District (Inheritance of Property) Act, 1956.

(3.) As per Section 11 of the Mizo District (Inheritance of Property) Act, 1956, the Subordinate District Council Courts have jurisdiction to grant or revoke probate in all cases. The provisions of Sections 12, 13, 14, 15, 16, 17 and 18 of the said Act provide about how the Subordinate District Council Courts shall probate the will.