SAMMY LALMAWIA S/O L THUAMLIANA Vs. LALHMINGMAWII
LAWS(GAU)-2018-1-62
HIGH COURT OF GAUHATI
Decided on January 24,2018

Sammy Lalmawia S/O L Thuamliana Appellant
VERSUS
Lalhmingmawii Respondents

JUDGEMENT

Michael Zothankhuma, J. - (1.) Heard Mr. C. Lalfakzuala, counsel for the petitioner who submits that on the death of his father Sh. C. Lalthuamliana, the respondent No. 1, who is the elder sister of the petitioner applied for Heirship Certificate in the Court of the learned Civil Judge-II, Aizawl in respect of LSC No. 477/1980, located at Mission Veng, Aizawl and ALS No. W-1 of 1994 located at Tiau kam (Melbuk Kai), Tuinghachhuan Ram located in Champhai District.
(2.) The petitioner's counsel submits that the said two properties were in the name of his father. He further submits that the learned Civil Judge-II, Aizawl without issuing a notice on the said Heirship Certificate application submitted by the respondent No. 1, Heirship Certificate was granted to the respondent No. 1.
(3.) The petitioner's counsel submits that in view of the fact that the learned Civil Judge-II, Aizawl did not have territorial jurisdiction to issue a Heirship Certificate in respect of land, located in Champhai administrative district, the Heirship Certificate granted to the petitioner vide Order dated 13.10.2017 in Heirship Certificate Case No. 1756/2017 should be set aside. He further submits that the learned Civil Judge-II, Aizawl did not take into consideration The Mizo Marriage, Divorce & Inheritance of Property Act, 2014 while passing the Order dated 13.10.2017.;


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