Gauhati High Court
RFA/21/2026 of Sh. Ramfangzauva Vs Smt. Lalremliani on 12 October 2026
GAHC030004532026 THE GAUHATI
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GAHC030004532026
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RFA/21/2026
Sh. Ramfangzauva
S/o K. Zaneihthanga,
R/o Ramhlun South,
Aizawl, Mizoram
VERSUS
Smt. Lalremliani
D/o K. Zaneihthanga
R/o Ramhlun South,
Aizawl, Mizoram
Advocate for the Petitioner : Mr K Laldinliana Advocate for the Respondent : Mr. Lalrokunga Pautu
B E F O R E
HON’BLE MR. JUSTICE MICHAEL ZOTHANKHUMA
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ORDER
13.10.2026 Heard Mr. K. Laldinliana, learned counsel for the appellant who submits that his sister, the respondent had obtained the Heirship Certificate from the Civil Judge, Senior Division-IV, Aizawl, in Heirship Certificate Application No. 908/2021, without any notice being issued to him (brother) and without any Page No.# 2/2 evidence being adduced by the learned Court. On perusing the contents of the Trail Court Record, this Court finds that the application for issuance of Heirship Certificate in respect of the property left behind by the father of the appellant and the respondent, had been made without issuing notice to the appellant and without any evidence being adduced by the respondent. The above being in total violation of the principles of natural justice, this Court finds that the impugned Heirship Certificate issued vide Order dated 30.09.2021, in Heirship Certificate No.908/2021 is not sustainable. The impugned Order dated 30.09.2021 and the consequential Heirship Certificate issued to the respondent is hereby set aside. The case is remanded back to the learned District Court, who will take up the matter and decide the same after hearing all the parties. Let the case be listed before the concerned Court on 10.11.2026, on which date the parties shall appear before the concerned Court. The appeal is accordingly allowed. Send back the case record.
JUDGE Comparing Assistant