Sakunjay Vyas
Published on: April 27, 2022 at 08:36 IST
The Two Judge Bench of Justice L. Nageswara Rao and Justice B R Gavai of the Supreme Court overturned the judgment of the Gauhati High Court, Aizawl Bench, vide which, the learned single judge of the High Court has allowed the said Second Appeal filed by the respondents herein and dismissed the crossobjection preferred by the appellants herein.
The Supreme Court recently ruled that under the Mizo Customary Law, inheritance depends on how responsibility to look after elders has been carried out by the Legal Heir.
That in the present case in hand after the death of the death of the father the divorced daughter came to take care of the mother and took care of her till the last breath and also performed the after death rituals. The grand-daughter too was eligible for inheritance. The District Court recognized rights of both the divorced daughter and the grand-daughter, and held to split the property. This decision was overturned by the High Court.
The contentions on the part of the Appellant:
- The High Court failed to take into consideration that under the Mizo Customary Law it is not only the rights which are inherited, but it is also the responsibilities which are inherited.
- That the inheritance depends upon the responsibilities discharged by a legal heir towards his/her parents in their old age.
The respondent vehemently opposed the appellant by contending:
- That according to Mizo Customary Law, Only the son will be the legal heir.
That the Apex Court relying on a previous decision of Gauhati High Court, stated that if the natural heir doest take care or support his elders he won’t be entitled to inheritance and at the same time the if a person supports the elderly till his death he can be entitled to inheritance.
“The Gauhati High Court, Aizawl Bench, speaking through Madan B. Lokur, C.J. (as he then was), in the case of Thansiami vs. Lalruatkima and ors. has also held that the inheritance depends upon the question as to whether a person supports the deceased in his old age or not.”
“It has been held that even if a natural heir does not support his parents, he would not be entitled to inheritance. It has further been held that even if there is a natural heir, a person who supports the person until his death could inherit the properties of that person.”, The Court said.
That the Apex Court, after going through all the material facts and evidence, stated that the view taken by the District Council Court, Aizawl, on second remand, is based on the consideration of equity and the responsibility of a legal heir to look after the elders in the family.
That the said view is also supported by the judgment of the Gauhati High Court, Aizawl Bench in the case of Thansiami vs. Lalruatkima and ors. (supra). We respectfully agree with the said view.
As a result, the Apex Court overturned the impugned Judgment of the the Gauhati High Court, Aizawl Bench and affirmed The judgment and order of the District Council Court, Aizawl.
