LALDINGLIANI Vs. LALCHULLOVA

JUDGEMENT

(1.) Heard Mr. T. Lalnunsiama, learned counsel for the appellant/opposite party and Mr. C. Lalfakzuala, learned counsel for the respondent/probate petitioner.

(2.) This appeal is filed against the Judgment and Order dated 24.11.2017 passed by the Senior Civil Judge-IV, Aizawl District, Aizawl in Probate Case No. 8/2014 probating the Will dated 22.5.2013 said to have been executed by Sh. Thangvela (L) of Sairang, Aizawl District, Mizoram in favour of the respondent/probate petitioner. In the probate case, the instant appellant was the opposite party. For brevity and convenience, the appellant/opposite party and the respondent/probate petitioner will be hereafter referred to as the appellant and the respondent respectively.

(3.) The case of the respondent before the Probate Court was that he is the son of Sh. Thanmawia (L), who is the youngest amongst the three (3) brothers. His two (2) elder brothers are Sh. Hrangdawla (L) and Sh. Thangvela (L). On 22.05.2013, his elder brother Sh. Thangvela made a Will in his favour, naming him to be the successor to his landed property covered by LSC No.SR 6/1996. The Will was witnessed by Smt. Vanlalhumi and Sh. L. Thanga by appending their signatures and later on, Sh. Liandinga, the President of Sairang Village Council too appended his signature. Thus, by filing Probate Case No. 8/2014, the respondent sought probate of the saidWill.