LALRAMHLUNA AND OTHERS Vs. LUNGTIAWII AND OTHERS

JUDGEMENT

(1.) AND ORDER - Both these second appeals have been preferred against the judgment and order rendered by the Additional District Judge, Aizawl in RFA No. 33/2011.

(2.) The appellants herein, were the respondents in the Probate Case No. 3/2002 before the Civil Judge, Aizawl District. The respondent No. 1, Ms. Lungtiawii was the petitioner in the said probate petition. The respondent No. 1 filed an application under Section 17 of the Mizo District (Inheritance of Properties) Act, 1956 (hereinafter referred to as the Act of 1956) for granting probate in respect of an WILL executed by Late Lalzuiliani on 18.07.1995 in favour of the respondent No. 1 (petitioner in probate case No. 3/2002). It was the pleaded case of the respondent No. 1 in the probate petition, that late Lalzuiliani made an WILL in favour of the respondent No. 1 in respect of the property mentioned in the WILL (Ext.P/1), which comprised of the house property covered by LSC (Land Settlement Certificate) No. 3528/86, agricultural property covered by Garden Pass No. 51/80 and shop covered by Stall Pass No. 45/80. It has been stated that the WILL was written by the testator herself and was duly executed as per the provision of the Act of 1956.

(3.) The predecessor of the appellants in RSA No. 8/2012 Sh. Lalkhuma raised objection against granting of probate by filing a written statement. The case of the objector in the written statement was that the WILL was not executed by the alleged testator and it was a fabricated document created in connivance with the attesting witnesses. It was also contended in the written statement that the testator did not have any right or title over the property of the WILL and therefore, the WILL was not valid.