SMT. LALNUNTHARI Vs. SMT. LALHMACHHUANI AND ORS.

JUDGEMENT

(1.) AND ORDER (Oral) - Heard Mr. J.C. Lalnunsanga, learned counsel for the appellant as well as Mr. Rosangazuala Ralte, learned counsel who appears for the respondent No. 1. The respondent No. 2 is represented by Mr. C. Lalramzauva, learned senior counsel.

(2.) The case of the appellant briefly is that the respondent No. 1 had applied for Heirship Certificate on 21.06.2010 before the Magistrate First Class, Subordinate District Council Court, Champhai District, Champhai which was registered as Heirship Certificate Case No. 43/2010 claiming the property left behind by her late husband Sh. Hmingthansanga who passed away on 09.06.2010.

(3.) Against the Heirship Certificate case, the respondent No. 2 i.e. Smt. Hmingthanpuii, who is the sister of the deceased filed her written objection while making a counter claim to the properties left behind by the deceased. It was contended by the respondent No. 2 before the learned Trial Court that the Heirship Certificate applicant was not the legally wedded wife of the deceased and therefore, she cannot enjoy the status of his wife and let alone claim for the properties left behind by the deceased.