Inheritance under Mizo Customary Law Depends On Responsibility Carried Out By Legal Heir to Look After Elders
Case: Smt. Kaithuami [L] vs Smt. Ralliani
Coram: Justices L Nageswara Rao and B R Gavai
Case No.: CA 7159-7160 OF 2008
Court Observation: “even if a natural heir does not support his parents, he would not be entitled to inheritance and 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 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. 19. We therefore find 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. 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.
Previous Posts
Mere Filing Of Representation Before Authorities Does Not Extend Limitation Period: Supreme Court
Highest Bidder Has No Vested Right To Have The Public Auction Concluded In His Favour: Supreme Court
India A Secular Country, A Religious Group In Majority Can’t Resist Other Community’s Fundamental Right To Hold Religious Processions, Festivals Download Judgement
Keywords
Mizo Customary Law
