Inheritance Under Mizo Customary Law Depends On Responsibility Carried Out By Legal Heir To Look After Elders : Supreme Court

The Supreme Court observed that the inheritance under Mizo customary law depends upon the responsibility carried out by a legal heir to look after the elders in the family.

The bench comprising Justices L. Nageswara Rao and B R Gavai agreed with the view taken in a 2012 judgment of Gauhati High Court that under Mizo customary law "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 bench noted thus while allowing an appeal filed against the Gauhati High Court judgment.

Background

P.S. Dahrawka died on 5th March, 1978. At the time of his death, he was survived by his wife Kaithuami, only son Thanhnuna and seven daughters. All the daughters were married and living with their respective families. After his death, his youngest daughter, Thansangi Huha (appellant No.4 ), was divorced and came to live with her mother Kaithuami in January, 1997. The son Thanhnuna, who died in the year 1996, was survived by his widow Ralliani and two daughters, namely, Laldinpuii and Lalmuanpuii (respondents). 

In this case, the District Council Court had held that the property of the deceased has to be divided between Thansangi Huha (appellant No.4 and Lalmuanpuii (respondent No.3). It found that since Thansangi Huha (appellant No.4 herein) had discharged her responsibility of looking after her mother till her death, her right to inherit her father's properties could not be defeated. The Gauhati High Court, allowing the second appeal, held that it is only the respondent Nos. 2 and 3 herein being legal heirs of Thanhnuna, who were entitled to the rights in the property to the exclusion of the appellants herein.

Responsibility of a legal heir to look after the elders in the family.

In appeal before the Apex Court, the appellants had contended that 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. They contended that the inheritance depends upon the responsibilities discharged by a legal heir towards his/her parents in their old age. On the other hand, the respondent contended that that according to Mizo Customary Law, Thanhnuna being the only son was the only legal heir of his late father P.S. Dahrawka.

Taking note of the factual aspects of the case, the Apex Court bench noted that the District Council Court had taken into consideration the principle of Mizo Customary Law of Inheritance and the spirit of equity. Therefore allowing the appeal, the bench observed:

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

Case details

Smt. Kaithuami [L] vs Smt. Ralliani 2022 LiveLaw (SC) 412 | CA 7159­-7160 OF 2008 | 26 April 2022

Coram: Justices L Nageswara Rao and B R Gavai

Counsel: Adv Robin Ratnakar David for appellants and Adv Pragyan Pradeep Sharma for respondents

Headnotes

Mizo Customary Law - Inheritance - Inheritance depends upon the responsibility carried out by a legal heir to look after the elders in the family - It depends upon the question as to whether a person supports the deceased in his old age or not - Even if a natural heir does not support his parents, he would not be entitled to inheritance - Even if there is a natural heir, a person who supports the person until his death could inherit the properties of that person. [Referred to (2012) 2 Gauhati Law Reports 309 ] (Para 18-19) 

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