- Contrary to most customary laws governing the inheritance in our country, the Mizo customary law stands out as being the one where a natural heir who does not take the responsibility of his aged parents, is not entitled to inherit their property. Moreover, a person who takes care of and supports a person till his death, could inherit the property of the deceased, even if a natural heir is present.
- In the instant case of Smt. Kaithuami vs Smt. Ralliani the Apex Court has observed that under the Mizo customary law, inheritance depends upon the responsibility discharged by a legal heir to look after the elders in the family.
- In this case, PS Dahrawka died in 1978, leaving behind his wife Kaithuami, his son Thanhnuna and seven daughters who were already married and living with their families. After his death, his youngest daughter Thansangi Huha divorced and came to live with her mother Kaithuami in January, 1997. The son, Thanhnuna had died in 1996, leaving behind his widow Ralliani and two daughters, Laldinpuii and Lalmuanpuii.
- The District Court had held that the property of the deceased had to be divided between Thansangi Huha and Lalmuanpuii. It was found that since Thansangi Huha had discharged her responsibility to look after her mother till her death, her right to inherit her father’s property could not be defeated.
- The HC, on the other hand, held that it was only the daughters of Thanhnuna who were entitled to inherit the properties, to the exclusion of the appellants. Aggrieved, the present appeal was filed before the Apex Court.
- It was contended before the Hon’ble Court that the HC had failed to consider that under the Mizo customary law it is not only the rights which are inherited, but also the responsibilities. The inheritance depends upon the discharge of these responsibilities towards the aged parents.
- The Apex Court referred to the decision of the Gauhati HC in the case of Thansiami vs Lalruatkima and ors (2012) wherein it was held that inheritance depends upon the question as to whether the person supports the person in his old age or not. It was held that if a natural heir does not support his parents, he would not be entitled to inheritance. It was also 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.
- Thus, the appeal was allowed and it was held that the HC was not justified in reversing the well reasoned judgement of the District Court. The decision of the District Court was thus confirmed.
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