SMT. KAITHUAMI [L] THROUGH L.RS. versus SMT. RALLIANI AND OTHERS

Citation: [2022] 4 S.C.R. 978 · Decided: 26-04-2022 · Supreme Court of India · Bench: L. NAGESWARA RAO · Disposal: Appeal(s) allowed

Judgment (excerpt)

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SUPREME COURT REPORTS
[2022] 4 S.C.R.
[2022] 4 S.C.R. 978
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SMT. KAITHUAMI [L] THROUGH L.RS.
v.
SMT. RALLIANI AND OTHERS
(Civil Appeal Nos. 7159-7160 of 2008)
APRIL 26, 2022
[L. NAGESWARA RAO AND B. R. GAVAI, JJ.]
Mizo Customary Law – Inheritance – Right of divorced
daughter/Unmarried Granddaughter – District Council Court
upon considering the factual matrix, particularly s. 109(3) and s.
109(10) of the Mizo Customary Law, observed that though as per
the Mizo Customary Law, it is the youngest son, who would be
entitled to inherit the property of his father; there is an ample
scope for distribution of the property in a fair and reasonable
manner – The District Council Court further found that under the
Mizo Customary Law, inheritance also depends upon the
responsibilities carried out by the legal heir – It was found that
the son was looking after his widowed mother – However, after
his death, appellant No.4 (divorced daughter) came back to her
original home to look after her aged mother – The provision of
Mizo Customary Law relating to ‘divorced’ (Hringkir) in the matter
of inheritance would apply to her and her right to inheritance of
her father’s properties subsists by virtue of her being divorced
(Hringkir) and coming back to the original family for looking
after the mother – Appellant No.4 looked after her mother till her
death and also discharged the responsibility of erecting ceremonial
tombstone for her mother – District Council Court found that since
appellant No.4 had discharged her responsibility of looking after
her mother till her death and was occupying the main bed and
reassuming her father’s clan title ‘Hahu’, her right to inherit her
father’s properties could not be defeated – It further found that
on the other hand respondent No.3 though a female, was grand-
daughter from the male lineal descent of deceased – She was
unmarried and purely a ‘Hahu’ in the line of P.S. Dahrawka – It
found that her right to inheritance in the instant dispute was
safeguarded by the Customary Law in the absence of descendants
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having a better right for the purpose – The District Council Court
therefore found that taking into consideration the principle of Mizo
Customary Law of Inheritance and the spirit of equity, which is
paramount to Mizo Customary Law, it was appropriate that the
property be divided between appellant No.4 and respondent No.3
– The view taken by the District Council Court, on second remand,
was based on the consideration of equity and the responsibility of
a legal heir to look after the elders in the family – High Court was
not justified in reversing the order of District Council Court.
Allowing the appeals, the Court
HELD: 1. The District Council Court, Aizawl, on second
remand, upon considering the factual matrix, particularly Section
109(3) and Section 109(10) of the Mizo Customary Law, observed
that though as per the Mizo Customary Law, it is the youngest
son, who would be entitled to inherit the property of his father;
there is an ample scope for distribution of the property in a fair
and reasonable manner. The District Council Court, Aizawl has
found that in case of a rich father, the property can be divided
proportionately amongst the sons. The District Council Court
further found that insofar as the female members of the family,
who are already married and living in separate households are
concerned, they are not entitled to any share. The District
Council Court further found that under the Mizo Customary
Law, inheritance also depends upon the responsibilities carried
out by the legal heir. It has been found that till his death,
Thanhnuna was looking after his mother. However, after his
death, Thansangi Huha (appellant No.4) came back to her original
home to look after her aged mother Kaithuami. It was found
that the provision of Mizo Customary Law relating to ‘divorced’
(Hringkir) in the matter of inheritance would apply to her and
her right to inheritance of her father’s properties subsists by
virtue of her being divorced (Hringkir) and coming back to the
original family for looking after the mother. The District Council
Court found that Thansangi Huha looked after her mother till
her death and also discharged the responsibility of erecting
ceremonial tombstone for her mother. The District Council
SMT. KAITHUAMI [L] THROUGH L.RS. v. SMT. RALLIANI AND
OTHERS
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Court also found that after exclusion of 

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