Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Mizo Customary Law – Inheritance – Right of divorced daughter/Unmarried Granddaughter |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | 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 granddaughter 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 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. |
Judge | Hon'ble Mr. Justice Bhushan Ramkrishna Gavai |
Neutral Citation | 2022 INSC 475 |
Petitioner | Smt. Kaithuami [l] Through L.rs. |
Respondent | Smt. Ralliani And Others |
SCR | [2022] 4 S.C.R. 978 |
Judgement Date | 2022-04-26 |
Case Number | 7159-7160 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |