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[Cites 6, Cited by 0]

Delhi District Court

Mr. Ram Chand vs State on 9 May, 2013

  IN THE COURT OF SH. TARUN YOGESH, ADMINISTRATIVE 
    CIVIL JUDGE, NEW DELHI DISTRICT, PATIALA HOUSE 
                  COURTS, NEW DELHI.


SUCCESSION CASE NO. 03/13

           Mr. Ram Chand 
           S/o Late Sh. Satish Chand Jain                                                   ....................Petitioner
           R/o  1,  Babar Road, New Delhi 110001
                                     Versus
1.         State 
2.         Dr. (Mrs.) Kusum S. Chand
           W/o Late Sh. Satish Chand Jain
           R/o  1,  Babar Road, New Delhi 110001
3.         Mrs. Lakshmi S. Chand
           W/o Mr. Rahoul Bir Singh
           D/o  Late Sh. Satish Chand Jain
           R/o C­320, Defence Colony, New Delhi                                             ........... Respondents 

PETITION   FOR   GRANT   OF   SUCCESSION   CERTIFICATE   UNDER 
SECTION 372 OF THE INDIAN SUCCESSION ACT, 1925. 


Date of Institution of the petition                                                         :          27.02.2013
Date on which Judgment was reserved                                                         :          09.05.2013 
Date of Pronouncement of Judgment                                                           :          09.05.2013

                                JUDGMENT

1. The present succession petition has been filed by petitioner Mr. Ram Chand seeking grant of succession certificate u/s 372 of the Indian Succession Act, 1925 (hereinafter referred to as "the Act") in respect of 500 shares of Kotak Mahindra Bank Ltd. under Registered Folio No. KMF050269, attached with the petition as Annexure B, claiming himself SUCCESSION CASE NO. 03/13 RAM CHAND VS. STATE Page No. 1/5 to be the son/ Class I heir of deceased late Sh. Satish Chand Jain.

2. Petitioner has impleaded State as respondent no. 1, his mother Dr. (Mrs.) Kusum S. Chand W/o Late Sh. Satish Chand Jain as respondent no. 2 and his sister Mrs. Lakshmi S Chand, daughter of late Sh. Satish Chand Jain as respondent no.3.

3. The petition has been filed on 27.02.2013 and has been assigned to the court on the same day. After filing of petition, notice of filing of petition has been served upon respondents and court has also directed for publication of notice of filing of succession petition in the daily newspaper "The Statesman" having circulation in the National Capital Territory of Delhi for inviting objection if any from general public. Notice of filing of succession petition has been published in daily newspaper "The Statesman", issue dated 20.03.2013 and no objection to the grant of succession certificate in favour of petitioner has been received from general public. Respondent no. 2 and 3 have appeared on service of notice alongwith their counsel, Adv. Sh. Sahil Chawla and filed their statements on judicial record alongwith vakalatnama of learned counsel.

4. In their joint written statement filed on record, respondents no. 2 and 3 have admitted the averments made by petitioner in paras no. 1 to 8 of the petition and have stated that they have no objection if succession SUCCESSION CASE NO. 03/13 RAM CHAND VS. STATE Page No. 2/5 certificate with respect to the 500 (Five Hundred Only) shares of Kotak Mahindra Bank Ltd. under Registered Folio No. KMF050269 of late Sh. Satish Chand Jain as detailed in para no. 4 of the petition is granted in favour of petitioner Mr. Ram Chand.

5. Statements of respondent no. 2 and respondent no. 3 has been recorded on oath in court on 08.04.2013 wherein they have stated that they have no objection if the succession certificate is granted in favour of petitioner and have referred to the copy of their PAN Card and Election I Card as Ex P­1 and Ex P­2 (OSR).

6. Petitioner Mr. Ram Chand has examined himself as PW­1 and tendered his affidavit, marked on record as Ex PW1/A, bearing his signatures at Point A and B, in his evidence. He has deposed that the contents of his affidavit are correct and referred to documents i.e. death certificate of deceased late Satish Chand S/o Deep Chand, recording the date of death of deceased as 11.12.1993, duly certified by the office of Sub­Registrar (Birth and Death), South Zone, Green Park, Municipal Corporation of Delhi as Ex PW 1/1 , letter of Karvy Computer Share Pvt. Ltd. dated 27.02.2012 addressed to petitioner as Ex PW 1/2, computer generated copy of the market value of shares of Kotak Mahindra Bank Ltd. mentioning the value of per share as Rs.643.50 as reflectd in the website of National Stock Exchange of India Ltd. on 15.04.2013, total value of 500 shares being Rs.3,21,750/­ as on SUCCESSION CASE NO. 03/13 RAM CHAND VS. STATE Page No. 3/5 15.04.2013 as Ex PW 1/3 and certificate under Section 65B of the Indian Evidence Act 1872 as Ex PW 1/4.

7. Final arguments/submissions has been addressed by learned Counsel Sh. Prabhakar Pandey in the pre­lunch session today and matter has been reserved for passing of order/ judgment at 02:00 pm today.

8. Section 373 sub­section (3) of the Indian Succession Act, 1925 provides:­ 'If the Judge cannot decide the right to the certificate without determining questions of law or fact which seem to be too intricate and difficult for determinatin in a summary proceedings, he may nevertheless grant a certificate to the applicant if he appears to be the person having prima facie the best title thereto.'

9. From the averments made in the petition filed under Section 372 of the Indian Succession Act, 1925, joint written statement of respondents no. 2 & 3 filed on record and their statements recorded on oath, there is no objection to the grant of Succession Certificate in respect of 500 shares of Kotak Mahindra Bank Ltd. under Registered Folio No. KMF050269 in favour of petitioner Mr. Ram Chand. Despite publication of notice of filing of succession petition in daily newspaper "The Statesman" on 20.03.2013, no objection to the grant of succession certificate in favour of petitioner has been received from any quarter. Hence, I am of the considered opinion that respondent no. 2 & 3 having SUCCESSION CASE NO. 03/13 RAM CHAND VS. STATE Page No. 4/5 stated on oath that they have no objection to the grant of succession certificate in favour of petitioner and petitioner Mr. Ram Chand being son and Class I heir of deceased late Satish Chand Jain who has died intestate, there is no impediment to the grant of succession certificate in respect of 500 shares of Kotak Mahindra Bank Ltd. under Registered Folio No. KMF050269, per share valued Rs.643.50, as reflectd in the website of National Stock Exchange of India Ltd. on 15.04.2013, total value of 500 shares being Rs.3,21,750/­ as on 15.04.2013.

10. Accordingly succession petition filed by petitioner Mr. Ram Chand under Section 372 of the Indian Succession Act, 1925 is allowed and succession certificate be issued to petitioner Mr. Ram Chand in respect of 500 shares of Kotak Mahindra Bank Ltd. under Registered Folio No. KMF050269, total value of 500 shares being Rs.3,21,750/­ on filing of court fee of Rs. 8043.75 in terms of Article 12, Schedule I of the Court Fee Act 1870 as applicable to Delhi alongwith indemnity bond in the sum of Rs.3,21,750/­with one surety in the like amount. The petition is accordingly disposed off. Case file be consigned to record room.

Announced in the open court on 09.05.2013.

(Tarun Yogesh) Administrative Civil Judge Patiala House Courts New Delhi : 09.05.2013 SUCCESSION CASE NO. 03/13 RAM CHAND VS. STATE Page No. 5/5 SUCCESSION CASE NO. 03/13 RAM CHAND VS. STATE Page No. 6/5 SUCCESSION CASE NO. 03/13 RAM CHAND VS. STATE Page No. 7/5