Delhi District Court
Smt. Veena Sharma vs The State (Govt Nct Of Delhi) on 4 March, 2023
IN THE COURT OF SH. MAYANK MITTAL,
ACJ-CCJ-ARC(EAST), KARKARDOOMA COURTS,
DELHI
Petition No.: SC- 143/21
IN THE MATTER OF:
Smt. Veena Sharma
W/o Late Sh. Mittar Pal Sharma,
R/o H No C-123, Parshvanath Apartment,
I P Extn, Patparganj, Delhi-110092 ... Petitioner
VERSUS
1. The State (Govt NCT of Delhi)
Through Chief Secretary
New Secretariat, Near ITO,
New Delhi
2. Rahul Sharma
S/o Late Sh. Mittar Pal Sharma
3. Gaurav Sharma
S/o Late Sh. Mittar Pal Sharma
Both Residents of:-
H NO. C-123, Parshvanath Apartment,
I P Extn, Patparganj, Delhi-110092
4. Alankit Assignments Ltd
Through its Director,
At: 1E/13, Ground floor,
Jhandewalan Extension,
New Delhi-110055
5. Jila Sahakari Kendriya Bank MYDT, Vidisha,
At: 44, Savarkar Path, Vidisha,
Madhya Pradesh-464001 ..Respondents
SC 143/21
Page No. 1/4
DATE OF INSTITUTION : 27.09.2021
DATE OF RESERVING THE ORDER : 04.03.2023
DATE OF DECISION : 04.03.2023
PETITION U/S 372 OF INDIAN SUCCESSION ACT
JUDGMENT
1. The present petition has been filed under section 372 of the Indian Succession Act, 1925 by Smt. Veena Sharma (hereinafter called petitioner) for a Succession Certificate in respect of shares and saving account maintained with Alankit Assignments Ltd, At: 1E/13, Ground floor, Jhandelwalan Extension, New Delhi-110055 and Jila Sahakari Kendriya Bank Mydt, Vidisha, 44, Savarkar Path, Vidisha, Madhya Pradesh- 464001 existing in the name of her deceased husband Sh. Mittar Pal Sharma who is stated to be expired on 29.04.2021 in Delhi.
2. The petitioner is governed by Hindu Law.
3. The Notice of the present petition was given to the State by way of publication for the knowledge and awareness of general public in the newspaper 'Veer Arjun'. However, nobody from the general public has filed any objection to the present petition.
4. Transcation statement received from Alankit Assignments Ltd, At: 1E/13, Ground floor, Jhandelwalan Extension, New Delhi-110055 as per which bearing client ID No. 10459507 for an amount of Rs. 17,32,615.15/- and a letter filed by Ld counsel for the plantiff from Jila Sahakari Kendriya Bank Mydt, Vidisha, 44, Savarkar Path, Vidisha, Madhya Pradesh- 464001 bearing account no. 175001503575 for an amount of Rs.
SC 143/21 Page No. 2/4 203449/- exisiting in the name of deceased Sh. Mittar Pal Sharma.
5. To prove her case, the petitioner examined herself as PW1. It is seen that the petitioner proved the death of her deceased husband by producing copy of his death certificate is Ex PW-1/1. The copy of identity proof i.e Aadhar Card is Ex PW-1/2.
Official from the office of SDM Office, Preet Vihar who has already filed report of surviving member certificate.
6. Further respondent no. 2 and 3, the other class-I legal heirs of the deceased also gave their no objection with respect to the grant of succession certificate in favour of the petitioner.
7. Based on the deposition of PW1, no objection given by respondent no. 2 and 3 and supported by the documents relating to the shares and saving account existing in the name of deceased, there is no reason for the court to doubt that the petitioner is entitled to the issuance of a Succession Certificate qua the balance amount.
8. Since the last place of residence of the deceased namely Sh. Mittar Pal Sharma is reflected to be within the territorial jurisdiction of this court, there is no bar to the grant of relief on the ground of jurisdiction.
9. The court finds no impediment to the grant of Succession Certificate to the petitioner.
10. Thus, the present petition is allowed and succession certificate is ordered to be issued in favour of the petitioner with respect to the amount of Rs. 17,32,615.15/- and Rs. 203449/- lying in shares and saving account maintained with Alankit Assignments Ltd, At: 1E/13, Ground floor, Jhandelwalan Extension, New Delhi-110055 and Jila Sahakari Kendriya Bank SC 143/21 Page No. 3/4 Mydt, Vidisha, 44, Savarkar Path, Vidisha, Madhya Pradesh- 464001 and bearing client ID and saving account no. 10459507 and 175001503575 and any future interest as may accrue and existing in the name of her deceased husband Sh. Mittar Pal Sharma.
11. Let requisite court fee and an indemnity bond with one surety of like amount be furnished within 15 days.
12. File be consigned to Record Room.
Announced in open Court MAYANK MITTAL
Delhi Dated 04.03.2023 ACJ-CCJ-ARC(EAST)
KKD Courts/Delhi
SC 143/21
Page No. 4/4