Delhi District Court
Anita Walia vs The State (Nct Of Delhi) on 11 May, 2023
IN THE COURT OF MS. DIVYA MALHOTRA, ADMINISTRATIVE
CIVIL JUDGE/ADDITIONAL RENT CONTROLLER:
NORTH-WEST DISTRICT: ROHINI COURTS: DELHI.
Succ. Court 141/2021
CNR No. DLNW030017692021
Date of Filing : 20.09.2021
Date of Final Arguments : 16.03.2023
Date of Judgment : 11.05.2023
Final Order : Petition allowed.
In the matter of:
1. Anita Walia
W/o Late Bal Krishan Walia
R/o D-6, 376/1, Sector-6, Rohini
Delhi - 110085.
............Petitioner
VERSUS
1. The State (NCT of Delhi)
Through its Principal Secretary
Delhi Secretariat, New Delhi
2. Gagan Walia
S/o Late Bal Krishan Walia
R/o D-6, 376/1, Sector-6, Rohini
Delhi - 110085.
3. Poornima Talwar
D/o Late Bal Krishan Walia
R/o Pocket F/4, Flat No.192, Sector-16 Digitally signed
Rohini, Delhi. by DIVYA
MALHOTRA
DIVYA
Date:
MALHOTRA 2023.05.11
16:00:06
+0530
SCC No. 141/21 Anita Walia V/s State & Others Page No. 1/7
4. Alankit Assignment Limited
Record Keeper
Office At I-E 13, Ground Floor, Jhandewalan Extension
New Delhi - 110085.
5. HDFC Bank
Branch at A-32, 33,34, Northex Mall,
Rohini, Sector-9, New Delhi - 110085.
6. Corporation Bank / Union Bank
Record Keeper,
Block AM-10,
Near DAV School Shalimar Bagh,
New Delhi - 110088. ..........Respondents
JUDGMENT ON PETITION UNDER SECTION 372 OF THE INDIAN SUCCESSION ACT
1. The present petition has been filed by the petitioner under Section 372 of Indian Succession Act, 1925, seeking issuance of succession certificate with respect to amount available in account No. 13471000035160 and 02721000086415, HDFC Bank, Northex Mall, Sector-9, Rohini, Delhi; Account no. 520101020690289, Corporation Bank/ Union Bank, Shalimar Bagh, Delhi-110085 and holdings as per account having Client ID No. 10676773 with Alankit Assignments (hereinafter referred to as "assets") left behind by her deceased husband Late Bal Krishan Walia (hereinafter referred to as "deceased").
2. Bal Krishan Walia expired on 03.05.2021 and at that time he was ordinarily residing at D-6, 376/1, Sector-6, Rohini, Delhi- 110085. It is stated that there is no impediment to the grant of SCC No. 141/21 Anita Walia V/s State & Others Page No. 2/7 succession certificate under the Succession Act.
3. After filing of present petition, notice was issued and general public was served through publication in daily newspaper 'Veer Arjun', Hindi edition dated 04.04.2022, to invite objections from the public at large to the grant of succession certificate to the petitioner but none appeared from general public to oppose or contest the present petition.
4. A report regarding LRs of deceased has also been received from the office of Executive Magistrate, Rohini as per which Anita Walia (wife), Gagan Walia (son) and Purnima Talwar (daughter) are the only legal heirs of the deceased Bal Krishan Walia.
5. During the summary proceedings conducted as per Section 372 of the Indian Succession Act,1925, six witnesses were examined.
6. PW-1/ Petitioner Anita Walia tendered her evidence by way of affidavit i.e. Ex.PW1/A, testifying that she is the wife of the deceased. She further testified that no Will was executed by her husband in respect of property in question. She further testified that there are only three legal heirs of the deceased i.e. herself and respondents no. 2 and 3, who have already given their NOCs in her favor. PW-1 relied upon the following documents:
S. No. Documents Exhibit
1 Copy of Death Certificate of deceased Mark A (colly)
alongwith Surviving Member Certificate
SCC No. 141/21 Anita Walia V/s State & Others Page No. 3/7
2 Copy of passbooks maintained with Mark B (colly)
HDFC Bank, Sector-9, Delhi and
Corporation Bank, Sector-6, Rohini,
Delhi and statement of share holdings of
the deceased
3 Copy of her Adhar Card Ex. PW-1/A
7. RW-1/Respondent No. 2 Gagan Walia and RW-2/
Respondent No. 3 Purnima Talwar tendered their respective NOCs/Affidavits Ex. RW1/A and Ex. RW2/A testifying that the deceased was their father and that no Will was executed by him during his lifetime in respect of his assets. They further testified that except the petitioner and themselves, there were no other legal heirs of the deceased. They testified that they do not have any objection if the succession certificate is issued in favor of the petitioner who is their mother. They also relied upon copy of their respective Aadhar cards i.e. Ex. RW-1/1 (OSR) and Ex. RW-2/1.
8. RW1-A Namami Shankar Dwivedi, Chief Manager, Union Bank of India, Shalimar Bagh, Delhi (inadvertently examined as RW-1) produced the statement of account Ex. RW1/1 in respect of the account number 520101020690289 of the deceased and deposed that an amount of Rs. 12.11/- was available in the said account as on 02.01.2022 and that there is no nominee in respect of the said account.
9. RW2-A Deepak Kumar, Deputy Manager, HDFC, Northex Mall, Sector-9, Rohini, Delhi (inadvertently examined as RW-2) produced the statements of account Ex. RW2/1 and Ex. RW2/2 in SCC No. 141/21 Anita Walia V/s State & Others Page No. 4/7 respect of the account numbers 13471000035160 of the deceased and 02721000086415 in joint names of deceased and respondent no. 3, testifying that an amount of Rs.3,75,753.99/- and Rs.73,559.47/- were available in the said accounts as on 23.09.2022 and that there was no nominee in respect of the said accounts.
10. RW-3 Ravi Ranjan, Authorized Representative, Alankit Assignment Limited produced the Client Master list Ex. RW3/1 and holding valuation report Ex. RW3/2 of the deceased having Client ID-10676773 and deposed that the valuation of the holdings as on 26.09.2022 was Rs. 27,16,719/-. He also relied upon the authority letter Ex. RW3/3. He further testified that there is no nominee in respect of said holdings.
11. Thereafter, PE was closed vide order dated 22.12.2022 and the matter was listed for final arguments.
Heard. Perused.
12. From the material on record, it stands proved that the deceased Bal Krishan Walia expired on 03.05.2021 and at that time he was ordinarily residing at D-6, 376/1, Sector-6, Rohini, Delhi- 110085, which confers the territorial jurisdiction upon this Court.
13. As per LR report filed on behalf of Executive Magistrate, Rohini, it is brought on record that the deceased left behind Anita Walia (wife), Gagan Walia (son) and Purnima Talwar (daughter) as his surviving legal heirs. From the testimonies of the various bank SCC No. 141/21 Anita Walia V/s State & Others Page No. 5/7 witnesses RW1-A and RW2-A and of AR of the company RW-3, the total bank balance and shares left behind by the deceased have been brought on record. The succession certificate has been sought in favour of the petitioner and the remaining LRs/ children have already issued their respective NOCs in her favor. She is otherwise also one of the Class-1 Legal heirs of the deceased and no impediment has been brought on record in respect of grant of succession certificate in favor of the petitioner.
14. Considering the above, the petitioner is held entitled to the Succession Certificate in respect of the following movable properties, alongwith accrued interest, if any, left behind by the deceased Bal Krishan Walia:-
1. Amount of Rs. 12.11/- available in account No. 520101020690289, Union Bank of India, Shalimar Bagh, Delhi;
2. Amount of Rs.3,75,753.99/- available in account number 13471000035160 in the name of deceased;
3. Amount lying in joint account No. 02721000086415 of the deceased Bal Krishan Walia and Purnima Talwar in HDFC Bank, Sector-9, Rohini, Delhi to the extent of the share of the deceased in such account and
4. Holdings valuing to Rs. 27,16,719/- in the name of deceased Bal Krishan Walia vide Client ID No. 10676773.
15. The succession certificate be issued in favor of the petitioner on furnishing of an Indemnity Bond of the same value with one surety of like amount each within one month from today. Petitioner to file court fees in terms of Article 12 Schedule 1 of the Court Fees Act as applicable to Delhi for issuance of succession certificate.
16. It is clarified, that succession certificate shall be considered SCC No. 141/21 Anita Walia V/s State & Others Page No. 6/7 only as an entitlement of the petitioner to receive the amount due towards Late Bal Krishan Walia from concerned Bank(s) /company so as to discharge the debtor(s).
File be consigned to Record Room after due compliance.
Digitally signed by DIVYA DIVYA MALHOTRA
Announced in an Open Court MALHOTRA Date: 2023.05.11
16:00:14 +0530
(Divya Malhotra)
ACJ/ARC (North West)
Rohini Courts, Delhi/11.05.2023
SCC No. 141/21 Anita Walia V/s State & Others Page No. 7/7