Delhi District Court
Mr. Ajay Gupta vs The State (Govt. Of Nct Of Delhi) on 6 December, 2021
IN THE COURT OF ADMINISTRATIVE CIVIL JUDGE:
NORTH-WEST DISTRICT:
ROHINI DISTRICT COURTS: DELHI
Presided over by: Ms POOJA AGGARWAL, DJS
Succession Petition No. 91/2019
CNR No. DLNW030015772019
In the Matter of:
Mr. Ajay Gupta,
S/o Late Mr. Shiv Charan @
Shiv Charan Dass Aggarwal @
Shiv Charan Dass Agarwal,
R/o GD-24, Main Road, Pitampura,
North-west, Delhi. ..........Petitioner
Versus
1. The State (Govt. of NCT of Delhi).
2. Mr. Pawan Kumar Agarwal,
S/o Late Mr. Shiv Charan @
Shiv Charan Dass Aggarwal @
Shiv Charan Dass Agarwal,
3. Mr. Neeraj Gupta,
S/o Late Mr. Shiv Charan @
Shiv Charan Dass Aggarwal @
Shiv Charan Dass Agarwal,
Both R/o GD-24, Main Road,
Pitampura, North-west, Delhi.
4. Mr. Dhruv Singal,
S/o Sh. Harish Singhal
5. Mr. Ansh Singhal,
S/o Sh. Harish Singhal Digitally signed
by POOJA
POOJA AGGARWAL
SCC No. 91/2019 Page No. 1/8 AGGARWAL Date: 2021.12.06
Sh. Ajay Gupta V/s State and Others 16:46:45 +0530
Both R/o 315, Mahesh Nagar,
Ambala Cantt., Ambala, Haryana.
6. Smt. Anuradha Gupta,
W/o Sh. Rajesh Kumar Singhal,
D/o Late Mr. Shiv Charan Dass and Ms. Savtri Devi,
R/o 97, Sainik Vihar, Pitampura,
Second Floor, Delhi-110034.
7. M/s Link Intime India Pvt. Ltd.,
(Transfer agent for M/s Piramal Enterprises Limited).
C-101, 247 Park, LBS Marg,
Vikhroli (West), Mumbai-400083
8. M/s Ludhiana Stock and Capital Limited,
(Previously known as M/s Ludhiana Stock Exchange Ltd.)
Registered office at Feroze Gandhi Market,
Ludhiana-141001, Punjab.
Through its transfer agent M/s Beetal Financial and Computer
Services private Limited,
Corporate office at Third Floor, Beetal House, 99,
Behind Local Shopping Centre,
Madangir Village, Madangir,
New Delhi-110062. ..........Respondents
Date of Institution : 12.07.2019
Date of Final Arguments : 06.12.2021
Date of Judgment : 06.12.2021
Final Order : Petition allowed.
JUDGMENT ON PETITION UNDER SECTION 372
OF THE INDIAN SUCCESSION ACT
1. The present petition has been filed by the petitioner Sh. Ajay Gupta under Section 372 of Indian Succession Act, 1925 seeking issuance of succession certificate in respect of debts/securities etc. of Smt. Digitally signed by SCC No. 91/2019 Page No. 2/8 POOJA POOJA AGGARWAL Sh. Ajay Gupta V/s State and Others AGGARWAL Date: 2021.12.06 16:46:52 +0530 Savitri Devi Aggarwal @ Savitri Devi i.e. 175 shares issued by M/s Link Intime India Pvt. Ltd. and 200 shares in M/s Ludhiana Stock Exchange Ltd. alongwith interest and dividends.
2. As per the petition, the mother of the petitioner namely Smt. Savitri Devi Aggarwal @ Savitri Devi expired on 08.04.2017 at which time she was ordinarily resident of GD-24, Pitampura, Delhi. It is stated that the husband of the deceased namely Sh. Shiv Charan @ Shiv Charan Dass Aggarwal @ Shiv Charan Dass Agarwal already expired on 14.10.2018. It is stated that the deceased left behind the petitioner, the respondent no. 2 and 3 i.e. sons, respondent no. 4 and 5 as children of pre-deceased daughter of the deceased and respondent no. 6 as the younger daughter of the deceased as the only legal heirs. It is stated that there is no impediment to the grant of succession certificate under the Succession Act in respect of shares having certificate no. 374872, numbered as 37778472-37778571 (100 shares) and distinct certificate no. 374873 numbered as 37778572-37778646 (75 shares) issued by M/s Link Intime India Pvt. Ltd., and also F/Registered Folio No. 366, Certificate No. 1070, N. of shares 200 belonging to Smt. Savitri Devi Aggarwal @ Savitri Devi.
3. After filing of present petition, notice was issued and general public was served through publication in daily newspaper 'Veer Arjun', Hindi edition dated 09.09.2019 to invite objections from the public at large to the grant of succession certificate to the petitioner. However, none appeared from general public to oppose or contest the present petition.
Digitally signed by POOJASCC No. 91/2019 Page No. 3/8 POOJA AGGARWAL
Sh. Ajay Gupta V/s State and Others AGGARWAL Date:
2021.12.06
16:46:59 +0530
4. LR report was received from the concerned Tehsildar, from the Office of District Magistrate, Saraswati Vihar as per which Sh. Ajay Gupta (son), Pawan Kumar Aggarwal (son), Neeraj Gupta (Son), Anuradha Singhal (daughter) and Sh. Dhruv and Ansh Singhal (being grand sons) are the legal heirs of Sh. Shiv Charan Dass Aggarwal and Savitri Devi.
5. During the summary proceedings conducted as per Section 373 of the Indian Succession Act,1925, the petitioner examined himself as PW1 and tendered his evidence by way of affidavit i.e. Ex. PW1/1 reiterating the contents of his petition and also relied upon documents i.e. death certificate of Smt. Savitri Devi i.e. Ex. PW1/A, death certificate of Smt. Poonam Singhal @ Poonam Gupta i.e. Ex. PW1/B, letter dated 12.04.2019 received from Link Intime India Pvt. Ltd. i.e. Ex. PW1/C (colly) in respect of folio No. SR00675, list of properties i.e. Ex. PW1/D, death certificate of his deceased grandmother, grandfather and husband of Smt. Savitri Devi i.e. Ex. PW1/E and copy of his Adhar card i.e. Ex. PW1/F.
6. Petitioner also tendered his additional affidavit i.e. Ex.PW1/2. He also relied on the letter sent by M/s Link Intime Private Limited dated 02.12.2019 i.e. Ex. PW1/G testifying that his mother Savitri Devi Aggarwal was holding 175 shares bearing share certificate no. 374872 and 374873 which were subsequently split into 875 shares of face value of Rs. 2/- each now having current value of Rs. 2527/- per share (total amount of Rs. 22,11,125/-). He also relied on Market value of shares of M/s Piramal Enterprises Ltd as downloaded from internet i.e. Ex. PW1/G-A containing the Digitally signed SCC No. 91/2019 Page No. 4/8 by POOJA Sh. Ajay Gupta V/s State and Others POOJA AGGARWAL AGGARWAL Date: 2021.12.06 16:47:05 +0530 certificate under Section 65-B Indian Evidence Act.
7. PW-1 also relied on the report sent by M/s Beetel Financial and Computer Services P. Ltd, in respect of register of members as on 20.11.2020 i.e. Ex. PW1/H testifying that his mother Savitri Devi Aggarwal was holding 200 shares bearing distinctive No. 9651 to 9850 and seller folio no. 0000366 having current value of Rs. 10/- per share (total amount of Rs. 2000/-). He further testified that the shares of M/s Ludhiana Stock Exchange are not listed as on date.
8. PW-1 further testified that his mother had not executed any Will in respect of the assets in question and except himself, his brothers Pawan i.e. respondent no. 2, his brother Neeraj Gupta i.e. respondent no. 3, Mr. Dhruv Singhal and Mr. Ansh Singhal i.e. respondent no. 4 and 5 being the children of her pre-deceased sister Poonam and her elder sister Anuradha Gupta i.e. respondent no. 6, there are no other legal heirs of her deceased mother as his father Sh. Shiv Charan Dass Aggarwal has already expired on 14.10.2018.
9. RW-1 Sh. Pawan Kumar Agarwal i.e. respondent no. 2, RW-2 Sh.
Neeraj Gupta i.e. respondent no. 3, RW-3 Sh. Dhruv Singhal i.e. respondent no. 4 , RW-4 Sh. Ansh Singhal i.e. respondent no. 5 and RW-5 Smt. Anuradha Gupta i.e. respondent no. 6 tendered their respective Affidavits/ NOC i.e. Ex. RW1/A to Ex. RW5/A testifying that they have no objection if their respective shares are given in favour of the petitioner. They also relied upon their respective Adhar Cards i.e. Ex. RW1/1 to Ex. RW5/1.
Digitally signed by POOJA POOJA AGGARWAL
SCC No. 91/2019 Page No. 5/8 AGGARWAL Date:
Sh. Ajay Gupta V/s State and Others 2021.12.06
16:47:11 +0530
10.Final arguments were then advanced by Ld. Counsel for the petitioner on behalf of the petitioner which have been duly considered with evidence on record.
11.From the material on record i.e. the copy of the death certificate Ex.
PW1/A, it stands proved that the deceased Smt. Savitri Devi expired on 08.04.2017 at which time he was ordinarily resident of H. No. GD-24, Pitampura, Delhi. As per copy of death certificate of Sh. Shiv Charan Aggarwal i.e. part of Ex. PW1/E, the husband of the deceased expired on 14.10.2018. As per the LR report issued by the concerned Tehsildar, it is brought on record that the deceased Smt. Savitri Devi left behind the petitioner Sh. Ajay Gupta (son), Pawan Kumar Aggarwal (son), Neeraj Gupta (Son), Anuradha Singhal (daughter) and Sh. Dhruv and Ansh Singhal (being grand sons) as her legal heirs.
12.The death certificate Ex. PW1/B of Poonam Singhal proves that she being the daughter of the deceased has already expired on 28.01.2017. The respondent no. 2 to 6 have already given No Objection Certificates in favour of the petitioner. As per Ex. PW1/G relied upon by the petitioner/ PW-1, it has come on record that Smt. Savitri Devi Aggarwal was holding 175 shares bearing share certificate no. 374872 and 374873 having face value of Rs. 10/- each which was later split into 875 shares of face value of Rs. 2/- each as per Ex. PW1/C having current value of Rs. 2527/- per share having total value of Rs. 22,11,125/- as per the market value of shares of M/s Piramal Enterprises Ltd. as downloaded from internet i.e. Ex. PW1/G-A containing the certificate under Section 65-B Indian Digitally signed by POOJA SCC No. 91/2019 Page No. 6/8 POOJA AGGARWAL Sh. Ajay Gupta V/s State and Others AGGARWAL Date:
2021.12.06 16:47:16 +0530 Evidence Act. It has also come on record vide report Ex. PW1/H that Smt. Savitri Devi was holding 200 shares bearing distinctive No. 9651 to 9850 with M/s Ludhiana Stock and Capital Ltd. and seller folio no. 0000366 having current value of Rs. 10/- per share for total value of Rs. 2000/-. No impediment has been brought on record against grant of Succession Certificate in favour of the petitioner.
13.Thus, considering that the petitioner is the son and one of the legal heirs of the deceased under Section 15 (1) Hindu Succession Act and NOC has already been given in his favour by the remaining Legal heirs i.e. respondent no. 2 and 6, the petitioner Ajay Gupta is held entitled to succession Certificate in respect of amount in respect of the 875 shares of M/s Piramal Enterprises Limited (earlier 175 shares having distinctive number 37778472 to 37778571 (100 shares) and 37778572 to 37778646 (75 shares) having face value of Rs. 2/- each and 200 shares of M/s Ludhiana Stock and Capital Ltd.
having face value of Rs. 10/- each for Rs. 22,11,125/- plus Rs. 2000/- i.e. Total amount of Rs. 22,13,125/- alongwith accrued interest, if any.
14.Thus, the succession certificate be issued in favour of the petitioner Sh. Ajay Gupta on furnishing of an Indemnity Bond of the same value with one surety of like amount 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.
Digitally signed by POOJA AGGARWALPOOJA Date: SCC No. 91/2019 Page No. 7/8 AGGARWAL 2021.12.06 Sh. Ajay Gupta V/s State and Others 16:47:21 +0530
15.It is clarified that the succession certificate shall be considered only as an entitlement of the petitioner to receive the amount due towards Late Smt. Savitri Devi Aggarwal @ Savitri Devi from concerned companies so as to discharge the debtors.
16. File be consigned to the record room after completing necessary formalities.
Digitally signed by POOJA POOJA AGGARWAL
Announced in the Open Court AGGARWAL Date: 2021.12.06
today i.e. on 06.12.2021 16:47:27 +0530
(Pooja Aggarwal)
ACJ-cum-CCJ-cum-ARC/North-West District Rohini District Courts/ Delhi Certified that this judgment contains 08 pages and each page bears my signature. POOJA Digitally signed by POOJA AGGARWAL AGGARWAL Date: 2021.12.06 16:47:33 +0530 (Pooja Aggarwal) ACJ-cum-CCJ-cum-ARC/North-West District Rohini District Courts/ Delhi SCC No. 91/2019 Page No. 8/8 Sh. Ajay Gupta V/s State and Others