Delhi District Court
Poonam Gupta vs The State Of Nct Of Delhi on 4 March, 2024
IN THE COURT OF ACJ-cum-CCJ-cum-ARC, SOUTH
DISTRICT COURTS COMPLEX, SAKET, DELHI
- Presided by: PARAS DALAL, D.J.S.
SC No. 97/2023
CNR No. DLST03-001521-2023
1. Smt. Poonam Gupta
W/o Late Sh. Gavinder Gupta
R/o L-26B, Malviya Nagar, Delhi-110017
........Petitioner
Versus
1. State
(Through SDM Hauz Khas)
Office complex of DM South, M. B.Road, Saket, New Delhi.
2. Smt. Kamlesh Gupta
W/o Late Sh. P.K. Gupta
R/o L-26B, Malviya Nagar, Delhi-110017
3. Ms. Indu Neeraj Gupta
D/o Late Sh. P.K. Gupta
R/o E-111, 11th Floor, Atulya Building, Tara Amantra,
Kalyan Bhiwandi Bypass Junction, Rajnoli Naka,
Bhiwandi, Thane, Maharashtra
4. Stuti Gupta (Minor)
Through her Guardian Mother (petitioner herein)
D/o Late Sh. Gavinder Gupta
R/o L-26B, Malviya Nagar, Delhi-110017
5. Kfin Technologies Ltd.
(Registrar and Transfer Agent)
L&T Ltd 305, New Delhi House,
27, Barakhamba Road, New Delhi
6. L&T Ltd
Through its company Secretary
L&T House Ballard Estate, Mumbai
Maharashtra
7. Kfin Technologies Ltd.
Page 1 of 5
(Registrar and Transfer Agent)
Reliance Industries Limited
305, New Delhi House,
27, Barakhamba Road, New Delhi
7. Reliance Industries Limited
Through its Company Secretary
3rd Floor, Maker Chambers IV, 222, Nariman Point,
Mumbai, Maharashtra
.........Respondents
PETITION FOR GRANT OF SUCCESSION CERTIFICATE UNDER
SECTION 372 OF THE INDIAN SUCCESSION ACT, 1925
1. Date of Institution of Petition : 25.08.2023
2. Date of Judgment : 04.03.2024
3. Decision : Petition Allowed
JUDGMENT
1. Vide this judgment, this Court shall dispose off the petition filed by petitioners for grant of succession certificate in their favour in respect of shares with the respondent companies, which where held in the joint name of deceased persons late P.K. Gupta who expired on 15.10.2019 and late Gavinder Gupta who expired on 07.08.2020.
2. In the petition, it is inter-alia pleaded that the petitioner is the legal heir being wife of the deceased Gavinder and daughter in-law of deceased P.K. Gupta and respondent no.2 is wife of deceased P.K. Gupta and mother of deceased Gavinder. Further the respondent no.3 is daughter of deceased P.K. Gupta and respondent no.2. Respondent no.4 is minor daughter of deceased Gavinder (also grand daughter of deceased P.K. Gupta) and is represented by her legal and natural guardian mother/ Petitioner.
Page 2 of 53. Perusal of the record reflects that the notice of this petition was given to the general public by way of publication in the newspaper 'The Statesman' on 13.12.2023. In response to the notice, no person from the general public came forward to offer any objection qua grant of succession certificate to the petitioner.
4. During the summary proceedings conducted as per Section 373 of the Indian Succession Act, 1925, apart from the petitioner, respondent nos. 1 to 6 were examined.
5. PW-1 Smt. Poonam Gupta filed his affidavit of evidence in the form of Ex.PW1/A, wherein she reiterated the contents of the petition and relied upon documents i.e. Ex.PW1/1 death certificate of deceased P.K. Gupta; Ex.PW1/2 death certificate of deceased Gavinder Gupta; Ex.PW1/3 surviving members certificate of P.K. Gupta; and Ex.PW1/4 Ex.PW1/3 surviving members certificate of Gavinder Gupta.
6. RW2 and 3 deposed wherein they gave no objection certificate in favour of petitioner and respondent no.4 was represented by her mother, however on date of evidence, she became major and gave no objection in favour of petitioner for issuance of succession certificate.
7. RW1 Sh. Sanjit Kumar, Patwari, SDM Hauz Khas, New Delhi appeared in the present case and file report Ex.RW1/A prepared by Sh. Daman Deep Singh, Executive Magistrate/ Tehsildar, Hauz Khas that the deceased Sh. P.K. Gupta expired on 15.10.2019 and Gavinder Gupta expired on 07.08.2020 and they were survived by petitioner and respondent nos. 2 to 4 as stated in the petition.
Page 3 of 58. Petitioner has sought succession certificate qua share in the joint name of both deceased persons with RTA/ Kfin Technologies Ltd. On behalf of Larson & Toubro Ltd. In folio no.10216401 having 450 shares of value Rs.13,71,487.50/- as on 23.11.2023 and also on behalf of Reliance Industries Ltd. In folio no. 055055564 of value Rs. 9,55,000/- as on 05.12.2023.
9. I have heard the submissions made by Ld. Counsel for the petitioner, perused the record and gone through the relevant provisions of law.
10. The testimony of PW-1, RW1 to RW4 proves that Sh. G.P. Gupta and Gavinder Gupta expired on 15.10.2019 and on 07.08.2020, respectively, and petitioner as well as respondent no.2 to 4 are the only surviving legal heir of the deceased. RW5/A and Ex.PW6/A proves that the deceased Sh. G.K. Gupta and Sh. Gavinder GuptaRamesh were holding shares with RTA/ Kfin Technologies Ltd. on behalf of Larson & Toubro Ltd. In folio no.10216401 having 450 shares of value Rs.13,71,487.50/- as on 23.11.2023 and also on behalf of Reliance Industries Ltd. In folio no. 055055564 of value Rs. 9,55,000/- as on 05.12.2023.
11. Respondent nos. 2 to 4 have expressed their no objection for grant of succession certificate qua family pension in favour of the petitioner. No one else has come forward to oppose this succession petition despite publication in newspaper.
12. In light of the facts and circumstances and on the basis of material placed on record, petitioner is entitled to succession certificate and there exists no impediment in grant of succession certificate to her. Thus, present petition qua the grant of succession certificate qua securities with RTA/ Kfin Technologies Ltd. On behalf of Larson & Toubro Ltd. In folio no.10216401 having 450 shares of value Rs.13,71,487.50/- as on 23.11.2023 and also on behalf of Page 4 of 5 Reliance Industries Ltd. In folio no. 055055564 of value Rs. 9,55,000/- as on 05.12.2023 is allowed in favour of the petitioner Poonam Gupta.
13. Accordingly, succession certificate be issued in favour of petitioner, upon filing of requisite court fees and indemnity bond.
14. The succession certificate shall be considered only as an entitlement of petitioner to receive the current valuation of aforesaid shares and/or transfer thereof including any unclaimed dividend and subsequent issue of bonus shares in respect thereof. Concerned R5/ Kfin Techonolgies may seek compliance of formalities, if any, by the petitioner for securing release of the amount of aforesaid shares/transfer thereof, as per rules.
15. File be consigned to record room after due compliance.
Digitally signed by PARAS PARAS DALAL Date:
DALAL 2024.03.05 14:51:24 +0530 Announced in the open Court (PARAS DALAL) on 04.03.2024 ACJ-CCJ-ARC/South, Saket Court/Delhi Page 5 of 5