Delhi District Court
Tanya vs State on 23 April, 2026
IN THE COURT OF ADMINISTRATIVE CIVIL JUDGE-CUM-
CCJ-CUM-ADDITIONAL RENT CONTROLLER, WEST, TIS
HAZARI COURTS, DELHI
Presided over by- Sh. Anshul Mehta, DJS
Succ. Court -: 5/2026
Unique Case ID -: DLWT030001572026
Section(s) -: 372 of the Indian
Succession Act, 1925
In the matter of -
1. MS. TANYA
D/o- Late Sh. Yash
2. MS. MANNU
D/o- Late Sh. Yash
3. MASTER HARSH
S/o- Late Sh. Yash
All R/o- RZD-40, Nihal Vihar,
Nangloi Nilothi, Delhi-110041
(Petitioner no. 3 minor through her sisters Ms. Mannu,
Petitioner no. 2)
......... Petitioners
VS.
1. THE STATE
NCT of Delhi
2. LIFE INSURANCE CORPORATION OF INDIA
Through Its Branch Manager
LIC of India,
A-3/24, First Floor, Janakpuri,
Delhi-110058
........ Respondents
Ms. Tanya, Ms. Mannu
1. Name of Petitioner :
and Master Harsh
2. Name of Deceased : Late Sh. Yash Digitally Succ. Court 5/2026 Tanya Vs. State Page No. 1 of 7 signed by ANSHUL ANSHUL MEHTA MEHTA Date:
2026.04.23 15:15:51 +0530
3. Date of Institution : 22.01.2026
4. Date of Reserving Order : 02.04.2026
5. Date of Decision : 23.04.2026
6. Decision : Allowed Argued by -: Ms. Swati Solanki, Ld. Counsel for the petitioner.
JUDGMENT-
1. The present petition has been filed under Section 372 of the Indian Succession Act, 1925 (hereinafter, "the Act") by Ms. Tanya, Ms. Mannu and Master Harsh (hereinafter, "petitioners") for grant of succession certificate in their favour in respect of debts and securities left by the deceased Late Sh. Yash, who was their brother.
2. Pursuant to filing of the petition, notice of the petition was given to all persons interested in the estate of the deceased, including the general public by way of publication in the newspaper 'Virat Vaibhav' dated 04.02.2026, inviting objections to the grant of succession certificate to the petitioners. However, no one appeared from general public to oppose or contest the petition.
3. The following oral and documentary evidence has been led in this case -
ORAL EVIDENCE Sh. Rajesh Kumar, Assistant RW-2 : Admin. Officer (LIC of India, Branch-11A) PW-1 : Ms. Tanya (Petitioner no. 1) PW-2 : Ms. Mannu (Petitioner no. 2) DOCUMENTARY EVIDENCE Ex.RW2/1 : Statement of account Digitally Succ. Court 5/2026 Tanya Vs. State Page No. 2 of 7 signed by ANSHUL ANSHUL MEHTA MEHTA Date:
2026.04.23 15:16:01 +0530 Ex.RW2/2 : Status report (Colly) Ex.RW2/3 Copy of ID Card of Sh. Rajesh :
(OSR) Kumar
Evidence by way of affidavit of
Ex.PW1/A :
petitioner no. 1
Ex.PW1/1 Copy of Aadhar Card of
:
(OSR) petitioner no. 1
Ex.PW1/2 Copy of death certificate of the
:
(OSR) deceased
Debts and securities of the
Ex.PW1/3 : deceased mentioned in
Annexure 'B'
Ex.PW1/4 Copy of Aadhar Card of
:
(OSR) deceased
Copy of death certificate of late Ex.PW1/5 : Sh. Virender Prasad (father of (OSR) the deceased) Copy of death certificate of late Ex.PW1/6 : Smt. Poonam (mother of the (OSR) deceased) Publication in newspaper "Virat Ex.PW1/7 :
Vaibhav" dated 04.02.2026 Evidence affidavit of petitioner Ex.PW2/A :
no. 2
Ex.PW2/1 Copy of Aadhar Card of
:
(OSR) petitioner no. 3
Ex.PW2/2 Copy of Aadhar Card of
:
(OSR) petitioner no. 2
4. RW2 Sh. Rajesh Kumar, Assistant Admin Officer, LIC of India, Branch-11A Janakpuri, Delhi, produced on record the details in respect of LIC Policy bearing no. 156369752 having payable Digitally signed by Succ. Court 5/2026 Tanya Vs. State Page No. 3 of 7 ANSHUL ANSHUL MEHTA MEHTA Date:
2026.04.23 15:16:09 +0530 amount of Rs.1,66,500/-, which is in the name of late Sh. Yash. He deposed that there is no nominee registered in the record.
5. PW1 Ms. Tanya is the petitioner no. 1, who stated that deceased Late Sh. Yash was her brother who expired on 22.07.2023.
She deposed that she has no objection if succession certificate is granted in favour of Ms. Mannu (petitioner no. 2 herein) who is her elder sister in respect of debts and securities of deceased as prayed by the petitioner no. 2.
6. PW2 Ms. Mannu is the petitioner no. 2, who stated that she is representing herself and her minor brother i.e. petitioner no. 3 namely Master Harsh. She deposed that she is the sister of deceased late Sh. Yash who expired on 22.07.2023. She deposed that late Sh. Virender Prasand (father of the deceased) and Late Smt. Poonam (mother of the deceased) are already expired on 13.08.2023 and 12.11.2018 respectively. She deposed that deceased has left behind herself/petitioner no. 2, petitioner no. 1/Ms. Tanya (sister of the deceased) and petitioner no. 3/Master Harsh (minor brother of the deceased) respectively herein as the only surviving Class-I legal heirs. She stated that there is no other Class-I legal heir except as stated above. She deposed that deceased had not executed any Will during his life time. She further deposed that petitioner no. 3 has no objection if succession certificate is granted in her favour i.e. petitioner no. 2 in respect of debts and securities of the deceased.
7. I have heard the arguments of the learned counsel for the petitioner and have given my thorough consideration to the material on record.
Digitally Succ. Court 5/2026 Tanya Vs. State Page No. 4 of 7 signed by ANSHUL ANSHUL MEHTA MEHTA Date:
2026.04.23 15:16:15 +0530
8. Part X of the Indian Succession Act, 1925 deals with the issuance of succession certificates. On bare perusal of the provisions of Part X of the Act, the following conditions are required to be satisfied before a succession certificate can be issued -
A. The certificate can only be issued qua debt or securities, and debts due to the deceased creditor or in respect of portions thereof, and not where the right is required to be established by letters of administration or probate, B. The certificate can be granted by a Court within whose jurisdiction the deceased ordinarily resided at the time of his/her death or if he/she had no fixed place of residence, within whose jurisdiction any part of the property of the deceased may be found, C. The application for grant of certificate has been filed in accordance with Section 372 of the Act, and notice of the application is to be given in terms of Section 373 of the Act, D. The grantee of the certificate furnishes bond with surety or sureties, if directed by the Court, in terms of Section 375 of the Act, and also furnishes Court fee as per Section 379 of the Act.
In case the above-mentioned conditions are fulfilled, a succession certificate can be issued by the Court, which shall have effect throughout India, as per Section 380 of the Act. It has been held by the Hon'ble Supreme Court in Madhvi Amma Bhawani vs. Kunjikutty Pillai Meenakshi Pillai AIR 2000 SC 2301 that grant of certificate is only a determination of prima facie title and in such Digitally Succ. Court 5/2026 Tanya Vs. State Page No. 5 of 7 signed by ANSHUL ANSHUL MEHTA MEHTA Date:
2026.04.23 15:16:21 +0530 cases, the Court is to not determine finally as to who has the best right to estate. Only a summary enquiry into the right to the certificate is contemplated by the Act. It is in this light that the present petition is to be decided.
9. Considering the facts and circumstances of the case, the evidence and other material on record, and the arguments addressed, it is clear that the petitioners/Ms. Tanya and Ms. Mannu are the sisters and Master Harsh is the brother of the deceased Late Sh. Yash, who expired on 22.07.2023. At the time of death of the deceased, the place of residence of the deceased was RZD-40, Nihal Vihar, Nangloi Nilothi, Delhi-110041, i.e. within jurisdiction of this Court. Mother and Father of the deceased are already expired. Deceased was unmarried. It is also pertinent to mention here that the age of the deceased at the time of death was around 16 years. There is no Class-I legal heir of the deceased. The petitioners are next in the line in the list of Class-II heir of the deceased as per the schedule of Hindu Succession Act, 1956, being the cousins of the deceased. The petitioner no. 2 is Class II heir of the deceased and the other sister and the brother of the deceased have already given a no-objection to grant of certificate in favour of the petitioner no. 2. No objections have been received by any other person, and public at large. Issuance of certificate is sought only qua debt and securities, the details of which have been tendered into evidence and there is no bar under Section 370 of Indian Succession Act, 1925 for the grant of succession certificate in favour of the petitioner no. 2 Ms. Mannu.
10. Accordingly, in view of the above, the petitioner no.
2/Ms. Mannu is entitled to grant of succession certificate under Digitally signed by Succ. Court 5/2026 Tanya Vs. State Page No. 6 of 7 ANSHUL ANSHUL MEHTA MEHTA Date:
2026.04.23 15:16:27 +0530 Section 372 of Indian Succession Act, 1925 in respect of the following debts and securities of the deceased Sh. Yash - Sr. Details of account Amount (In Rs.) No.
1. LIC Policy bearing no. 156369752 in the Rs.1,66,500/-
name of late Sh. Yash. (LIC of India, Branch-11A Janakpuri, Delhi) (as per statement of RW2/Sh. Rajesh Kumar) The issuance of the succession certificate is subject to the payment of Court fees as per Article 12 of Schedule I of the Court Fees Act, along with the furnishing of an indemnity bond with one surety.
11. The succession certificate shall be considered only as an entitlement of the petitioner to receive the shares (with interest / dividend, as applicable and also the right to negotiate/transfer the said securities as per law) due towards the deceased as referred above. The concerned official shall be competent to seek compliance of formalities, if any, to be fulfilled for the said purpose.
12. The present petition is disposed of accordingly. On compliance of the above-mentioned terms and conditions, Succession Certificate be issued in terms of this judgment, and file be consigned Digitally to record room after necessary compliance. signed by ANSHUL ANSHUL MEHTA MEHTA Date:
2026.04.23 15:16:35 +0530 Announced in Open (ANSHUL MEHTA) Court.
This judgment
ACJ/CCJ/ARC(WEST)
contains 7 signed TIS HAZARI COURTS
pages. DELHI/23.04.2026
Succ. Court 5/2026 Tanya Vs. State Page No. 7 of 7