Delhi District Court
Sh. Shanti Narain Chhabra vs The State (Nct Of Delhi) on 6 June, 2018
IN THE COURT OF SH. SUSHANT CHANGOTRA
ARCACJCCJ, PATIALA HOUSE COURTS: NEW DELHI
SC No. 52/17 (New No. 54/17)
Sh. Shanti Narain Chhabra
S/o Late Diwan Chand Chhabra
R/o C9/9082, Vasant Kunj
New Delhi110070 ....Petitioner
Vs
1. The State (NCT of Delhi)
2. Piramal Enterprises Ltd.
Piramal Tower, Ganpatrao Kadam Marg,
Lower Parel, Mumbai400013
3. Piramal Phytocare Ltd.
Piramal Tower, Ganpatrao Kadam Marg,
Lower Parel, Mumbai400013
4. Dr. Nupur Bhatia
D/o Shanti Narain Chhabra
W/o Dr. Vineesh Bhatia
R/o 46, Hallett Avenue, Tranmere,
SA 5073, Australia
5. Smt. Garima Chhabra
D/o Sh. Shanti Narain Chhabra
W/o Sh. Ankur Ahlowalia
R/o 3877, Aragon Lane, San Ramon,
CA94583, USA ..... Respondents
PETITION FOR GRANT OF SUCCESSION CERTIFICATE UNDER
SECTION 372 OF THE INDIAN SUCCESSION ACT, 1925
SC No. 52/17 (New No. 54/17) Sh. Shanti Narain Chhabra Vs State & Ors. Page no. 5 of 5
Date of institution of the petition : 03.08.2017
Date of pronouncement of judgment : 06.06.2018
Decision : Petition allowed
JUDGMENT
1. The petitioner Sh. Shanti Narain Chhabra has applied for succession certificate under the Indian Succession Act, 1925 in respect of debts & securities of deceased late Smt. Bela Chhabra who expired on 06.11.2007. Petitioner is the husband while respondent no. 4 & 5 are the daughters of deceased. It is stated that all three of them are the only legal heirs of deceased. Respondent no. 2 & 3 are the companies where securities of deceased are lying. It is stated in the petition that the deceased was having 243 shares of Piramal Enterprises Ltd. and 23 shares of Piramal Photocare Ltd. Therefore, it is prayed that succession petition may be allowed in respect of said shares of deceased in favour of petitioner.
2. The publication of notice of succession petition in the daily newspaper "Statesman" having circulation in the National Capital Territory of Delhi was directed to be published for inviting objections, if any, from general public. Notice of filing of succession petition was accordingly published in daily newspaper "Statesman" in its issue dated 01.11.2017, but till date no objection to the grant of succession certificate in favour of petitioner has been received from general public.
3. Respondents/general public did not raise any objection pertaining to present application, despite publication in newspaper.
4. A report on behalf of SDM, Vasant Vihar was filed on 16.11.2017. As per said report deceased is survived by Sh. Shanti Narayan Chhabra, Dr. Nupur Bharia & Smt. Garima Chhabra.
SC No. 52/17 (New No. 54/17) Sh. Shanti Narain Chhabra Vs State & Ors. Page no. 5 of 5
5. The remaining legal heirs i.e. respondent no. 4 Dr. Nupur Bhatia & respondent no. 5 Smt. Garima Chhabra i.e. children of deceased have filed no objection/written statement stating that they alongwith petitioner are the only surviving legal heirs of deceased. They further stated that succession certificate may be allowed in favour of petitioner Sh. Shanti Narain Chhabra.
6. Thereafter, matter was posted for evidence. Sh. Shanti Narain Chhabra examined himself as PW1 and placed reliance on Ex.PW1/1 i.e. death certificate of deceased late Smt. Bela Chhabra and Ex.PW1/2 i.e. his aadhar card. He deposed that he is the husband of deceased and respondent no. 4 & 5 i.e. Smt. Nupur Bhatia & Smt. Garima Chhabra are his children who have given their no objection regarding issuance of succession certificate in his favour. He further deposed that deceased Smt. Bela Chhabra had 243 shares with Piramal Enterprises Ltd. and 23 shares with Piramal Phytocare Ltd..
7. RW1 Sh. Priyadarshan Walia, Manager, Link Intime India Pvt. Ltd. i.e. registrar and transfer agent of M/s Piramal Enterprises Ltd. and M/s Piramal Phytocare Ltd. produced Ex.RW1/1 i.e. attested copy of details regarding shares held in the name of deceased late Smt. Bela Chhabra. As per Ex.RW1/1 deceased was having 243 shares of Piramal Enterprises Ltd. with face value of Rs.2 per share and market valuation of each share is Rs.2645/ (market value) and total valuation of said shares is Rs.6,42,735/. It is further stated that deceased was also having 23 shares of Piramal Phytocare Ltd. with face value of Rs.10/ per share and the market value of is Rs.48/ per share and total valuation of said shares is Rs.1,104/. Hence, the total value of the shares of deceased is Rs. 6,43,839/.
8. SC No. 52/17 (New No. 54/17) Sh. Shanti Narain Chhabra Vs State & Ors. Page no. 5 of 5
9. I have heard the arguments and perused the record.
10. Section 373 subsection (3) of the Indian Succession Act, 1925 provides: 'If the Judge cannot decide the right to the certificate without determining questions of law or fact which seem to be too intricate and difficult for determination in a summary proceedings, he may nevertheless grant a certificate to the petitioner if he appears to be the person having prima facie the best title thereto.'
11. Thus, succession certificate has to be given by the Court on the basis of "prima facie best title". Petitioner has to show that he has best title over the debts & securities in question.
12. This petition was filed within proper jurisdiction. Petitioner has made proper parties and has not left any relevant party. Petitioner has claimed debts & securities on the basis of Ex.RW1/1 i.e attested copy of details regarding shares held in the name of deceased late Smt. Bela Chhabra as per which deceased was having total 266 shares with Piramal Enterprises Ltd. & Piramal Phytocare Ltd. filed by Manager, Link Intime India Pvt. Ltd. i.e. Registrar and Transfer Agent of M/s Piramal Enterprises Ltd. & Piramal Phytocare Ltd.. The current valuation of all the shares as referred above is Rs.6,43,839/.
13. Hence, the averments made in the petition have been corroborated by the official record and have not been disputed by any other person or by the respondents. No public person has raised any objection to the claim of petitioner.
14. From the avernments made in the petition and evidence produced on record, it is apparent that there is no legal embargo for issuance of succession certificate in favour of the petitioner Sh. Shanti Narain Chhabra for total amount of SC No. 52/17 (New No. 54/17) Sh. Shanti Narain Chhabra Vs State & Ors. Page no. 5 of 5 Rs.6,43,839/ lying in the shape of total 266 shares with Piramal Enterprises Ltd. & Piramal Phytocare Ltd. respectively.
15. Therefore, this succession petition stands allowed/decided in favour of petitioner Sh. Shanti Narain Chhabra for total amount of Rs.6,43,839/. Accordingly, succession certificate be issued to petitioner Sh. Shanti Narain Chhabra for amount of Rs.6,43,839/ on filing of requisite court fees of Rs.16096/ in terms of Article 12, Schedule I of the Court Fee Act 1870 as applicable to Delhi along with indemnity bond in the sum of Rs.6,43,839/ with one surety in the like amount by the petitioner Sh. Shanti Narain Chhabra.
Case file be consigned to Record Room after due compliance.
Digitally signed by SUSHANT SUSHANT CHANGOTRA
CHANGOTRA Date: 2018.06.06
14:45:35 +0530
Announced in the open Court (SUSHANT CHANGOTRA)
on 06.06.2018 ARC/ACJ/CCJ: New Delhi
Patiala House Courts/New Delhi
SC No. 52/17 (New No. 54/17) Sh. Shanti Narain Chhabra Vs State & Ors. Page no. 5 of 5