Delhi District Court
Sh. Manish Goyal vs State on 16 September, 2019
IN THE COURT OF SH. SATVIR SINGH LAMBA,
ACJ-CUM-CCJ-CUM-ARC, NORTH DISTRICT, ROHINI DELHI
SUCCESSION CASE NO.76/17
New SCC no. 77/17
IN THE MATTER OF :-
SH. MANISH GOYAL,
S/O SH. NARENDRA GOYAL,
RESIDENT OF HOUSE NO. E,
TAGORE PARK, NEAR MODEL TOWN,
DELHI-110009.
.....PETITIONER
VERSUS
1. STATE
2. SH. NARENDRA GOYAL,
SON OF SH. JAGDISH GOYAL,
RESIDENT OF HOUSE NO. E, TAGORE PARK,
NEAR MODEL TOWN, DELHI-110009
3. SMT. MEGHA GOEL,
WIFE OF SHRI RAJESH GOEL,
RESIDENT OF 217, ARMSBURG BY SPACE,
NEAR KONARK KOMPALLY, JEELIMETLA,
HYDERABAD, TELANGANA-500055.
4. SMT. MONICA AGGARWAL,
WIFE OF SHRI KRISHAN AGGARWAL,
RESIDENT OF B x 1 /1151, IQBAL GANJ CHOWK,
NEAR KHUD MOHALLA,
LUDHIANA, PUNJAB.
SUCC. NO.77/17 Page 1 of 5
5. SMT. MEETU SINGHAL,
W/O SH. SANDEEP SINGHAL,
R/O MOLLIE VILLA,
31, LANDENLA ROAD,
DARJEELING 734101, WEST BENGAL
.....RESPONDENTS
APPLICATION FOR GRANT OF SUCCESSION CERTIFICATE
U/S 372 OF INDIAN SUCCESSION ACT, 1925
Date of Institution : 23.08.2017
Date of Reserving order : 11.09.2019
Date of Pronouncement : 16.09.2019
JUDGMENT
1. The present petition has been filed u/s 372 Indian Succession Act 1925 for grant of succession certificate in respect of amount of 100 shares bearing no. 407821-407920, Folio no. S000061 of Tasty Bites Eatables Ltd., Karvy Computershare Private Ltd. issued vide share certificate no. 4090 in the name of deceased Late Smt. Sushma Goyal (hereinafter referred to as "deceased").
2. In the petition, it is stated that the deceased Late Smt. Sushma Goyal was the mother of the petitioner and has expired on 12.09.1986. It is further stated that Smt. Sushma Goyal has left behind petitioner and the respondent no.2 to 5 as her legal heirs. SUCC. NO.77/17 Page 2 of 5
3. General public was also informed by way of publication in a newspaper namely "The Statesman" dated 27.09.17. However, despite publication, no one from general public has come forward to file objections to the issuance of succession certificate in favour of the petitioner.
4. Notice was issued to SDM concerned to file the verification report as to the LRs of deceased. LR report filed on behalf of the SDM Model Town.
5. Notice was also issued to the Karvy Computershare Private Limited for filing authenticated statement of account in respect of the shares lying in the name of deceased. Sh. Abhishek Kumar, Deputy Manager (Legal), Karvy Computershare Private Ltd. has filed report regarding the shares in the name of deceased Sushma Goyal & Same is Ex.P1.
6. Respondent no. 2 has given no objection for the issuance of the succession certificate in favour of the petitioner for the debt and securities in the name of deceased Smt. Sushma Goyal. Respondent no.2 has also given statements for no objection for the SUCC. NO.77/17 Page 3 of 5 issuance of the succession certificate in favour of the petitioner for the debt and securities in the name of deceased Smt. Sushma Goyal on behalf of respondent no.3 to 5 being their SPA.
7. In support of his petition, the petitioner has examined himself as PW1 and deposed by way of affidavit Ex.PW1/A. He has relied upon the documents i.e. his election identity card as Ex. PW1/1 & Aadhar Card as Ex. PW1/2, letter of M/s Karvy Computershare Pvt. Ltd. dated 09.06.17 as Ex. PW1/4 and Internet copy of the valuation of shares as Ex. P2. He has also filed copy of death certificate of deceased as Mark A. PW4 Sh. Kumar Chanchal, Sub-Registrar, Birth & Death Department, NDMC, Mandir Marg, Delhi has proved the register showing the death of deceased Smt. Sushma Goyal as Ex. PW4/1 and death certificate of deceased as Ex.PW4/2.
8. Petitioner has claimed succession certificate in respect of the amount of 100 shares bearing no. 407821-407920, Folio no. S000061 of Tasty Bites Eatables Ltd., Karvy Computershare Private Ltd. issued vide share certificate no. 4090 in the name of deceased. SUCC. NO.77/17 Page 4 of 5
9. As per LR report sent by the SDM, the deceased has left behind the petitioner and respondent no. 2 to 5 as his LRs. No objections on behalf of respondent no.2 to 5 have already been recorded. As per Ex. P2, value of one share is Rs.8161.95 as pm 06.02.2019. Hence, petitioner is entitled for the succession certificate for the amount of 100 shares bearing no. 407821-407920, Folio no. S000061 of Tasty Bites Eatables Ltd., Karvy Computershare Private Ltd. issued vide share certificate no. 4090 in the name of deceased i.e. Rs.8,16,195/- (8161.95X100) alongwith interest, if any.
10. Petitioner is directed to file court fee at the rate of 2.5% for the whole amount in terms of Article 12 Schedule 1 of the Court Fees Act 1870 as applicable to Delhi and an indemnity bond in the sum of Rs.8,16,195/- with one surety of the like amount.
No order as to cost.
File be consigned to record room after due compliance. Digitally signed
ANNOUNCED IN OPEN COURT SATVIR by SATVIR
SINGH LAMBA
SINGH Date:
2019.09.17
on 16.09.19 LAMBA 10:48:58
+0530
(SATVIR SINGH LAMBA)
ACJ-CUM-CCJ-CUM-ARC (NORTH)
ROHINI COURT, DELHI
SUCC. NO.77/17 Page 5 of 5