Delhi District Court
S.C.3/19 vs The State (Govt. Of Nct Of Delhi) on 9 October, 2019
IN THE COURT OF SH. ARUN KUMAR GARG:
ADMINISTRATIVE CIVIL JUDGE - cum- COMMERCIAL
CIVIL JUDGE - cum- ADDITIONAL RENT CONTROLLER:
SOUTH WEST DISTRICT : DWARKA COURTS : NEW
DELHI.
S.C.3/19
Sh. Akash Purwar
S/o late Sh. Arun Kumar Purwar
R/o RZ10, 2nd Floor, Indra Park Extn.,
Part1, Uttam Nagar,
New Delhi110059.
.............Petitioner
vs.
The State (Govt. of NCT of Delhi)
..........Respondent
Petition U/s 372 of Indian Succession Act for grant of
Succession Certificate in respect of debts and securities of
deceased Ms. Nandita Purwar.
Date of Institution : 07.01.2019
Date of Reserving Judgment : N.A
Date of Judgment : 09.10.2019
JUDGMENT:
1. The present petition has been filed by the petitioner for grant of Succession certificate U/s 372 of Indian Succession Act, 1925 (herein after referred to as the Act), in respect of debts and securities of deceased Ms. Nandita Purwar.
2. The State has been impleaded as respondent. PLEADINGS: SC03/19 Akash Purwar vs. The State Judgment dated 09.10.2019 Page No.1 of 6
3. It has been averred by the petitioner that Ms. Nandita Purwar died intestate on 01.12.2018. It is further averred that the deceased was the permanent resident of Uttam Nagar, New Delhi, which falls within the jurisdiction of this court. It is further averred that deceased, at the time of her death, was unmarried. It is further averred that deceased was survived by the petitioner (brother of the deceased) as her sole legal heir. In the petition, petitioner has prayed for grant of succession certificate in respect of debts and securities as mentioned in the present petition in the name of deceased, who according to him, had died intestate on 01.12.2018.
4. Notice of the petition was issued to the respondent and also ordered to be published in newspaper for public at large and accordingly, publication was done in newspaper titled as "Veer Arjun" dated 17.01.2019, but none appeared on behalf of public at large, to raise any objection for grant of succession certificate in favour of petitioner.
EVIDENCE:
5. In petitioner's evidence, four witnesses have been examined.
5.1. Sh. Sanjeev Nigam, from NTT DATA Global Delivery Services Pvt. Ltd., has been examined as PW1 and he has produced the record pertaining to dues in the name of deceased towards gratuity and EDLI which are ExPW1/A & ExPW1/B. As per the aforesaid record, a sum of Rs. 4,41,346/ was payable to the deceased towards the gratuity amount and EDLI, subject to the decision of the competent authority, payable was Rs. 6,00,000/ SC03/19 Akash Purwar vs. The State Judgment dated 09.10.2019 Page No.2 of 6 maximum.
5.2. Sh. Vijay Pal, Administrative Officer in LIC of India, 127 Branch, Vasant Vihar, Delhi, has been examined as PW2. He has brought the record pertaining to LIC policy no. 116482924 in the name of Nandita Purwar reflecting total payable amount of Rs. 1,24,900/ (including Rs. 1,00,000/ i.e. sum assured and Rs. 24,900/ i.e. bonus) as on 12.07.19. The said record is ExPW2/A. 5.3. Sh. Dinesh Kumar, Sr. Assistant at Employee Provident Fund Organisation, Gurgaon Branch, Haryana, has been examined as PW3. He has brought the record pertaining to statement of account of EPF account bearing no.(Member ID)GNGGN00268540000002086 in the name of Nandita Purwar. As per record, the employee's share is Rs. 64,819/ and employer's share is Rs. 35,423/ and the Pension amount is Rs. 84,419/ (totalling to Rs.1,84,661/) as on March 2019. The said record is Ex. PW3/A (colly. ) 5.4. PW4 is Petitioner Sh. Akash Purwar. He has placed on record the copy of his Aadhar card and PAN card as Ex.PW4/A(colly). He has proved the death certificate of his deceased sister as Ex.PW4/B. He has deposed that, at the time of her death, his sister Nandita Purwar was unmarried and she died intestate. He has deposed that his parents predeceased his sister. Copy of death certificate of his father Sh. Arun Kumar Purwar is Mark A and copy of death certificate of his mother Smt. Suman Purwar is Ex.PW4/C (OSR). He has further deposed that he is the only sole surviving legal heir of his deceased sister and his deceased sister is not survived by any other legal heir.
He has further deposed that he has received a sum of Rs. 4,41,346/ towards gratuity benefit, from NTT Data on SC03/19 Akash Purwar vs. The State Judgment dated 09.10.2019 Page No.3 of 6 14.08.2019 where his late sister Ms. Nandita Purwar was working. He has lastly deposed that the amount due on account of Employee Deposit Linked Insurance is Rs. 6,00,000/; Rs.1,24,900/ as on 12.07.2019 towards the LIC policy of his sister and Rs. 1,84,661/ towards EPF as on March 2019. Thereafter, petitioner's evidence was closed.
ARGUMENTS, APPREICIATION OF EVIDENC & REASONS:
6. I have heard the arguments and perused the material on record carefully.
7. In Madhvi Amma Bhawani Amma & Ors. Vs. Kunjikutty Pillai Meenakshi, AIR 2000 SC 2301, 2000 (3) ALT 35 SC, 2001 (49) BLJR 813, it was held as under:
" The enquiry in proceedings for grant of succession certificate is to be summary, and the Court, without determining questions of law or fact, which seem to it to be too intricate and difficult for determination, should grant the certificate to the person who appears to have prima facie the best title thereto. In such cases the Court has not to determine definitely and finally as to who has the best right to the estate. All that it is required to do is to hold a summary enquiry into the right to the certificate, with a view, on the one hand, to facilitate the collection of debts due to the deceased and prevent their being timebarred, owing (for instance) to dispute between the heirs inter se as to their preferential right to succession, and, on the other hand, to afford protection to the debtors by appointing a representative of the deceased and authorising him to give a valid discharge for the debt. The grant of a certificate to a person does not give him an absolute right to the debt nor does it bar a regular suit for adjustment of the claims of the heirs inter se".
8. From the oral and documentary evidence on record, my prima facie findings are as under: 8.1. The deceased, at the time of her death, was the resident SC03/19 Akash Purwar vs. The State Judgment dated 09.10.2019 Page No.4 of 6 of Uttam Nagar, New Delhi, which is reflected from her death certificate proved as Ex.PW4/B. It falls within the jurisdiction of this court. Sh. Arun Kumar Purwar and Smt. Suman Purwar (father and mother of the deceased), predeceased her. 8.2. The deceased had expired on 01.12.2018 leaving behind the petitioner (brother of the deceased) as her sole surviving legal heir.
DEBTS & SECURITIES: 8.3. The deceased died intestate qua debts and securities as mentioned in the petition which are as follows:
(i).Rs 1,24,900/ in her LIC policy no. 116482924 maintained at LIC of India, 127 Branch, Vasant Vihar, Delhi;
(ii).Rs.1,84,661/ in her EPF account bearing no. (Member ID)GNGGN00268540000002086 maintained at Employee Provident Fund Organisation, Gurgaon Branch, Haryana; and
(iii). Rs 6,00,000/ (maximum) in her Employee Deposit Linked Insurance (EDLI).
Since as per the additional statement of PW4 dated 09.10.2019, he has already received the sum of Rs. 4,41,346/ from NTT DATA on 14.08.2019, towards the gratuity amount, the total value of the securities held by the deceased for which succession certificate has been applied for, turns out to be Rs. 9,09,561/. 8.4. The aforesaid claim of the petitioner for issuance of succession certificate in respect of debts and securities as mentioned in the present petition has gone unrebutted and nobody SC03/19 Akash Purwar vs. The State Judgment dated 09.10.2019 Page No.5 of 6 has appeared on behalf of the public to contest the claim of the petitioner. There is also no impediment U/s 370 of the Act to grant Succession Certificate with respect to debts and securities as mentioned in the application.
CONCLUSION:
9. In view of the aforesaid observations, this court holds that petitioner is entitled for grant of Succession Certificate U/s 373 of the Act in respect of the aforementioned securities having total value of Rs. 9,09,561/ alongwith interest if any, accrued thereupon.
10. Accordingly, succession certificate be issued to the petitioner Sh. Akash Purwar on filing of corresponding court fees in terms of Article 12 Schedule I of Court Fees Act, 1870 as applicable in Delhi and Indemnitycumsurety bond of the like amount, within 30 days from today. Petition is accordingly, disposed of.
File be consigned to record room, after due compliance.
Announced in the open court on this 09th day of October, 2019 This judgment consists of 06 signed pages.
(Arun Kumar Garg) ACJ-cum-CCJ-cum-ARC(SW) Dwarka Courts, New Delhi SC03/19 Akash Purwar vs. The State Judgment dated 09.10.2019 Page No.6 of 6