Delhi District Court
Renu Sharma vs State on 24 November, 2023
IN THE COURT OF MR. VIVEK BENIWAL ,
ADMINISTRATIVE CIVIL JUDGE- CUM- ADDITIONAL
RENT CONTROLLER (CENTRAL) : DELHI
Petition No. : SC/117/2022
CIS No. DLCT03-003393-2022
In the matter of:-
Renu Sharma
W/o Late Sh. Ashok Kumar Sharma,
R/o 8555, Ashoka House,
Ganesh Dass Building,
Roshan Ara Road, Near Pul
Bangash Metro Station,
Malka Ganj, Delhi-110007.
...Petitioner
Versus
1. The State
(N.C.T. of Delhi)
2. Kfin Technologies Pvt. Ltd.
Unit: Reliance Industries Limited-MDAG
Selenium Tower B,
Plot No. 31 & 32, Gachibowli,
Financial District,
Hyderabad-522232.
...Respondents
Date of Institution : 05.07.2022
Date of judgment when reserved : 24.11.2023
Date of judgment when announced : 24.11.2023
JUDGMENT:
1. The present succession petition has been filed stating that the deceased, namely, Ashok Kumar Sharma (hereinafter referred as 'the deceased') died on 11.01.2011 at Delhi was husband of the petitioner. It is averred that the deceased has 984 shares of Reliance Industries Limited bearing Folio no.
SC. No. 117/2022 Renu Sharma Vs. State & Anr. 1/5 031393434 held with Kfin Technologies Limited.
2. After filing of this petition, notice was given to the general public by way of publication in the newspaper "Times of India" dated 31.10.2023, but none has appeared from general public to oppose or contest the present petition.
3. Testimony of Sh. Dharmender Pokhriyal, Sr. Associate, Kfin Technologies Ltd., Barakhamba Road, Delhi recorded as RW-1. RW-1 exhibited the letter dated 27.05.2023 furnishing the details of 984 shares of Reliance Industries limited under Folio No. 031393434 lying in the name of the deceased as Ex. RW-1/2. As per which, the tentative market value of the said shares is Rs.24,66,000/-.
4. Separate statement of one of the LRs, namely, Amit Amit of the deceased who is stated to be the son of the deceased also recorded as RW-2 with regard to his no objection to grant of Succession Certificate in favour of the petitioner. RW-2 exhibited the copy of his Aadhaar Card as Ex. RW-2/1.
5. In order to substantiate her case, the petitioner examined herself as PW-1. It is stated by PW-1 that she is the widow of the deceased and exhibited the death certificate of her deceased husband who expired on 11.01.2011 as Mark-A. It is stated by PW-1 that besides her, the deceased had one son and one daughter, namely, Amit Sharma and Latika Sharma, who have given their no objection to grant of succession Certificate in favour of the petitioner. It is also stated by PW-1 that the mother SC. No. 117/2022 Renu Sharma Vs. State & Anr. 2/5 of the deceased predeceased the deceased. It is further stated by PW-1 that the deceased did not execute any Will during his life time. PW-1 also stated that the deceased has left behind 984 shares of Reliance Industries Limited under Folio No. 031393434, and the letter, in this regard, has been exhibited in the statement of the official from RTA of Reliance Industries Limited as Ex. RW- 1/2 and the tentative market value of the said shares is Rs.24,66,000/-. PW-1 exhibited the copy of her Aadhaar Card as Ex. PW-1/1 (OS&R); No Objection Certificate of her daughter, namely, Latika Sharma as Ex. PW-1/2. PW-1 also identified the signatures of her daughter at point A and B on Ex. PW-1/2. PW-1 further stated that the deceased was residing within the territorial jurisdiction of this court and there is no impediment for grant of Succession Certificate in favour of petitioner.
6. The Court has heard submissions advanced on behalf of the petitioner and has perused the record.
7. It is no longer res integra that succession petitions are to be decided summarily. Sec. 373 of the Indian Succession Act provides that a succession petition is to be decided in a summary manner and even if court cannot decide the right to the certificate without determining questions of law or fact which may seem to be too complicated and difficult for determination in a summary proceedings, the Court may nevertheless grant a certificate to a person if he appears to be the person having prima facie the best title thereto. Thus U/s. 373 of Indian Succession Act, only prima facie case is to be seen and other questions of law and fact which may be complicated are to be decided by a regular civil court.
SC. No. 117/2022 Renu Sharma Vs. State & Anr. 3/5
8. In the case of Madhvi Amma Bhawani Amma and others Vs. Kunjikutty Pillai Meenakshi Pillai and others, Respondents, AIR 2000 Supreme Court 2301=2000 AIR SCW 2432 it was held that sub-sec. (3) of S. 373 of Succession Act which deals with procedure for grant of certificate reveals two things;
"...first adjudication is in a summarily proceedings and secondly if the question of law and fact are intricate or difficult, it could still grant the said certificate based on applicants prima facie title. In other words the grant of certificate under it is only a determination of prima facie title. This as a necessary corollary confirms that it is not a final decision between the parties. So, it cannot be construed that mere grant of such certificate or a decision in such proceeding would constitute to be decision on an issue finally decided between the parties. If that be so how could principle of res judicata be made applicable to a case in a subsequent suit?".
9. Section 8 of the Hindu Succession Act, 1956 provides that when a Hindu male dies intestate, his property shall first devolve upon the Class-I legal heirs specified in The Schedule of the Act. Mother, widow, son and daughter are class-I legal heirs as per the Schedule. It is categorically stated by PW-1 that the mother of the deceased predeceased the deceased. It is also stated by PW-1 that the deceased did not execute any Will during his life time. It is further stated by PW-1 that besides her, the deceased had one son and one daughter, namely, Amit Sharma and Latika Sharma, who have given their no objection to grant of succession Certificate in favour of the petitioner.
10. In the present petition, petitioner is stated to be the wife of the deceased and deceased had one son and one daughter SC. No. 117/2022 Renu Sharma Vs. State & Anr. 4/5 who have their no objection certificate to grant succession certificate in favour of the petitioner. As such, petitioner is entitled to grant of Succession Certificate.
11. In view of the evidence adduced by the parties which have remained unrebutted and uncontroverted, the court is of the considered opinion that there is prima-facie no impediment for grant of Succession Certificate in favour of the petitioner, namely, Renu Sharma, in respect of 984 shares of Reliance Industries Limited, in terms of Ex. RW-1/2 having total market value of Rs.24,66,000. Succession Certificate granted accordingly. Succession certificate be drawn on deposit of requisite proportionate court fee of Rs.61,650 and on furnishing an Indemnity Bond with one surety within 45 days.
File be consigned to Record Room after due
compliance. Digitally signed
by VIVEK
BENIWAL
VIVEK Date:
BENIWAL 2023.11.24
16:38:34
+0530
Announced in the open (VIVEK BENIWAL)
court on 24.11.2023 Administrative Civil Judge-cum-
Additional Rent Controller (Central)
Delhi.
SC. No. 117/2022 Renu Sharma Vs. State & Anr. 5/5