Delhi District Court
Namita Nayak Chopra vs The State & Others on 6 February, 2023
In The Court Of Ms. Paridhi Sharma, Administrative Civil Judge
cumCommercial Cases JudgecumAdditional Rent Controller,
South West District, Dwarka Courts, Delhi.
CNR No. : DLSW030016142021
Under Section : 372 of The Indian Succession Act, 1925
Namita Nayak Chopra versus The State & Others
a) Succession Court Case No. : 131/2021
b) Name & address of the : Namita Nayak Chopra,
petitioner W/o Late Dr. Virinder Kumar
Chopra, R/o A18,
Pushpanjali Farms,
Bijwasan, New Delhi.
c) Name & address of the : 1. The State (NCT of Delhi)
respondents
2. Ananya Chopra,
D/o Late Dr. Virinder Kumar
Chopra, R/o A18,
Pushpanjali Farms,
Bijwasan, New Delhi.
3. Saumya Chopra,
D/o Late Dr. Virinder Kumar
Chopra, R/o A18,
Pushpanjali Farms,
Bijwasan, New Delhi.
4. The Branch Manager,
Standard Chartered Bank,
10, Sansad Marg,
New Delhi110001.
Succession Court Case No. 131/21 Namita Nayak Chopra v. The State & Ors. Page 1/9
5. The Branch Manager,
Standard Chartered Bank,
Unique Centre, Waterfield
Road, Bandra West,
Mumbai 400050.
6. The Branch Manager,
HDFC Bank Ltd.
Linking Road, Santacruz
West, Mumbai 400054.
Date of Institution : 31.08.2021
Final arguments heard on : 06.02.2023
Judgment pronounced on : 06.02.2023
Petition under Section 372 of The Indian Succession Act, 1925
for grant of succession certificate in respect of the debts and
securities of deceased, Virinder Kumar Chopra @ Dr. Vir K
Chopra @ Virinder Kumar Dinanath Chopra @ Virinder Chopra
@ Vir Chopra @ Virender Kumar Chopra.
JUDGEMENT
1. The present petition has been filed by the petitioner for grant of succession certificate under section 372 of Indian Succession Act, 1925 (herein after referred to as the "Act"), in respect of debts and securities of deceased, Virinder Kumar Chopra @ Dr. Vir K Chopra @ Virinder Kumar Dinanath Chopra @ Virinder Chopra @ Vir Chopra @ Virender Kumar Chopra.
Succession Court Case No. 131/21 Namita Nayak Chopra v. The State & Ors. Page 2/92. Factual Matrix: The case of the petitioner is that the petitioner is the wife of the deceased and respondents no. 2 & 3 are the daughters of the deceased. It is averred that deceased, Virinder Kumar Chopra @ Dr. Vir K Chopra @ Virinder Kumar Dinanath Chopra @ Virinder Chopra @ Vir Chopra @ Virender Kumar Chopra died on 05.07.2021. It is further averred that the deceased was a resident of A18, Pushpanjali Farms, Bijwasan, New Delhi110061 which falls within the jurisdiction of this court. Further, it is averred that the deceased was survived by three legal heirs that is, petitioner (wife of the deceased) and respondents no. 2 & 3 (daughters of the deceased). The petitioner has approached this court with the instant petition seeking grant of succession certificate in respect of securities of the deceased i.e. savings bank accounts maintained with Standard Chartered Bank, Sansad Marg; Standard Chartered Bank, Bandra West, Mumbai and HDFC Bank Ltd., Santacruz West, Mumbai.
3. Summoning of respondents and chain of subsequent events: Notice of the petition was ordered to be published in newspaper and accordingly, publication was done in newspaper titled as "Veer Arjun" dated 25.09.2021, but none appeared on behalf of public at large, to raise any objection to grant of succession certificate in favour of petitioner.
Succession Court Case No. 131/21 Namita Nayak Chopra v. The State & Ors. Page 3/94. Pursuant to the notice issued to respondents, officials on behalf of respondents no. 4 to 6 appeared before the court and filed relevant record in respect of securities of the deceased i.e. savings bank accounts maintained with Standard Chartered Bank, Sansad Marg; Standard Chartered Bank, Bandra West, Mumbai and HDFC Bank Ltd., Santacruz West, Mumbai.
Respondents no. 2 & 3 filed their affidavitscumNOC wherein it is stated that they have no objection to grant of succession certificate in favour of the petitioner.
5. Evidence adduced by the petitioner: Petitioner i.e., Namita Nayak Chopra got herself examined as PW1 and tendered her evidence by way of an affidavit which is Ex. PW1/A and relied on the following documents:
(i) Copy of Aadhar card of petitioner marked as Ex. PW1/1 in Ex. PW1/A which is deexhibited.
(ii) Copy of death certificate of deceased namely, Virinder Kumar Chopra marked as Ex. PW1/2 in Ex. PW1/A which is re exhibited as Ex. PW1/1.
PW1 stated that mother of the deceased predeceased the deceased, namely, Virinder Kumar Chopra.
PW1 further deposed that she seeks succession certificate in respect of securities i.e. Savings Bank Account bearing A/c no. 52510004403 having an amount of Rs. 10,26,623.13 as on 30.06.2022 maintained with Standard Chartered Bank, Sansad Marg, New Delhi; Savings Bank A/c no. 23810010164 having an amount of Succession Court Case No. 131/21 Namita Nayak Chopra v. The State & Ors. Page 4/9 Rs. 65,37,769.39 as on 30.06.2022 maintained with Standard Chartered Bank, Bandra West, Mumbai and Savings Bank Account bearing A/c no. 00791370005843 having an amount of Rs. 7,23,810.14 as on 01.01.2023 maintained with HDFC Bank, Santacruz West, Mumbai. The total value of securities is Rs. 82,88,202.66 (Rupees eighty two lakhs eighty eight thousand two hundred two and sixty six paise only).
6. Thereafter, petitioner's evidence was closed and final arguments were heard.
7. Arguments, Appreciation of Evidence and Reasons:
I have heard learned counsel for the petitioner, perused the material placed on record and considered the submissions advanced.
8. In Madhvi Amma Bhawani Amma & Ors. v.
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 Succession Court Case No. 131/21 Namita Nayak Chopra v. The State & Ors. Page 5/9 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".
9. From the oral and documentary evidence on record, prima facie findings are as under:
a) The deceased was a resident of A18, Pushpanjali Farms, Bijwasan, New Delhi110061 as reflected in the Succession Court Case No. 131/21 Namita Nayak Chopra v. The State & Ors. Page 6/9 death certificate which is Ex. PW1/1. The matter thus, falls within the jurisdiction of this court.
b) Deceased had expired on 05.07.2021 leaving behind three classI legal heirs that is, petitioner (wife of the deceased) and respondents no. 2 & 3 (daughters of the deceased).
10. Debts and Securities: The deceased died intestate qua debts and securities which are mentioned in the petition as well as in the testimony of PW1. The same are savings bank accounts having an amount of Rs. 82,88,202.66 (Rupees eighty two lakh eighty eight thousand two hundred two and sixty six paise only) (details of the securities are mentioned in the given table).
S. Savings Bank A/c Branch Amount (Rs.)
No. no.
1. 52510004403 Standard Chartered, 10,26,623.13 as
Sansad Marg, New on 12.08.2022
Delhi
2. 23810010164 Standard Chartered, 65,37,769.39 as
Bandra West, Mumbai on 12.08.2022
3. 00791370005843 HDFC Bank Ltd., 723,810.14 as on
Santacruz West, 17.01.2023
Mumbai
Total Rs. 82,88,202.66
Succession Court Case No. 131/21 Namita Nayak Chopra v. The State & Ors. Page 7/9
Therefore, the total value of the securities held by the deceased for which succession certificate has been applied for is an amount of Rs. 82,88,202.66 (Rupees eighty two lakh eighty eight thousand two hundred two and sixty six paise only) (details of the accounts are mentioned in the abovementioned table).
11. The aforesaid claim of the petitioner has gone unrebutted and none has appeared on behalf of the public to contest the claim of the petitioner. There is also no impediment under section 370 of the Act to grant succession certificate with respect to debts and securities as mentioned in the petition.
12. Conclusion: In view of the reasons spelled above, this court holds that petitioner is entitled to grant of succession certificate under section 373 of the Act in respect of aforementioned debts and securities i.e. Rs. 82,88,202.66 (Rupees eighty two lakh eighty eight thousand two hundred two and sixty six paise only) (details of the accounts are mentioned in the table in para 10) alongwith interest/dividend, if any, accrued thereupon.
13. Accordingly, succession certificate be issued to the petitioner on filing of corresponding court fees in terms of Article 12 Schedule I of Court Fees Act, 1870 as applicable in Delhi and Succession Court Case No. 131/21 Namita Nayak Chopra v. The State & Ors. Page 8/9 Indemnitycumsurety bond of the like amount, within 30 days from today. Petition is accordingly, disposed of.
Announced in the open court today i.e. 06.02.2023 Paridhi Sharma ACJCCJARC/South West Dwarka Courts: New Delhi Succession Court Case No. 131/21 Namita Nayak Chopra v. The State & Ors. Page 9/9