Bangalore District Court
Mrs.Nishi Shisodia vs Nil on 21 October, 2021
1 P&SC.No.187/2021
IN THE COURT OF THE XXV ADDL. CITY CIVIL &
SESSIONS JUDGE
AT BANGALORE CITY - CCH NO.23.
DATED THIS THE 21 st DAY OF OCTOBER, 2021.
PRESIDING OFFICER
PRESENT : Sri.Mohan Prabhu
M.A., L.LM.,
XXV ADDL. CITY CIVIL & SESSIONS JUDGE,
BANGALORE.
P&SC.No.187/2021
PETITIONER/S: 1. Mrs.Nishi Shisodia,
Aged about 41 years,
W/o Late Sandeep Shisodia,
R/at, Viva-704, SJR Verity,
Hosa road,
Bangalore - 560 035.
Presently residing at
C 207, SJR Redwoods Apartment,
Haralur road,
Ambalipura,
Bangalore - 560 102.
2. Miss. Aarushi Shisodia,
Aged about 17 years (minor)
D/o Late Sandeep Shisodia
Represented by Natural guardian,
Mother - Mrs. Nishi Shisodia
(petitioner No. 1)
R/at C 207,
2 P&SC.No.187/2021
SJR Redwoods Apartment
Haralur road,
Ambalipura,
Bangalore - 560 102.
3. Master Aarav Shisodia
Aged about 13 years (minor)
S/o Late Sandeep Shisodia
Represented by Natural guardian,
Mother - Mrs. Nishi Shisodia
(petitioner No. 1)
R/at C 207,
SJR Redwoods Apartment
Haralur road,
Ambalipura,
Bangalore - 560 102.
4. Mr.Ranjit Singh Shisodia
Aged about 73 years,
S/o Late K.S.Shisodia
R/at Vera-605 SJR Verity,
Amrutha college road,
Opposite Sarjapura road,
Kasavanahalli,
Bangalore - 560 035.
5. Mrs. Shashi K. Shisodia
W/o Ranjit S Shisodia
Aged about 70 years,
R/a Vera-605 SJR Verity,
Amrutha college road,
Opposite Sarjapura road,
Kasavanahalli,
Bangalore - 560 035.
3 P&SC.No.187/2021
(By Sri.MSV, Advocate)
Vs.
RESPONDENT/S: Nil
(By Sri. Advocate)
* * * * *
JUDGMENT
1. This petition is filed under section 372 of Indian Succession Act for grant of Succession Certificate.
2. The summary of the petition averments is as under:
The Petitioner No. 1 is the wife, petitioner No. 2 and 3 are the children and Petitioner No. 4 & 5 are the parents of one late Sandeep Shisodia. The petitioners are the only surviving legal heirs of 4 P&SC.No.187/2021 deceased Sandeep Shisodia who unfortunately passed away on 5.2.2021 at Star Hospitals, Banjara Hills, Hyderabad. Sri. Sandeep Shisodia died intestate leaving behind the Petitioners. He was born on 19.7.1976 in Jamshedpur, Jharkand, India. He married to the Petitioner No. 1 on 15.12.2001. Out of their wedlock petitioner No. 2 and 3 are born.
Late Sandeep Shisodia was a post graduate in Management from Indian School of Business, Hyderabad and he earned a B.E. Degree in Mechanical Engineering from Birla Institute of Technology, Ranchi. During the life time of Sandeep Shisodia he was residing along with the Petitioners at Bangalore. On work deputation he had moved to Dubai in the year 2010. Hence all the Petitioners moved with him to Dubai. The Petitioner No. 4 and 5 resided in Bangalore. Sandeep Shisodia 5 P&SC.No.187/2021 was working with a company named Bahwan Cybertek Limited at Dubai. Later leaving the said company he started an IT Consulting Services Company under the name and style of Tech Partners Me Technology Consulting Services in Dubai in the year 2013. This company is registered in Dubai. Late Sandeep Shisodia came back to Bangalore and lived with his family Petitioner No. 1 to 3 at Viva 704, SJR Verity, Hosaroad, Bangalore and worked along with his wife Petitioner No. 1 and with his father Petitioner No.4 at their company Tech Partners Consulting Services Private Limited which was established by Petitioner No.1 and 4 at Bangalore in July 2013.
3. In the month of January 2019 late Sandeep Shisodia worked with Hitachi Vantara, India Pvt. Ltd, 6 P&SC.No.187/2021 as Services Sales Principal at Bangalore. He left the said company in February 2020. After leavig the said company, he joined another Hyderabad - based company namely, Invento Labs at Hyderabad as a COO. On work deputation he was asked to go to Hyderabad for a brief period of time, in the month of June 2020. He temporarily resided there at B- 802, Mahindra Ashvita Apartment, Hafeezpet road, Hyderabad - 560072. Then Mr. Sandeep Shisodia unfortunately died on 5.2.2021 at Star Hospitals, Banjara Hills, Hyderabad due to massive Pulmonary Thromboembolism Refractory Cardiogenic shock and Hypoxic Ischemic brain injury.
4. The Petitioners are the only surviving legal heirs of deceased Late Sandeep Shisodia and they are 7 P&SC.No.187/2021 therefore entitled to realize the proceeds or the estates and the assets belonging to the deceased.
5. Sandeep Shisodia had the following assets in his name at the time of his death which are as follows:
(A) AEGON Religare Life Insurance Policy held with AEGON Religare Life Insurance company bearing policy No. 510021116716 commenced on 31.3.2010 to the date of maturity being 30.3.2020 for a sum assured of Rs.40 lakhs.
(B) Employees Provident Fund held with Invento Labs Pvt. Ltd., bearing establishment ID No. APHYD15930920000 and bearing member No. APHYD1530920000010051 in the name of the deceased Sandeep Shisodia and also bearing UAN No. 101408836242.8 P&SC.No.187/2021
(C) Savings Bank Account of the deceased Sandeep Shisodia at ICICI Bank bearing Account No. 057701500807 bearing MICR Code 560229061 and IFSC code ICIC0001949.
(D) ICICI Lombard Health Insurance Policy, dated 16.10.2019, bearing Policy No. 4128/iH/83850275/04/000 and Card No. 101212813 issued in the name of the deceased late Sandeep Shisodia.
(E) ICICI Pru LifeTime Insurance Policy, issued on 13.06.2006 bearing Policy No. 02934525 in the name of the deceased Sandeep Shisodia.
(F) Employees Provident Fund held with Hitachi Data Systems India Pvt. Ltd. Bearing establishment No. MHBAN0049597000 and bearing member No. 9 P&SC.No.187/2021 MHBAN00495970000010374 and also bearing UAN No. 101408836242 in the name of the deceased Sandeep Shisodia.
(G) Employees Provident Fund held with Hitachi Vantara India Pvt Ltd. Bearing establishment No. MHBAN1717731000 and bearing member No. MHBAN17177310000010228 and also bearing UAN No. 101408836242 in the name of the deceased, Sandeep Shisodia.
(H) The company TechPartners ME Technology Consulting Services is registered in the name of late Sandeep Shisodia at Dubai with Dubai Economics Department bearing License No. 660626. 10 P&SC.No.187/2021 (I) Maruti SX4 VXI B34, Saloon Car (P White in colour) bearing Reg No. KA20Z5752 registered dated 15.10.2013 owned by late Sandeep Shisodia. (K) Gold Bond bearing reference No. 2020/23822 dated 15 th May 2020 of value of Rs.6,03,820/- in the name of the deceased Sandeep Shisodia with Reserve Bank of India Mumbai Banking Department.
6. The Petitioner No. 2 to 5 have no objection for the grant of the Succession Certificate in the name of the Petitioner No. 1. Hence on these grounds the Petitioners prays to allow this petition.
7. In response to the petition notice published in the New Indian Express news paper nobody has come forward to appear and contest.
11 P&SC.No.187/2021
8. The Petitioner No. 1 examined herself as PW1, Petitioner No. 4 examination as PW2, Petitioner No. 5 is examined as PW3. The documents Ex.P1 to Ex.P22 are marked on the side of the petitioners.
9. I have heard the arguments on the side of the learned counsel for the petitioners.
10. The following points would arise for my consideration:
(1) Whether the petitioners are
entitled for the relief as sought
for ?
(2) What order ?
11. My findings to the above points are as under:
Point No.1: In the Affirmative
Point No.2: As per the final order
for the following:
12 P&SC.No.187/2021
REASONS
12. Point No. 1: PW1 to PW3 in their examination- in-chief affidavit have reiterated the petition averments. Since the examination-in-chief of PW1 to PW3 are replica of the petition averments it need not be reproduced once again. PW1 to PW3 in their examination-in-chief have deposed that Sandeep Shisodia died on 5.2.2021 at Star Hospitals, Banjara Hills, Hyderabad. In order to substantiate this contention they have produced the document Ex.P6 death certificate. PW1 to PW3 have deposed that the marriage of the Petitioner No.1 (PW1) performed with Sandeep Shisodia on 15.12.2001. In order to substantiate this contention the Petitioners have produced and got marked the document Ex.P7 certificate of marriage. PW1 to PW3 have deposed that out of the marriage wedlock of Petitioner No. 1 13 P&SC.No.187/2021 and Sandeep Shisodia petitioner No. 2 was born on 13.8.2003 and petitioner No. 3 was born on 26.12.2007. The document Ex.P8 is the notarised attested true copy of birth certificate of 2 nd petitioner to show that she was born on 13.8.2003. Ex.P9 is the notarised attested true copy of certificate to show that the 3 rd petitioner born on 26.12.2007.
13. PW1 to PW3 have deposed that during the life time of Sandeep Shisodia he was running IT Consulting Services Company under the name and style of TechPartners Me Technology Consulting Services in Dubai. In order to substantiate this contention the petitioners have got marked the documents Ex.P10 downloaded professional license. It is the case of the Petitioners is that during the life time of Sandeep Shisodia he was having life insurance policy of AEGON Religare Life Insurance 14 P&SC.No.187/2021 Policy. In order to substantiate this contention the petitioners have produced the document Ex.P11 downloaded policy and letter. PW1 has deposed that her husband is having Employees Provident Fund in Invento Labs Private Limited. In order to substantiate this contention the Petitioners have produced the document Ex.P12 downloaded document. The document Ex.P13 is the downloaded ID card of the deceased regarding EPF account. PW1 to PW3 have deposed that the deceased Sandeep Shisodia has saving account in ICICI Bank. The document Ex.P14 is the downloaded document of the saving bank account of the deceased. PW1 to PW3 have deposed that the deceased has ICICI Lombard Health Insurance Policy. In order to substantiate this contention the petitioners have produced the document Ex.P15 downloaded copy. PW1 to PW3 15 P&SC.No.187/2021 have deposed that the deceased has insurance policy in ICICI Pru Lifetime Insurance Policy. They have produced the document Ex.P16 to show that the deceased has such insurance policy. PW1 to PW3 have deposed that the deceased has EPF held with Hitachi Data System India Private Limited. The document Ex.P17 is the downloaded copy of EPF held with Hitachi Data System India Private Limited standing in the name of deceased Sandeep Shisodia. PW1 to PW3 have deposed that the deceased has EPF in Hitachi Vantara India Private Limited. The document Ex.P18 is the downloaded statement of said EPF in Hitachi Vantara India Private Limited. PW1 to PW3 have also deposed that the deceased also having Maruthi SX4 VXI B 34 Saloon Car. In order to substantiate this contention they have produced the document Ex.P19 notarised attested true copy of 16 P&SC.No.187/2021 RC. The document Ex.P20 is the notarised attested true copy of Aadhar card of the deceased Sandeep Shisodia. PW1 to PW3 have deposed that the deceased Sandeep Shisodia was also purchased gold bond on 15.5.2020 of value of Rs.6,03,820/-. In order to substantiate this contention they have produced the document Ex.P21 downloaded printout confirmation receipt.
14. The oral evidence of PW1 to PW3 is corroborating with the documents Ex.P1 to Ex.P21. The document Ex.P22 is the certificate under section 65B of Evidence Act with respect to the document Ex.P10 to 18 and Ex.P21 which are all downloaded copies. The petitioners have also produced the originals of the documents Ex.P1 to Ex.P9, Ex.P19 and Ex.P20 for comparison as these documents are all notarised attested true copies. This court after 17 P&SC.No.187/2021 comparing the original with notarised attested true copy returned the original as it tallies with the document Ex.P1 to Ex.P9, Ex.P19 and 20. In this petition PW2 and PW3 who are parents of the deceased Sandeep Shisodia submitted they have no objection to issue succession certificate in the name of the petitioner No. 1. Petitioner No. 2 and 3 are the minor children of the Petitioner No. 1 and the deceased Sandeep Shisodia. The Petitioner No. 1 / PW1 is representing as minor guardian of Petitioner No. 2 and 3 also. The Petitioners being the legal heirs of the deceased Sandeep Shisodia and all of them being class I heirs as per section 8 of Hindu Succession Act they are entitled for Succession Certificate. Since the Petitioner No. 4 and 5 (PW2 and PW3) have no objection to issue Succession Certificate to PW1, there is no impediment to issue 18 P&SC.No.187/2021 Succession Certificate in the name of Petitioner No. 1 / PW1. Hence I answer point No. 1 in the Affirmative.
14. Point No. 2: In view of my findings to the above point, I proceed to pass the following:
ORDER The petition filed by the petitioners under section 372 of Indian Succession Act is hereby allowed.
Issue Succession certificate
to the petitioner No.1 in
respect of of the petition
schedule properties / assets on
furnishing requisite stamp
papers.
19 P&SC.No.187/2021
The Petitioner No. 1 shall
protect the interest of the
minor Petitioner No. 2 and 3.
(Dictated to the Judgment Writer, transcribed, computerized and printout taken by her, revised and then pronounced by me in the open court on this the 21 st day of October 2021) (Mohan Prabhu ) XXV ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE.
ANNEXURE Witnesses examined for the plaintiff/s :
PW1 - Nishi Shisodia PW2 - Ranjit Singh Shisodia PW3 - Shashi K Shisodia
Witness examined for the defendant/s Nil Documents marked for the plaintiff/s :
Ex.P1 - Notarised Aadhar card
20 P&SC.No.187/2021
Ex.P2 - Notarised Aadhar card
Ex.P3 - Notarised Aadhar card
Ex.P4 - Notarised Aadhar card
Ex.P5 - Notarised Aadhar card
Ex.P6 - Death certificate
Ex.P7 - Notarised marriage certificate
Ex.P8 - Notarised birth certificate
Ex.P9 - Notarised birth certificate
Ex.P10 - Professional license downloaded copy Ex.P11 - AEGON Religere Life Insurance Ex.P12 - EPF downloaded copy Ex.P13 - EPF ID card downloaded document Ex.P14 - Downloaded copy of savings Ex.P15 - ICICI Lombard Health Insurance Policy Ex.P16 - ICICI Pru Lifetime Insurance downloaded copy Ex.P17 - Hitachi Data Systems India Pvt. Ltd.
Downloaded statement Ex.P18 - Notarised EPF extract of Hitachi Vantara India Private Limited Ex.P19 - Notarised copy of RC of Maruthi car Ex.P20 - Notarised copy of Aadhar card Ex.P21 - Downloaded copy of gold bond 21 P&SC.No.187/2021 Ex.P22 - Certificate u/s 65B of Evidence Act Documents marked for the defendant/s :
Nil (Mohan Prabhu ) XXV ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE.
22 P&SC.No.187/2021 Judgment pronounced in the open court (vide separate detailed Judgment) ORDER The petition filed by the petitioners under section 372 of Indian Succession Act is hereby allowed. Issue Succession certificate to
the petitioner No.1 in respect of of the petition schedule properties / assets on furnishing requisite stamp papers.
The Petitioner No. 1 shall protect the interest of the minor Petitioner No. 2 and 3.
XXV ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE.23 P&SC.No.187/2021