Delhi District Court
Prabjit Singh Bedi vs State on 18 February, 2020
IN THE COURT OF SHRI ARVIND BANSAL
ACJcumCCJcumARC (SOUTHEAST), SAKET COURT, NEW DELHI
SC No. 109/17
Prabjit Singh Bedi
s/o Late Sh. Amrik Singh Bedi
r/o H. No. 125, Sukhdev Vihar,
New Delhi 110025 .... Petitioner
Versus
1.State
Through: SDM concerned
2. Dilpreet Singh Bedi
r/o H. No. 125,
Sukhdev Vihar,
New Delhi 110025.
...Respondents
PETITION FOR GRANT OF SUCCESSION CERTIFICATE UNDER
SECTION 372 OF THE INDIAN SUCCESSION ACT, 1925
1. Date of Institution of Petition : 31.08.2017
2. Date of Judgment : 18.02.2020
3. Decision : Petition Allowed
JUDGMENT
1. This Judgment shall dispose off a petition filed by Prabjit Singh Bedi for grant of succession certificate in his favour qua the debt and securities which are existing in the name of his father Late Amrik Singh Bedi held with various companies in the form of shares.
2. In the petition, it is interalia pleaded that Late Amrik Singh Bedi was father of petitioner, who expired on 24.10.2009 and immediately before his death, he was ordinarily residing within the territorial jurisdiction of this ___________________________________________________________________ SC No. 109/17 Prabjit Singh Bedi Vs. State Page no. 1 of 4 Court. It is stated that death certificate also refers to the permanent address of deceased to be within the jurisdiction of this Court.
3. The record of the Court file reflects that the notice of this petition was given to general public by way of publication in the newspaper 'The Sikh Times' on 16.09.2017. In response to the notice, no person from the general public came forward to offer any objection(s) qua grant of succession certificate to the petitioner.
4. During the summary proceedings conducted as per Section 373 of the Indian Succession Act, 1925, 05 witnesses were examined.
5. During his testimony, PW1 Prabhjit Singh Bedi tendered his evidence by way of affidavit which is Ex. PW1/A. He also relied upon the documents which are Ex. PW1/1 to Ex PW1/9 including death certificate of his father, copy of share certificates (OSR), letter received from Mahindra & Mahindra Limited and Karvy Computer Share Pvt. Ltd.
6. During his testimony, PW2 Mohd. Ashraf Hasnain, Retainer, M/s Mahindra & Mahindra Limited deposed that deceased held 800 shares with their company. He further deposed that 800 bonus shares of deceased were credited to Investor Education and Protection Fund (IEPF) authority on 26.12.2017. He produced a letter dated 28.07.2018 issued by Karvy Computer Share Private Limited which is Ex. PW2/A (colly).
7. During his testimony, PW3 Abhisekh Kumar, official of Karvy Fintech Pvt Ltd., proved the summoned record i.e statement of 800 shares vide Folio No. B0001279 held by deceased Amrik Singh Bedi in Mahindra & ___________________________________________________________________ SC No. 109/17 Prabjit Singh Bedi Vs. State Page no. 2 of 4 Mahindra Limited. He stated that said shares had been transferred to IEPF account, and 800 bonus shares have also been transferred to IEPF. The value of each share on 05.06.2019 was Rs. 651/. The report is Ex. PW3/A (colly).
8. During his testimony, RW1 Jai Bhagwan, Patwari, office of SDM, Defence Colony proved the Legal Heir Report of deceased which is Ex. RW1/1.
9. During his testimony, RW2 Dilpreet Singh Bedi deposed that he did not have any objection, if the succession certificate was issued in favour of petitioner. His NOC is already Ex. PW1/9.
10. I have perused the record and the testimonies of PW1 to PW3 and RW1 and RW2.
Perusal of the list of legal heirs of deceased (Ex. RW1/1) shows that there is no other legal heir of Late Amrik Singh Bedi except the petitioner and respondent no. 2 who has given his no objection to the issuance of succession certificate in favour of the petitioner. Further, no one came forward to oppose issuance of succession certificate despite publication in newspaper.
In view of the report regarding legal heirs, no objection of respondent no. 2 before this Court and no opposition of any member of public, it is hereby ordered that a succession certificate be issued in favour of the petitioner namely Prabjit Singh Bedi qua the debts and securities of his deceased father Amrik Singh Bedi which are as follows:
Shareholdings/Dividend S.N Name of company Folio No. Quantity Value
1. Mahindra & Mahindra B0001279 800 Rs. 5,20,800/ Limited Mahindra & Mahindra 800 Bonus Rs. 5,20,800/ ___________________________________________________________________ SC No. 109/17 Prabjit Singh Bedi Vs. State Page no. 3 of 4 Limited Shares Mahindra & Mahindra Unclaimed Rs. 60,800/ Limited Dividend.
TOTAL Rs. 11,02,400/
11. The succession certificate shall be considered only as an entitlement of the petitioner to receive the amount due towards Late Amrik Singh Bedi and transfer of shares / dividend thereupon as referred above. The succession certificate shall not be considered as a direction to the concerned company to release the aforesaid amount or transfer the shares/dividend to petitioner. The concerned company be competent to seek compliance of formalities, if any, to be fulfilled by the petitioner, for release of the aforesaid amount or transfer of shares/dividends.
Upon filing of requisite Court fees of Rs. 27,560/ and indemnity bond with surety by petitioner, succession certificate be issued.
File be consigned to record room after due compliance as per law.
Announced in open Court (ARVIND BANSAL)
on 18.02.2020 ACJcumCCJcumARC
SouthEast District,
Saket Courts, New Delhi.
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