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Delhi District Court

Savitiri Devi W/O Late Brij Lal vs The State (Govt. Of Nct Of Delhi) on 8 July, 2011

SCC No. 48/10

IN THE COURT OF SH. MUKESH KUMAR,  ADMINISTRATIVE 
     CIVIL JUDGE (NORTH WEST)  ROHINI COURTS,  DELHI 
Petition No.           : SCC 48/10
Date of Institution    : 31.03.2010
Date of arguments      : 08.07.2011
Date of order          : 08.07.2011


In the matter of:­ 


Savitiri Devi w/o Late Brij Lal, r/o T­574, Mangolpuri, 
Delhi­110083                             ....Petitioner/Applicant
                       Versus
1.    The State (Govt. of NCT of Delhi)
      Through
      The Divisional Commissioner, 5, Sham Nath Marg, 
      The Govt. of NCT of Delhi 11006
      The State Bank of India, 
      Branch­Block­M­Mamgolpuri, 
      New Delhi 110083
      Through it Branch Manager 

2.    Geeta Devi w/o Shri Anil Kumar 
      R/o Village Dewarpur. P.O. Langanj Ajhara, 
      P.S. Lalganj, District Pratap Nagar (U.P)

3.    Sunita Devi w/o Shri Rajesh @ Raju 

                                   1
 SCC No. 48/10

      W/o R/O T­574, Mangolpuri, Delhi­83

4.    Pushpa w/o Rajesh Kumar R/o Village Dewarpur
      P.O Lalganj Ajhara, P.S.Lalganj, District 
      Pratap Nagar, (U.P)

5.    Dinesh Kumar s/o Late Sh. Brij Lal
      r/o T­574, Mangolpuri, Delhi ­83
      Sidharth Kumar s/o Late Brij Lal 
      r/o T­574, Mangolpuri, Delhi ­83

6.    Satya Prakash s/o Late  Brij Lal 
      r/o T­574, Mangolpuri, Delhi ­83

7.    Neelam d/o Late  Brij Lal 
      r/o T­574, Mangolpuri, Delhi ­83                                    
                                                          .....Respondents

J U D G M E N T:

Vide this judgment, I shall dispose off the petition filed on behalf of the petitioner under section 372 of the Indian Succession Act for obtaining succession certificate in respect of amount of Rs. 3,21,896/­ along with its interest in bank Saving 2 SCC No. 48/10 Account No. 10665438998 in The State Bank of India Branch office situated at Block­M, Mangolpuri, New Delhi 110083 in the name of Late Sh.Brij Lal.

1. The relevant facts for the disposal of the present petition are as follows:

That the deceased Late Sh.Brij Lal died on 14.08.09 and at the time of his death he was ordinarily resident of Delhi and that he has left behind petitioner and respondents No. 3 to 9 as legal heirs.
It is further alleged that the present petition has been filed for the grant of succession certificate in respect of an amount of Rs. 3,21,896/­ along with its interest in bank Saving Account No. 10665438998 in The State Bank of India.
It is further alleged that there is no impediment in the grant of succession certificate in favour of the petitioner, Smt. Savitri being class I legal heir of the deceased.

2. General public has been served through publication in 3 SCC No. 48/10 daily newspaper 'Rashtriya Sahara' dated 14.05.10 but none has appeared from general public to oppose or contest the present petition. Notice was also issued to the other respondents.

3. Petitioner examined herself as PW1 as alleged in the petition and in support of his oral testimony relied upon documents of which death certificate of her deceased husband as Ex. PW1/A, copy of newspaper of publication as Ex. PW1/X, Photocopy of her ration card as Ex. PW1/B and photocopy of her voter I card as Ex. PW1/C. Statement of respondents were also recorded who had given their no objection in favour of the petitioner. Witness from State Bank of India, Mangolpuri, Delhi also appeared and he proved the record of bank as Ex. RW2/1.

4. I have given my thoughtful consideration to the submissions and have perused the record carefully.

5. Considering the above stated facts, this Court is of the opinion that prima facie there is no impediment for grant of 4 SCC No. 48/10 Succession Certificate in favour of petitioner Smt. Savitri in respect of in respect of amount of Rs. 3,21,896/­ along with its interest in bank Saving Account No. 10665438998 in The State Bank of India Branch office situated at Block­M, Mangolpuri, New Delhi 110083 in the name of Late Sh.Brij Lal. Accordingly, Succession Certificate is ordered to be issued in favour of Smt. Savitri in respect of amount of Rs. 3,21,896/­ along with its interest in bank Saving Account No. 10665438998 in The State Bank of India Branch office situated at Block­M, Mangolpuri, New Delhi 110083 in the name of Late Sh.Brij Lal as per rules on furnishing of requisite court fee and on furnishing of an Indemnity Bond of the same value with one surety of like amount within one month. File be consigned to Record Room.

Announced in the open court (MUKESH KUMAR) on 08.07.2011. ACJ­CUM­ARC NORTH­WEST This judgment contains 5 ROHINI COURTS, DELHI pages and each page has been signed by me. 



                                        5
 SCC No. 48/10

08.07.2011



Present:     Counsel for the petitioner.

Vide separate judgment of even date, petition filed u/s 372 of the Indian Succession Act, 1925 on behalf of the petitioner is disposed off.

File be consigned to Record Room.

(MUKESH KUMAR) ACJ­cum­ARC (North West) Rohini Courts, Delhi/08.07.2011.

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