Delhi District Court
Namita Nayak Chopra vs State And Ors on 9 October, 2023
In The Court Of Siddhant Sihag, Administrative Civil Judge-
cum-Commercial Cases Judge-cum-Additional Rent
Controller, South West District, Dwarka Courts, Delhi.
CNR No. : DLSW03-000918-2023
Under section : 376 of The Indian Succession Act,
1925
Namita Nayak Chopra versus State & Ors.
a) Succession Court Case No. : 57/2023
b) Name & address of the : Namita Nayak Chopra,
petitioner W/o Late Sh. Virinder
Kumar Chopra,
R/o A-18, Pushpanjali
Farms, Bijwasan,
New Delhi.
c) Name & address of the : 1. State (Govt. of NCT
respondents of Delhi).
2. Ms. Ananya Chopra,
D/o Late Sh. Virinder
Kumar Chopra,
R/o A-18, Pushpanjali
Farms, Bijwasan,
New Delhi.
Succession Court Case No. 57/2023 Namita Nayak Chopra v. State & Ors. Page 1 of 13
3. Ms. Saumya Chopra,
D/o Late Sh. Virinder
Kumar Chopra,
R/o A-18, Pushpanjali
Farms, Bijwasan,
New Delhi.
4. Standard Chartered
Securities (India) Ltd.,
Malviya Smriti Bhawan,
Plot No. 52-53 DDU
Marg, New Delhi-110002.
5. Motilal Oswal Wealth
Limited,
Tolstoy House, 605-607,
6th Floor, Tolstoy House
15-17, Tolstoy Marg,
New Delhi-110001.
Date of Institution : 22.03.2023
Final arguments heard on : 25.09.2023
Judgment pronounced on : 09.10.2023
Petition under Section 376 of The Indian Succession Act, 1925
for the extension of succession certificate in respect of debts
and securities of deceased, Virinder Kumar Chopra @ V. K.
Chopra @ Virinder Kumar Dinanath Chopra @ Virinder
Chopra @ Vir Chopra @ Virender Kumar Chopra.
Succession Court Case No. 57/2023 Namita Nayak Chopra v. State & Ors. Page 2 of 13
JUDGEMENT
1. The present petition has been filed by the petitioner for grant of extension of succession certificate under section 376 of The Indian Succession Act, 1925 (hereinafter referred to as the "Act") issued in succession petition no. 131/2021 titled as "Namita Nayak Chopra v. State & Ors" vide order dated 16.02.2023, in respect of debts and securities of deceased, Virinder Kumar Chopra @ V. K. Chopra @ Virinder Kumar Dinanath Chopra @ Virinder Chopra @ Vir Chopra @ Virender Kumar Chopra.
2. Factual Matrix: The case of the petitioner is that petitioner is the wife of the deceased. It is averred that deceased, Virinder Kumar Chopra @ V. 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 prior to his death, resided at A-18, Pushpanjali Farms, Bijwasan, New Delhi-110061, 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 petitioners no. 2 & 3 (daughters of the deceased).
Succession Court Case No. 57/2023 Namita Nayak Chopra v. State & Ors. Page 3 of 133. It is submitted that after the issuance succession certificate in Succ Court no. 131/2021 titled as Namtia Nayak Chopra v. State & Ors. vide order dated 06.02.2023, the securities mentioned in the instant petition had not been included in the original petition as the petitioner was not aware about the said securities.
4. The petitioner has approached this court with the instant petition seeking grant of succession certificate in respect of securities of the deceased that is, funds/shares lying in DP ID 12010900 with client ID 01399998 against strategy code no. NTD25539 with strategy name Next Trillion Dollar Opportunity, client ID 1467001 and client ID 0320501 maintained with Motilal Oswal Wealth Limited.
5. Petitioner has also sought succession certificate in respect of funds/securities lying with Standard Chartered Securities (India) Limited vide DP ID: IN300360 with client ID 21679024 in the name of the deceased.
6. 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 17.07.2023, but none Succession Court Case No. 57/2023 Namita Nayak Chopra v. State & Ors. Page 4 of 13 appeared on behalf of public at large, to raise any objection to grant of succession certificate in favour of petitioner.
7. Pursuant to notice, respondents no. 2 & 3 appeared before the court and submitted that they have no objection to the grant of succession certificate in favour of the petitioner. They filed their affidavit-cum-no objection certificates in this regard.
8. Evidence adduced by the petitioner: Petitioner got herself examined as a witness that is, PW-1 and tendered her evidence by way of an affidavit which is Ex. PW-1/A. Petitioner relied on the following documents:-
(i) Copy of her passport marked as Ex. PW-1/1.
(ii) Copy of surviving member certificate is Ex. PW-1/2.
(iii) Copy of death certificate of deceased namely, Virinder Kumar Chopra marked as Ex. PW-1/3.
(iv) Copy of succession certificate issued by this Court in succession case no. 131/2021 is marked as Mark A.
9. PW-1 deposed that the mother of the deceased pre- deceased the deceased, namely, Virinder Kumar Chopra. PW-1 further deposed that she seeks succession certificate in respect of securities i.e. Mutual funds and securities lying in:
Succession Court Case No. 57/2023 Namita Nayak Chopra v. State & Ors. Page 5 of 13i) strategy code no. NTD25539, strategy name Next Trillion Dollar Opportunity Strategy Portfolio maintained with Motilal Oswal Financial Services Ltd., New Delhi, the value of fund as on 04.08.2023 is Rs. 94,70,915.33/-,
ii) funds/shares lying in DP ID-12010900, client ID 01399998 maintained with Motilal Oswal Financial Services Ltd., the value of the funds lying in this account is Rs.14,80,761/- as on 04.08.2023.
iii) funds/shares lying in DP ID-12010900, client ID 01467001 maintained with Motilal Oswal Financial Services Ltd., New Delhi, the value of the funds lying in this account is Rs.17,97,150/- as on 04.08.2023 and
iv) funds and securities lying with Standard Chartered Bank, Mumbai with DP ID-IN300360 and Client ID 21679024, the total value is Rs.2,64,35,200/-.
10. PW-1 affirmed that the total value of securities is Rs. 3,91,84,026.33/- (Three Crores Ninty One Lakhs Eighty Four Thousand Twenty Six and Thirty Three Paise only).
11. During the course of proceedings, petitioner filed an application under Order 18 Rule 17 CPC read with section 151 CPC recalling of the petitioner for further examination. The said application was allowed vide order dated 05.10.2023 and further Succession Court Case No. 57/2023 Namita Nayak Chopra v. State & Ors. Page 6 of 13 examination of petitioner i.e. PW-1 was recorded to the extent of testifying correct details of the DP and client ID.
12. Thereafter, PW-1 further deposed that due to non- deliberate omission on her part, there are certain incorrect details which do not match with the facts apparent on the face of court record. PW-1 averred that she seeks to rectify the same and seeks extension of succession certificate with respect to the following securities/funds of the deceased i.e.
1. Funds/shares lying in DP ID-12010900 client ID 01399998 maintained with Motilal Oswal Financial Services Ltd. against strategy code no. NTD25539, strategy name Next Trillion Dollar Opportunity and the value of funds lying therein is Rs. 94,70,915.33 as on 04.08.2023.
2. Funds/shares lying in DP ID-12010900 client ID 01467001 maintained with Motilal Oswal Financial Services Ltd. and the value of funds lying therein is Rs. 14,80,761/- as on 04.08.2023.
3. Funds/shares lying in DP ID-12010900 client ID 0320501 maintained with Motilal Oswal Financial Services Ltd. and the value of funds lying therein is Rs. 17,97,150/- as on 04.08.2023.
Succession Court Case No. 57/2023 Namita Nayak Chopra v. State & Ors. Page 7 of 134. Funds/securities lying with Standard Chartered Bank, Mumbai with DP ID IN300360 client ID 21679024 and the total value of funds is Rs. 2,64,35,200/-.
13. PW-1 added that the total value of funds/securities is Rs. 3,91,84,026.33 (Rupees three crore ninety one lacs eighty four thousand twenty six and thirty three paise only).
14. Thereafter, petitioner's evidence was closed and final arguments were heard.
15. 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.
16. 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, Succession Court Case No. 57/2023 Namita Nayak Chopra v. State & Ors. Page 8 of 13 which seem to it to be too intricate and difficult for determination, should grant the certificate 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 time-barred, 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 Succession Court Case No. 57/2023 Namita Nayak Chopra v. State & Ors. Page 9 of 13 adjustment of the claims of the heirs inter se".
17. From the oral and documentary evidence on record, prima facie findings are as under:-
a) The deceased prior to his death, resided at A-18, Pushpanjali Farms, Bijwasan, New Delhi-110061as reflected from the death certificate, which is Ex.
PW-1/3. The matter thus, falls within the jurisdiction of this court.
b) Deceased, Virinder Kumar Chopra had expired on 05.07.2021 leaving behind three surviving legal heirs that is, petitioner (wife of the deceased) and respondents no. 2 & 3 (daughters of the deceased).
18. Debts and Securities: The deceased died intestate qua debts and securities which are mentioned in the petition as well as in the testimony of PW-1. The same are funds/shares which are lying in DP no. 12010900 with three client IDs maintained with Motilal Oswal Financial Ltd. and DP ID In 300360 with client ID 21679024 maintained with Standard Chartered Securities (India) Ltd. The said securities are in the name of the deceased. The details of the securities are as under:
Succession Court Case No. 57/2023 Namita Nayak Chopra v. State & Ors. Page 10 of 13S.No Nature of securities Name of Amount company/branch 1 Amount lying in DP Motilal Oswal Rs. 94,70,915.33/-
ID 12010900 client Financial Services as on 04.08.2023 ID 01399998 against Ltd. at Tolstoy strategy code no. House, 605-607, NTD25539, strategy 6th floor, Tolstoy name Next Trillion House, 15-17, Dollar Opportunity. Tolstoy Marg, New Delhi-
2. Funds/shares lying in 110001. Rs. 14,80,761/- as on DP ID 12010900 04.08.2023 client ID 01467001.
3. Funds/shares lying in Rs. 17,97,150/- as on DP ID 12010900 04.08.2023 client ID 0320501
4. Funds/securities Standard Rs. 2,64,35,200/-
lying in DP ID IN Chartered
300360 with client Securities (India)
ID 21679024 Ltd. having
branch at Malviya
Smriti Bhawan,
Plot no. 52-53,
DDU Marg, New
Delhi-110002
Total Rs. 3,91,84,026.33/-
Succession Court Case No. 57/2023 Namita Nayak Chopra v. State & Ors. Page 11 of 13
19. Therefore, the total value of the securities held by the deceased, as mentioned above, for which succession certificate has been applied for is Rs. 3,91,84,026.33/- (Rupees three crore ninety one lacs eighty four thousand twenty six and thirty three paise only).
20. 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 other impediment to grant of extension of succession certificate with respect to debts and securities as mentioned in the petition.
21. Conclusion: In view of the reasons spelled above, this court holds that petitioner is entitled to grant of extension of succession certificate under section 376 of the Act in respect of the aforementioned securities that is, shares/funds lying in DP ID no. 12010900 with three client IDs maintained with Motilal Oswal Financial Services Ltd and DP ID: IN300360 maintained with Standard Chartered Securities (India) Limited. The total valuation of the securities is Rs. 3,91,84,026.33/- (Rupees three crore ninety one lacs eighty four thousand twenty six and thirty three paise only). Petitioner is also entitled to interest/dividend/bonus, if any, accrued thereupon. (Details of the securities is mentioned in table of para no. 18) Succession Court Case No. 57/2023 Namita Nayak Chopra v. State & Ors. Page 12 of 13
22. Accordingly, extended 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 Indemnity-cum-surety bond of the like amount, within 30 days from today. Petition is accordingly, disposed of. Digitally signed by SIDDHANT SIHAG SIDDHANT Date:
Announced in the open SIHAG 2023.10.09 16:04:43 court today i.e. 09.10.2023 +0530 Siddhant Sihag ACJ-CCJ-ARC/South West Dwarka Courts: New Delhi Succession Court Case No. 57/2023 Namita Nayak Chopra v. State & Ors. Page 13 of 13