Delhi District Court
Pooja & Ors. vs State (G.N.C.T Of Delhi) & Anrs. on 3 January, 2023
In The Court Of Ms. Paridhi Sharma, Administrative Civil Judge
cumCommercial Cases JudgecumAdditional Rent Controller,
South West District, Dwarka Courts, Delhi.
CNR No. : DLSW030010592022
Under Section : 372 of The Indian Succession Act, 1925
Pooja & Ors. versus State (G.N.C.T of Delhi) & Anrs.
a) Succession Court Case No. : 83/22
b) Name & address of the : 1. Pooja,
petitioners W/o Late Bhushan
Sindwani,
R/o House No. 281B,
Nawada Bazar, Najafgarh,
South West Delhi110043.
: 2. Santosh,
W/o Late Bhushan
Sindwani,
R/o House No. 281B,
Nawada Bazar, Najafgarh,
South West Delhi110043.
: 3. Malika,
W/o Late Bhushan
Sindwani,
R/o House No. 281B,
Nawada Bazar, Najafgarh,
South West Delhi110043.
Succession Court Case No. 83/22 Pooja & Ors. v. State G.N.C.T. of Delhi Page 1/9
: 4. Master Keshav,
W/o Late Bhushan
Sindwani,
R/o House No. 281B,
Nawada Bazar, Najafgarh,
South West Delhi110043.
: 5. Master Madhav,
W/o Late Bhushan
Sindwani,
R/o House No. 281B,
Nawada Bazar, Najafgarh,
South West Delhi110043.
c) Name & address of the : 1. State (G.N.C.T. of Delhi).
respondents
: 2. Life Insurance
Corporation of India,
Branch Office16 J,
at Shamji Complex,
Delhi Rohtak Road,
Bahadurgarh,
Haryana124507.
Date of Institution : 11.05.2022
Final arguments heard on : 03.01.2023
Judgment pronounced on : 03.01.2023
Succession Court Case No. 83/22 Pooja & Ors. v. State G.N.C.T. of Delhi Page 2/9
Petition under Section 372 of The Indian Succession Act, 1925
for grant of succession certificate in respect of the debts and
securities of deceased, Bhushan Sindwani.
JUDGEMENT
1. The present petition has been filed by the petitioners 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, Bhushan Sindwani.
2. Factual Matrix: The case of the petitioners is that petitioner no. 1 is the wife of the deceased, petitioner no. 2 is the mother of the deceased, petitioner no. 3 is the daughter of the deceased and petitioners no. 4 & 5 are the minor sons of the deceased who are represented by petitioner no. 1 i.e. their mother. It is averred that deceased, Bhushan Sindwani died on 12.07.2019. It is further averred that the deceased was a resident of House No. 281B, Nawada Bazar, Najafgarh, South West, Delhi110043 which falls within the jurisdiction of this court. Further, it is averred that the deceased was survived by five legal heirs that is, petitioner no. 1 (wife of the deceased), petitioner no. 2 (mother of the deceased), petitioner no. 3 (daughter of the deceased) and petitioners no. 4 & 5 (minor sons of the deceased). It is averred that LIC policy was in the name of deceased, Bhushan Sindwani. The petitioners have approached this court with the instant petition seeking grant of Succession Court Case No. 83/22 Pooja & Ors. v. State G.N.C.T. of Delhi Page 3/9 succession certificate as legal heirs of abovenamed deceased in respect of three LIC policies bearing No. 173400563, 172431260 and 172431259 which are in the name of the deceased.
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 26.07.2022, but none appeared on behalf of public at large, to raise any objection to grant of succession certificate in favour of petitioners.
4. Pursuant to the notice issued to respondents, official on behalf of respondent no. 2/LIC appeared before the court and filed Written Statement in respect of three LIC policies i.e. LIC policy no. 173400563, LIC policy no. 172431260 and LIC policy no. 172431259 maintained with Life Insurance Corporation of India, Branch office at Shamji Complex, Delhi Rohtak Road, Bahadurgarh, 124507 in the name of deceased, Bhushan Sindwani.
Petitioners no. 2 & 3 appeared before the court and submitted that they have no objection to the grant of succession certificate in favour of petitioner no. 1. Their joint statement was recorded to this effect.
Succession Court Case No. 83/22 Pooja & Ors. v. State G.N.C.T. of Delhi Page 4/95. Evidence adduced by the petitioner: Petitioner no. 1 i.e. Pooja got herself examined as PW1 and tendered her evidence by way of an affidavit which is Ex. PW1/X and relied on the following documents:
(i) Copy of Aadhar card of petitioner which is Ex. PW1/1 (OSR).
(ii) Original copy of death certificate of deceased, Bhushan Sindwani which is Ex. PW1/2.
(iii) Original copy of death certificate of deceased, Neeraj Arora (who is first wife of Late Bhushan Sindwani) which is Ex. PW 1/3.
(iv) Copy of policy bonds of LIC bearing LIC policy No. 173400563, Branch at Shamji Complex, Delhi Rohtak Road, Bahadurgarh, 124507 having an amount of Rs. 100,000/ which is Mark A.
(v) Copy of policy bonds of LIC bearing LIC policy No. 172431260, Branch at Shamji Complex, Delhi Rohtak Road, Bahadurgarh, 124507 having an amount of Rs. 100,000/ which is Mark B.
(vi) Copy of policy bonds of LIC bearing LIC policy No. 172431259, Branch at Shamji Complex, Delhi Rohtak Road, Bahadurgarh, 124507 having an amount of Rs. 50,000/ which is Mark C. PW1 submitted that she seeks succession certificate in respect of LIC policies i.e. (i) LIC policy No. 173400563, Branch at Shamji Complex, Delhi Rohtak Road, Bahadurgarh, 124507 to the tune of Rs. 1,86,300/, (ii) LIC policy No. 172431260, Branch at Shamji Complex, Delhi Rohtak Road, Bahadurgarh, 124507 to the tune of Rs. 1,04,500/ (100,000/ + 4,500/) and (iii) LIC policy No. 172431259, Branch at Shamji Complex, Delhi Rohtak Road, Succession Court Case No. 83/22 Pooja & Ors. v. State G.N.C.T. of Delhi Page 5/9 Bahadurgarh, 124507 to the tune of Rs. 98,100/. The total amount payable is Rs. 3,88,900/.
6. Thereafter, petitioners' evidence was closed and final arguments were heard.
7. Arguments, Appreciation of Evidence and Reasons:
I have heard learned counsel for the petitioners, 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 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 Succession Court Case No. 83/22 Pooja & Ors. v. State G.N.C.T. of Delhi Page 6/9 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 House No. 281B, Nawada Bazar, Najafgarh, South West Delhi110043. The matter thus, falls within the jurisdiction of this court.
b) Deceased, Bhushan Sindwani had expired on 12.07.2019 leaving behind five legal heirs that is, petitioner no. 1 (wife of the deceased), petitioner no. 2 (mother of the deceased), petitioner no. 3 (daughter of Succession Court Case No. 83/22 Pooja & Ors. v. State G.N.C.T. of Delhi Page 7/9 the deceased) and petitioners no. 4 & 5 (minor sons 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 three Life Insurance Policies, Branch office at Shamji Complex, Delhi Rohtak Road, Bahadurgarh, 124507 which are mentioned in the given table:
S. No. LIC Policy No. Amount Payable
1. 173400563 1,86,300/
2. 172431260 1,00,000/ + 4,500/ (Loyalty Addition)
3. 172431259 98,100/
Total Rs. 3,88,900/
Therefore, the total value of securities held by the deceased for which succession certificate has been applied for are three LIC Policies having total amount of Rs. 3,88,900/ (Three Lakh Eighty Eight Thousand Nine Hundred Rupees Only) (Details given in the abovementioned table).
11. The aforesaid claim of the petitioners 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 Succession Court Case No. 83/22 Pooja & Ors. v. State G.N.C.T. of Delhi Page 8/9 370 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 no. 1 and petitioners no. 4 & 5, who are represented by petitioner no. 1 are entitled to grant of succession certificate under section 373 of the Act in respect of aforementioned securities i.e. three LIC Policies having total amount of Rs. 3,88,900/ (Three Lakh Eighty Eight Thousand Nine Hundred Rupees Only) as per written statement filed by official on behalf of LIC (Details mentioned in the table in para no. 10) along with interest/ dividend, if any, accrued thereupon.
13. Accordingly, succession certificate be issued to petitioner no. 1 and petitioners no. 4 & 5, who are represented by petitioner no. 1 are entitled on filing of corresponding court fees in terms of Article 12 Schedule I of Court Fees Act, 1870 as applicable in Delhi and Indemnitycumsurety bond of the like amount, within 30 days from today. The same be handed over to petitioner no. 1 who is the natural guardian of petitioners no. 4 & 5. Petition is accordingly, disposed of.
Announced in the open court today i.e. 03.01.2023 Paridhi Sharma ACJCCJARC/South West Dwarka Courts: New Delhi Succession Court Case No. 83/22 Pooja & Ors. v. State G.N.C.T. of Delhi Page 9/9