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[Cites 4, Cited by 0]

Delhi District Court

1 Sh. Baijnath Sharma vs The State & Ors. on 10 April, 2013

                                                            1                              Sh. Baijnath Sharma vs.The State & Ors.
                                                                                                                                                        SC no. 59/11


   IN THE COURT OF MS. SURYA MALIK GROVER: ACJ­cum­CCJ­
    cum­ARC (SOUTH­WEST): DWARKA COURTS: NEW DELHI.

Succession Case No.59/11

Sh. Baijnath Sharma
S/o Late Shri Raj Narayan Sharma
R/o RZF­10, Gali no. 23A,
New Delhi­110045.
                                                                                                       ...............Petitioner

                             vs.

1.The State. (Govt. of NCT Delhi)

2. The Registrar
Share Pro Services (India) Pvt. Ltd.
Unit Mahender & Mahendra Ltd.
13AB, Samhita Warehousing Complex,
2nd Floor, Sakinaka Telephone Exchange
Lane Off Andheri, Kurla Road,
Sakinaka, Andheri (East)
Mumbai­400072.

3. The Company Secretary
Tata Share Registry Ltd.
Unit Tata Steel Ltd.
Army & Navy Building,
148, M.G.Road Fort,
Mumbai­4000011.

4. The Company Secretary
Karvy Computer Share Pvt. Ltd.
Unit JSW Steel Ltd.
Karvy House, 46 Avenue, Street No.1,

                                                                                                                          
                                                             2                              Sh. Baijnath Sharma vs.The State & Ors.
                                                                                                                                                        SC no. 59/11


Road No.10, Banjara Hills,
Hyderabad­500034.

                                                                                                       ...............Respondents.


Petition   U/s   372   of   Indian   Succession   Act   for   grant   of 
Succession   Certificate   in   respect   of   debts   and   securities   of  
Late Sh. Raj Narayan  Sharma.

                                                          Date of Institution:                                                      02.09.2011
                                                          Date of Reserving Order:                                                  10.04.2013
                                                          Date of Judgment:                                                         10.04.2013

JUDGEMENT:

­

1. The present petition has been filed by the petitioner Sh. Baijnath for grant of Succession certificate U/s 372 of Indian Succession Act, 1925( herein after referred to as the Act), in respect of debts and securities of his deceased father Sh Raj Narayan Sharma (henceforth referred to as deceased)

2. The state, The Registrar (Share Pro Services India Pvt Ltd), The Company Secretary (Tata Share Registry Ltd.) And The Company Secretary (Karvy Computer Share Pvt. Ltd) have been impleaded as the respondents.

3 Sh. Baijnath Sharma vs.The State & Ors.

SC no. 59/11

3. It has been averred by the petitioner that the ordinary place of residence of deceased Sh. Raj Narayan Sharma was at Sadh Nagar­II, Palam Colony, New Delhi, which falls within the jurisdiction of this court. Further, it is stated that deceased Sh. Raj Narayan Sharma had died on 11.12.2000 and that the petitioner, being the only child of the deceased, is the only surviving class­I legal heir of the deceased as his mother and grand mother have already expired.

4. Notice of the petition was issued and ordered to be published in the newspaper "Statesman" on 02.11.2011 but none appeared on behalf of public at large, to raise any objection to grant of succession certificate in favour of petitioner.

5. In Petitioner Evidence, only one witness i.e petitioner Sh. Baijnath Sharma himself, has been examined as PW­1.

PW­1 Sh. Baijnath Sharma, has deposed on oath that his father Late Sh Raj Narayan Sharma had expired on 11.12.2000 and his death certificate has been proved as 4 Sh. Baijnath Sharma vs.The State & Ors.

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ExPW1/B. Further, it is stated that his mother Smt. Bhagwani Devi Sharma had expired on 02.12.2007 and her death certificate has been proved as ExPW1/C. Further, it is stated that both the aforesaid died intestate and that he is the only class­I legal heir of his deceased father Late Sh Raj Narayan Sharma and mother Late Smt. Bhagwani Devi Sharma. Further he has filed self attested photocopy of his voter I card, in respect of his residential proof. It is further stated that succession certificate in respect of debts and securities as mentioned in Annexure A of deceased Sh Raj Narayan Sharma may be issued in his favour, as per rules and law.

He has filed self attested photocopy of 06 shares of The Tata Iron and Steel Company Ltd. bearing certificate no. V3401857, distinctive no. 0382551596­0382551601, Reg. Folio no. S1 RO25220 in the name of his father Late Sh Raj Narayan Sharma as ExPW1/D. Further he has filed self attested photocopy of 01 share of The Tata Iron and Steel Company Ltd. bearing certificate No. R04444305, Distinctive No. 0319345983, Reg. Folio No. S1S0158717 in the name of his father Late Sh Raj Narayan Sharma as ExPW1/E. Further he has filed self attested photocopy of 01 share of The Tata Iron and Steel Company Ltd. bearing certificate No. R03443452, Distinctive No. 0251598189, Reg. Folio No. S1K0077940 in the 5 Sh. Baijnath Sharma vs.The State & Ors.

SC no. 59/11

name of his father Late Sh Raj Narayan Sharma as ExPW1/F. Further he has filed self attested photocopy of 10 shares of The Tata Iron and Steel Company Ltd. bearing certificate No.C06636137, Distinctive No. 0331843272 to 0331843281, Reg. Folio No. S1D0060866 in the name of his father Late Sh Raj Narayan Sharma as ExPW1/G. Further he has filed self attested photocopy of 08 shares of Jindal Vijayanagar Steel Ltd. bearing certificate No. 297645 Distinctive No. 2001319233­2001319240, Reg. Folio No. JSW0297556 in the name of his father Late Sh Raj Narayan Sharma as ExPW1/H. Further he has filed self attested photocopy of 18 shares of The Tata Iron and Steel Company Ltd. are still in the name of his father Late Sh Raj Narayan Sharma, Annexure A as ExPW1/I. Further he has filed self attested photocopy of 100 shares of Mahindra and Mahindra Ltd. bearing certificate No. 01220531, Distinctive No(s). 118608344­118608443, Reg. Folio No. S032131 in the name of his father Sh Raj Narayan Sharma as ExPW1/J. Further he has filed self attested photocopy of 10 shares of Mahindra and Mahindra Ltd. bearing certificate No. 00554983 Distinctive No(s). 0050247883­0050247892, Reg. Folio No. S­32131 in the name of his father Sh Raj Narayan Sharma as ExPW1/K. Further he has filed self attested photocopy of 10 shares of Mahindra and Mahindra Ltd.

6 Sh. Baijnath Sharma vs.The State & Ors.

SC no. 59/11

bearing certificate No. 00554984 Distinctive No(s). 0050247893­0050247902, Reg. Folio No. S­32131 in the name of his father Sh Raj Narayan Sharma as ExPW1/L. Further he has filed self attested photocopy of 10 shares of Mahindra and Mahindra Ltd. bearing certificate No. 00554986 Distinctive No(s). 0050247913­0050247922, Reg. Folio No. S­32131 in the name of his father Sh Raj Narayan Sharma as ExPW1/M. Further he has filed self attested photocopy of 10 shares of Mahindra and Mahindra Ltd. bearing certificate No. 00507288 Distinctive No(s). 0037855632­0037855641, Reg. Folio No. S­32131 in the name of his father Sh Raj Narayan Sharma as ExPW1/N. Further he has filed self attested photocopy of 10 shares of Mahindra and Mahindra Ltd. bearing certificate No. 00547387 Distinctive No(s). 0050110135­0050110144, Reg. Folio No. S­32131 in the name of his father Sh Raj Narayan Sharma as ExPW1/O. Further he has filed self attested photocopy of 10 shares of Mahindra and Mahindra Ltd. bearing certificate No. 00718953 Distinctive No(s). 061548119­061548122, Reg. Folio No. S­32131 in the name of his father Sh Raj Narayan Sharma as ExPW1/P.Further he has filed self attested photocopy of 10 shares of Mahindra and Mahindra Ltd. bearing certificate No. 00782992 Distinctive No(s). 070793277­070793302, Reg. Folio 7 Sh. Baijnath Sharma vs.The State & Ors.

SC no. 59/11

No. S­32131 in the name of his father Sh Raj Narayan Sharma as ExPW1/Q.Further he has filed self attested photocopy of 10 shares of Mahindra and Mahindra Ltd. bearing certificate No. 598399 Distinctive No(s). 53904894­53904913, Reg. Folio No. S­32131 in the name of his father Sh Raj Narayan Sharma as ExPW1/R. Further he has filed self attested photocopy of letter dt. 30.10.2010 from Sharepro Services (India) Pvt. Ltd. Regarding 400 shares of Mahindra and Mahindra Ltd. bearing certificate No. 2027509 Distinctive No(s). 7807357­7807756, Reg. Folio No. S­32131 in the name of his father Sh Raj Narayan Sharma as ExPW1/S. He further state that 200 shares of Mahindra and Mahindra Ltd. split into 400 shares.

Thereafter Petitioner Evidence was closed.

6. I have heard the arguments advanced by Ld counsel and have perused the material on record.

7. In Madhvi Amma Bhawani Amma & Ors. Vs. 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 8 Sh. Baijnath Sharma vs.The State & Ors.
SC no. 59/11
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 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 Sh. Baijnath Sharma vs.The State & Ors.

SC no. 59/11

8. From the oral and documentary evidence on record, my prima facie findings are as under:­ 8.1. The deceased has died inestate on 11.12.2000 as is reflected from his death certificate ExPW1/B. 8.2 The deceased was having permanent residence at Sadh Nagar­II, Palam Colony, New Delhi as is reflected from his death certificate ExPW1/B and attested copy of his election I card and ration card placed on record, which falls within the jurisdiction of this court.

8.3 The deceased was having only one class­I legal heir i.e petitioner Baij Nath Sharma his son as deposed by the petitioner in his testimony on oath. Wife Smt. Bhagwani Devi Sharma of deceased has expired on 02.12.2007 as is reflected in death certificate ExPW1/2 and there are no other children of the deceased, as per the testimony of PW­1. Hence in view of the aforesaid, I conclude that petitioner is the only class­I legal heir of the petitioner.

8.4 Coming to the value of share certificates, the petitioner has filed photocopy of shares certificates, in the 10 Sh. Baijnath Sharma vs.The State & Ors.

SC no. 59/11

name of his father Late Sh Raj Narayan Sharma as under:­ ExPW1/D reflects 06 shares of The Tata Iron and Steel Company Ltd. bearing certificate no. V3401857, distinctive no. 0382551596­0382551601, Reg. Folio no. S1 RO25220 which amounts to Rs. 1,812/­ ExPW1/E reflects 01 share of The Tata Iron and Steel Company Ltd. bearing certificate No. R04444305, Distinctive No. 0319345983, Reg. Folio No. S1S0158717 which amounts to Rs.302/­ ExPW1/F reflects 01 share of The Tata Iron and Steel Company Ltd. bearing certificate No. R03443452, Distinctive No. 0251598189, Reg. Folio No. S1K0077940 which amounts to Rs.302/­ ExPW1/G reflects 10 shares of The Tata Iron and Steel Company Ltd. bearing certificate No.C06636137, Distinctive No. 0331843272 to 0331843281, Reg. Folio No. S1D0060866 which amounts to Rs.3,020/­.

ExPW1/H reflects 08 shares of Jindal Vijayanagar Steel Ltd. bearing certificate No. 297645 Distinctive No. 2001319233­2001319240, Reg. Folio No. JSW0297556 which amounts to Rs 5,280/­ ExPW1/J reflects 100 shares of Mahindra and 11 Sh. Baijnath Sharma vs.The State & Ors.

SC no. 59/11

Mahindra Ltd. bearing certificate No. 01220531, Distinctive No(s). 118608344­118608443, Reg. Folio No. S032131 which amount to Rs 500/­.

ExPW1/K reflects 10 shares of Mahindra and Mahindra Ltd. bearing certificate No. 00554983 Distinctive No(s). 0050247883­0050247892, Reg. Folio No. S­32131 which amount to Rs 50/­.

ExPW1/L reflects 10 shares of Mahindra and Mahindra Ltd. bearing certificate No. 00554984 Distinctive No(s). 0050247893­0050247902, Reg. Folio No. S­32131 which amount to Rs 50/­.

ExPW1/M reflects 10 shares of Mahindra and Mahindra Ltd. bearing certificate No. 00554986 Distinctive No(s). 0050247913­0050247922, Reg. Folio No. S­32131 which amount to Rs 50/­.

ExPW1/N reflects 10 shares of Mahindra and Mahindra Ltd. bearing certificate No. 00507288 Distinctive No(s). 0037855632­0037855641, Reg. Folio No. S­32131 which amount to Rs 50/­.

ExPW1/O reflects 10 shares of Mahindra and Mahindra Ltd. bearing certificate No. 00547387 Distinctive No(s). 0050110135­0050110144, Reg. Folio No. S­32131 which amount to Rs 50/­.

12 Sh. Baijnath Sharma vs.The State & Ors.

SC no. 59/11

ExPW1/P reflects 10 shares of Mahindra and Mahindra Ltd. bearing certificate No. 00718953 Distinctive No(s). 061548119­061548122, Reg. Folio No. S­32131 which amount to Rs 50/­.

ExPW1/Q reflects 10 shares of Mahindra and Mahindra Ltd. bearing certificate No. 00782992 Distinctive No(s). 070793277­070793302, Reg. Folio No. S­32131 which amount to Rs 50/­.

ExPW1/R reflects 10 shares of Mahindra and Mahindra Ltd. bearing certificate No. 598399 Distinctive No(s). 53904894­53904913, Reg. Folio No. S­32131 which amount to Rs 50/­.

Therefore, the total value of securities held by the deceased turn out to be of Rs 12,716/­.

8.5 The claim of petitioner has gone unrebutted and uncontested. There is also no other impediment U/s 370 of the Act to grant of succession certificate, with respect to debts and securities mentioned above.

9. In view of above discussion, I hold that petitioner Sh. Baijnath Sharma is entitled for grant of succession 13 Sh. Baijnath Sharma vs.The State & Ors.

SC no. 59/11

certificate U/s 373 of the Act qua debts and securities.

10. Accordingly succession certificate be issued to the petitioner Sh. Baijnath Sharma, on filing of court fees of Rs 317.90/­ in terms of Article 12 Schedule 1 of Court Fees Act, 1870 as applicable in Delhi and Indemnity­cum­surety bond of the like amount, within 15 days from today. Petition is accordingly, disposed of.

File be consigned to record room.

Announced in the open court (Surya Malik Grover) today i.e on 10.04.13. ACJ/CCJ/ARC/DC/ND 14 Sh. Baijnath Sharma vs.The State & Ors.

SC no. 59/11

SC­59/11 Sh Baijnath Sharma vs. The State & Ors.



10.04.13

Present:                     Petitioner in person.

At request and in view of statement of petitioner recorded today separately P.E stands closed.

Final arguments heard.

By virtue of Judgment, announced in the open court, Succession petition has been granted to the petitioner.

Petitioner is directed to file required court fees of Rs 317.90/­ and Indemnity­cum­surety bond, within 15 days from today.

File be consigned to record room.

(S.M.Grover) ACJ/CCJ/ARC/DW/ND