Delhi District Court
Meenu Jha vs State Of Nct Of Delhi on 4 November, 2023
IN THE COURT OF MS. DIVYA MALHOTRA, ADMINISTRATIVE
CIVIL JUDGE/ADDITIONAL RENT CONTROLLER: NORTH-
WEST DISTRICT: ROHINI COURTS: DELHI.
Succ. Court 166/2022
CNR No. DLNW030017312022
Date of Filing : 26.07.2022
Date of Judgment : 04.11.2023
Final Order : Petition allowed.
In the matter of:
1. Meenu Jha
W/o Late Anand Kumar Jha,
R/o Y-2/2D, Phase-1, Budh Vihar,
Sultanpuri C Block, North West,
Delhi - 110093.
2. Aastha Jha (minor)
Through her Natural Guardian and Mother Meenu Jha
D/o Late Anand Kumar Jha,
R/o Y-2/2D, Phase-1, Budh Vihar,
North West, Delhi - 110086.
Also at :
Flat No.251, Sainath Apartment,
GH-3, Near TPDDL, Sector-28,
Rohini, Pehlad Pur Bangar,
North-West, Delhi - 110042.
3. Saurabh Kumar Kha
S/o Late Anand Kumar Jha,
R/o Y-2/2D, Phase-1, Budh Vihar,
North West, Delhi - 110086. ...............Petitioners
VERSUS
1. State of NCT of Delhi
Through SDM Kanjhawala,
(Office of SDM & DC Kanjhawala, Digitally signed
by DIVYA
DIVYA
DC Office, Kanjhawala, Delhi - 110081. MALHOTRA
MALHOTRA Date: 2023.11.04
15:45:39 +0530
SCC No. 166/22 Meenu Jha V/s State Page No. 1/6
2. Life Insurance Corporation of India (LIC)
Through The Branch Manager,
Branch Unit 12-E,
Local Shopping Center,
Ring Road, Naraina,
New Delhi - 110028. ..........Respondents
JUDGMENT ON PETITION UNDER SECTION 372 OF THE INDIAN SUCCESSION ACT
1. The present petition has been filed by the petitioner under Section 372 of Indian Succession Act, 1925, seeking issuance of succession certificate with respect to earnings of Late Anand Kumar Jha (hereinafter referred to as "deceased") who was working as an LIC agent vide LIC Agent's Licence No. 061 216874 (hereinafter referred to as "assets") with LIC of India.
2. Petitioner no.1 is the wife, petitioner no.2 is the minor daughter and petitioner no.3 is the son of deceased Anand Kumar Jha, who expired on 01.05.2021. At the time of his death, he was ordinarily residing at Y-2/2D, Phase-1, Budh Vihar, North-West, Delhi - 110086 and also at Flat No.251, Sainath Apartment, GH-3, near TPDDL, Sector-28, Rohini, Pehlad Pur Bangar, North-West, Delhi - 110042. It is stated that there is no impediment to the grant of succession certificate under the Succession Act in favor of the petitioner.
3. After filing of present petition, notice was issued and general public was served through publication in daily newspaper 'Veer Arjun', Hindi edition dated 23.09.2022, to invite objections from the Digitally signed by DIVYA MALHOTRA DIVYA MALHOTRA Date:
2023.11.04 15:45:52 SCC No. 166/22 Meenu Jha V/s State +0530 Page No. 2/6 public at large to the grant of succession certificate to the petitioner but none appeared from general public to oppose or contest the present petition.
4. As per Surviving Member Certificate issued under the signature of Tehsildar, Rohini, it is brought on record that the deceased Anand Kumar Jha left behind Aastha Jha (daughter), Meenu Jha (wife) and Saurabh Kumar Jha (son) as his only surviving legal heirs.
5. During the summary proceedings conducted as per Section 372 of the Indian Succession Act, 1925, three witnesses were examined.
6. PW-1/ Petitioner Meenu Jha tendered her evidence by way of affidavit Ex. PW1/A testifying that she is the wife of the deceased and that no Will was executed by her husband in respect of his assets. She deposed on behalf of her minor daughter Aastha Jha / petitioner no.2 as well, being her natural guardian. She further testified that there are only three legal heirs of the deceased i.e. himself and petitioners no.2 and 3. She relied upon the following documents:-
S. No. Documents Exhibit
1 Internet generated copy of Death certificate of Ex. PW1/1
deceased
2 Internet generated copy of Death certificate of Ex. PW1/2
mother of deceased
3 Copy of identity card issued by LIC Ex.PW1/3 (OSR)
Digitally signed
by DIVYA
SCC No. 166/22 Meenu Jha V/s State DIVYA MALHOTRA
Page No. 3/6
MALHOTRA Date:
2023.11.04
15:46:02 +0530
4 Status report of the deceased's agency Mark A
5 Copy of Bank Statement of Union Bank in the Ex.PW1/5 (OSR)
name of deceased
6 Copy of Surviving Member Certificate Ex.PW1/6 (OSR)
7 Copy of PAN Card of deponent Ex.PW1/7
8 Copy of Aadhar Card of deponent Ex.PW1/8 (OSR)
9 Copy of Aadhar Card of deceased Ex.PW1/9 (OSR)
10 Copy of Electricity Connection Bill Ex.PW1/10
7. PW-2 Saurabh Kumar Jha tendered his affidavit/ NOC Ex.
Ex. PW2/A testifying that he has no objection if the succession certificate in respect of his share is issued in favor of the petitioner. He also relied upon the copy of Aadhar Card Ex. PW2/1 (OSR).
8. RW-1 Rakesh Tirkey, Administrative Officer, LIC of India, 12E, First Floor, Local Shopping Center, Ring Road, Delhi produced the record i.e. statement of account Ex.RW1/1 in the name of Late Anand Kumar Jha, testifying that a balance of Rs. 70,000/- (approximately) is payable towards earning of deceased, being his commission amount. He further testified that as per record, there is no nominee in respect of the said amount.
9. Thereafter, PE was closed vide order dated 11.08.2023 and the matter was listed for final arguments.
Heard. Perused.
10. From the material on record, it stands proved that the deceased Anand Kumar Jha expired on 01.05.2021 and at that time Digitally signed by DIVYA SCC No. 166/22 Meenu Jha V/s State DIVYA MALHOTRA Page No. 4/6 Date: MALHOTRA 2023.11.04 15:46:14 +0530 he was ordinarily residing at Y-2/2D, Phase-1, Budh Vihar, North- West, Delhi - 110086 also at Flat No.251, Sainath Apartment, GH-3, near TPDDL, Sector-28, Rohini, Pehlad Pur Bangar, North-West, Delhi - 110042 which confers territorial jurisdiction upon this Court.
11. As per Surviving Member Certificate, issued from the office of concerned Tehsildar, Saraswati Vihar it is brought on record that the deceased left behind Aastha Jha (daughter), Meenu Jha (wife) and Saurabh Kumar Jha (son) as his surviving legal heirs. From the testimony of concerned official from concerned Department and Ex.RW1/1, the total amount payable towards the deceased towards his earnings has been brought on record. The succession certificate has been sought in favor of the petitioner and the remaining LR of deceased has already issued NOC in her favor. She is otherwise also one of the Class-I Legal heir of the deceased being his wife and no impediment has been brought on record in respect of grant of succession certificate in his favor.
12. Considering the above, petitioner is held entitled to the Succession Certificate in respect of earnings of Rs. 70,000/- of the deceased Anand Kumar Jha as LIC Agent with LIC of India, alongwith accrued interest, if any.
13. The succession certificate be issued in favor of the petitioner on furnishing of an Indemnity Bond of the same value with one surety of like amount each within one month from today. Petitioner to file court fees in terms of Article 12 Schedule 1 of the Court Fees Act as applicable to Delhi for issuance of succession certificate.
Digitally signed by DIVYA MALHOTRA DIVYA Date: SCC No. 166/22 Meenu Jha V/s State MALHOTRA 2023.11.04 Page No. 5/6 15:46:21 +0530
14. It is clarified, that succession certificate shall be considered only as an entitlement of the petitioner to receive the amount due towards the deceased Anand Kumar Jha from concerned Department /Bank(s) /company so as to discharge the debtor(s).
15. File be consigned to Record Room after due compliance.
Digitally signed by DIVYA DIVYA MALHOTRA
Announced in an Open Court MALHOTRA Date: 2023.11.04
15:46:28 +0530
on 04th November, 2023
(Divya Malhotra)
ACJ/ARC/North-West District
Rohini District Courts/Delhi.
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