Delhi District Court
Smt. Nani Devi vs State on 22 December, 2021
IN THE COURT OF ADMINISTRATIVE CIVIL JUDGE:
NORTH-WEST DISTRICT: ROHINI DISTRICT COURTS: DELHI
Presided over by: Ms POOJA AGGARWAL, DJS
Succession Petition No. 118/2018
CNR No. DLNW030023262018
In the matter of :
Smt. Nani Devi
W/o Late Sh. Mahender Singh @ Mohinder Singh Dabas,
R/o 297, Main Qutubgarh Road,
Ladpur, Delhi-110081.
..........Petitioner
VERSUS
1. State
2. Smt. Kanta Devi,
W/o Shri Dharamveer Singh,
D/o Late Sh. Mahender Singh @ Mohinder Singh Dabas,
R/o B-5, Type-2, ESI Staff Quarters,
Sector-15, Rohini, Delhi-110089.
3. Smt. Sunita,
W/o Sh. Jasvir,
D/o Late Sh. Mahender Singh @ Mohinder Singh Dabas,
R/o 815, Dichaon Kalan, South West Delhi,
Delhi-110043.
4. Smt. Rajni,
W/o Late Sh. Sanjay,
5. Ms. Mansi Dabas,
D/o Late Sh. Sanjay,
6. Master Parth (Minor)
S/o Late Sh. Sanjay
Through his mother being Natural Guardian
Respondent no. 4 to 6 R/o 297,
Main Qutubgarh Road, VPO Ladpur, Delhi-110081. .........................Respondents Digitally signed SCC No. 118/2018 Page No. 1/8 by POOJA Smt. Nani Devi v/s State & Ors POOJA AGGARWAL AGGARWAL Date: 2021.12.22 14:51:31 +0530 Date of Institution : 27.10.2018 Date of Final Arguments : 22.12.2021 Date of Final order : 22.12.2021 Final Order : Petition Allowed.
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 in respect of debts/securities etc. left by Late Sh. Mahender Singh @ Mohinder Singh Dabas (hereinafter referred to as 'deceased') i.e. 620 equity shares of M/s Hero MotoCorp Ltd. Vide Folio No. HML0022866 alongwith all dividends, bonus shares and other benefits.
2. As per the petition, the deceased Sh. Mahender Singh @ Mohinder Singh Dabas expired on 13.01.1989 at which time he was ordinarily resident of H. No. 297, Main Qutubgarh Road, Ladpur, Delhi-110081. The petitioner Smt. Nani Devi (being the wife), respondent no. 2 Smt. Kanta Devi (being the daughter), respondent no. 3 Smt. Sunita (being the daughter), respondent no. 4 Smt. Rajni (being the daughter in law i.e. wife of deceased son of the deceased Sh. Mahender Singh @ Mohinder Singh Dabas) and respondent no. 5 and 6 ie Ms. Mansi Dabas and Master Parth (being the grandchildren i.e. daughter and son respectively of deceased son of Sh. Mahender Singh @ Mohinder Singh Dabas) are stated to be the only class-I legal heirs of the deceased as the mother of the deceased Smt. Dhanoo Devi has already expired on 15.01.1991. The deceased died intestate and there is no Digitally signed by POOJA SCC No. 118/2018 Page No. 2/8 POOJA AGGARWAL Smt. Nani Devi v/s State & Ors AGGARWAL Date: 2021.12.22 14:51:41 +0530 impediment to the grant of the succession certificate in favour 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 07.02.2019 to invite objections from the 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. A report regarding LRs of deceased has also been received from the office of SDM, Kanjhawala dated 30.11.2021 as per which the LRs of the deceased Sh. Mahender Singh are Kanta Devi (daughter), Sunita (daughter), Rajni (Daughter in law), Mansi Dabas (Grand daughter), Master Parth (Grand son) and Nani Devi (Wife).
5. During the summary proceedings conducted as per Section 373 of the Indian Succession Act,1925, the petitioner examined herself as PW1 tendering her evidence by way of affidavit Ex. PW1/X and additional evidence by way of affidavit i.e. Ex. PW1/Y testifying that her husband Sh. Mahender Singh @ Mohinder Singh Dabas expired on 13.01.1989 inte-state leaving behind herself and respondent no. 2 to 6 as legal heirs. She further testified that the deceased he left 620 equity shares of M/s Hero Moto Corp Ltd. (previously known as Hero Honda Motors Ltd.,), vide regd. Folio No. HML0022866, having been issued under two certificates nos. 507291 and 525092 bearing distinctive Nos. 44317901 to 44318150 and 165843906 to 165844275 in respect of which succession certificate is sought. She also relied upon the death certificate of the deceased i.e. Ex. PW1/1, electricity bill i.e. Ex.
Digitally signed SCC No. 118/2018 Page No. 3/8 by POOJA Smt. Nani Devi v/s State & Ors POOJA AGGARWAL AGGARWAL Date: 2021.12.22 14:51:47 +0530
PW1/2, Death certificate of Smt. Dhanno Devi, mother of the deceased i.e. Ex. PW1/3, Death certificate of Sh. Sanjay, son of the petitioner i.e. Ex. PW1/4, Copy of her PAN Card i.e. Ex. PW1/5, copy of her Adhaar Card i.e. Ex. PW1/6, Details of the shares i.e. Ex. PW1/7 and certificate dated 23.04.2019 showing the value of the shares i.e. Ex. PW1/8 (colly), share certificate issued by Hero Honda Motor Ltd i.e. Ex. PW1/9 (Colly two pages) with Folio No. 22866 and Distinctive No. 1150516-1150565 alongwith the allotment advice and the receipt issued by DDA in favour of the deceased i.e. Ex. PW1/10.
6. The daughters of the deceased ie respondent no.2 Smt. Kanta Devi and respondent no. 3 Smt. Sunita Devi were also examined and they tendered their No Objection Certificates i.e. Ex. RW1/A and Ex. RW2/A respectively testifying that they had no objection if succession certificate is given in favour of the petitioner with regard to subject shares i.e. 620 equity shares of their father of M/S Hero Motocorp Ltd. with all benefits including dividends and bonus shares. They also relied on copy of their respective Adhaar Cards i.e. Ex. RW1/1 and Ex. RW2/1.
7. Smt. Rajni, i.e. the respondent no. 4 tendered her No Objection Certificate i.e. Ex. RW3/A testifying that she is daughter in law of deceased namely Lt. Sh. Mahender Singh @ Mohinder Singh Dabas who expired on 13.01.1989. She further testified that her husband namely Lt. Sh. Sanjay had also expired on 02.03.2014 leaving behind herself, her daughter namely Ms. Mansi Dabas and minor son Master Parth and her mother in law i.e petitioner herein. She further testified as to making the statement on behalf of her minor son namely Master SCC No. 118/2018 Page No. 4/8 Digitally signed Smt. Nani Devi v/s State & Ors by POOJA POOJA AGGARWAL AGGARWAL Date: 2021.12.22 14:51:53 +0530 Parth being his natural guardian and went on to testify that she did not have any objection if the succession certificate with regard to subject shares i.e. 620 equity shares of M/S Hero Motocorp Ltd. with all benefits including dividends and bonus shares is issued in favor of her mother in law Smt. Nani Devi. She also relied on the copy of her Aadhaar Card i.e. Ex. RW3/1.
8. Ms. Mansi Dabas i.e. the respondent no. 5 also tendered her No Objection Certificate i.e. Ex. RW4/A testifying that she is grand daughter of the deceased namely Lt. Sh. Mahender Singh @ Mohinder Singh Dabas who expired on 13.01.1989. She further testified that she has no objection if the succession certificate with regard to subject shares i.e. 620 equity shares of M/S Hero Motocorp Ltd. with all benefits including dividends and bonus shares is issued in favor of her grand mother Smt. Nani Devi. She also relied on copy of her Aadhaar Card i.e. Ex. RW4/1.
9. Sh. Sanjiv Kumar Sharma i.e. AGM-Secretarial, Hero Moto Corp, Ltd.
was also examined as RW5 and he tendered his evidence by way of affidavit Ex. RW5/X testifying that as per record, there were 620 shares of Late Sh. Mohinder Singh Dabas lying with the company under folio no. HML0022866 which had been transferred to Investor Education and Protection Fund (IEPF).
10.During the course of proceedings, petitioner also filed an additional affidavit in respect of the value of share as on 08.11.2021 being Rs 2684.30 per share and she also filed a report issued by the CA dated Digitally signed by POOJA SCC No. 118/2018 Page No. 5/8 POOJA AGGARWAL Smt. Nani Devi v/s State & Ors AGGARWAL Date:
2021.12.22 14:52:02 +0530 09.11.2021 in respect of the same.
11.Final arguments were advanced by Ld. Counsel for petitioner Sh.
Deepak Chauhan which have been duly considered with evidence on record and written submissions as filed.
12.From the evidence on record i.e. the death certificate Ex. PW1/1, it stands proved that the deceased Mahender Singh S/o. Sh Sher Singh expired on 13.01.1989. The report as received from the office of the SDM duly proves that the deceased left behind the petitioner Smt. Nani Devi (wife), Smt. Kanta Devi (Daughter), Smt. Sunita (daughter), Smt. Rajni (Daughter in law), Ms. Mansi Dabas (grand daughter) and Master Parth (grand son) as his legal heirs. Respondent no. 2 to 5 have already given No Objection Certificates in favour of petitioner, while statement regarding no objection on behalf of the respondent no. 6 Master Parth, who is a minor has been given by respondent no. 4 i.e. the natural guardian of respondent no. 6/ Master Parth. However, no steps have been taken by the petitioner or even the respondents for appointment of respondent no.4 as the legal guardian of minor respondent no.6 for the purposes of the present proceedings. Hence the no-objection given on his behalf cannot be acted upon so as to bind the minor.
13.Thus, considering that the petitioner is the wife and one of the class-I legal heirs of the deceased in whose favour NOC has been tendered by the remaining Class-I legal heirs except on behalf of minor respondent no.6 and further considering that no impediment has been brought on record in grant of Succession Certificate in favour of the petitioner, the Digitally signed SCC No. 118/2018 Page No. 6/8 by POOJA Smt. Nani Devi v/s State & Ors POOJA AGGARWAL AGGARWAL Date:
2021.12.22 14:52:08 +0530 petitioner is entitled to grant of succession certificate in her favour to the extent of her 11/12th share respect of 620 equity shares of M/s Hero MotoCorp Ltd. @ Rs 2684.30/- per share Vide Folio No. HML0022866, having been issued under two certificates nos. 507291 and 525092 bearing distinctive Nos. 44317901 to 44318150 and 165843906 to 165844275 alongwith all dividends, bonus shares, other benefits and accrued interest, if any ie Rs 16,64,266/-.
14.Thus, the succession certificate be issued in favour of the petitioner/Smt. Nani Devi to the extent of her share ie 11/12th share on furnishing of an Indemnity Bond of the same value with one surety of like amount 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.
15.The share of the minor respondent no.6 be released to him as and when applied for by him as per law subject to furnishing of an Indemnity Bond of the same value with one surety of like amount as well as filing court fees in terms of Article 12 Schedule 1 of the Court Fees Act as applicable to Delhi for issuance of succession certificate.
16. It is pertinent to mention here that the succession certificate shall be considered only as an entitlement of the petitioner/respondent no.6 to receive the amount due towards Sh. Mahender Singh @ Mohinder Singh Dabas from concerned company so as to discharge the debtor/company.
Digitally signed by POOJA AGGARWAL POOJA Date: AGGARWAL 2021.12.22 SCC No. 118/2018 Page No. 7/8 14:52:14 Smt. Nani Devi v/s State & Ors +0530
17. File be consigned to the record room after completing necessary formalities. Digitally signed by POOJA POOJA AGGARWAL Announced in the open court AGGARWAL Date: 2021.12.22 14:52:21 +0530 today i.e. on 22.12.2021.
(Pooja Aggarwal) ACJ-cum-CCJ-cum-ARC/North-West District Rohini District Courts/ Delhi Certified that this judgment contains 08 pages and each page bears my signature. Digitally signed by POOJA POOJA AGGARWAL AGGARWAL Date: 2021.12.22 14:52:30 +0530 (Pooja Aggarwal) ACJ-cum-CCJ-cum-ARC/North-West District Rohini District Courts/ Delhi SCC No. 118/2018 Page No. 8/8 Smt. Nani Devi v/s State & Ors