Delhi District Court
Sh. Bishan vs . State Of Nct Of Delhi & Ors on 1 June, 2012
SH. BISHAN vs. STATE of NCT of DELHI & ORS
IN THE COURT OF SH. RAVINDER SINGH, ADMINISTRATIVE
CIVIL JUDGE (EAST), KARKARDOOMA COURTS, DELHI
PETITION NO.: SC147/2011
Unique Case ID No.:02402C0348352011
IN THE MATTER OF:
Sh. Bishan
S/O Sh. Patla
R/o H.No.12/265, Block 12,
Kalyanpuri, Delhi110091 ........ Petitioner
VERSUS
1. State NCT of Delhi
2. Municipal Corporation of Delhi
(Horticulture Department)
Town Hall, New Delhi
(Through its Commissioner)
3. Smt. Jamuna
W/o Late Sh. Uttam
R/o H.No.12/265, Block 12,
Kalyanpuri, Delhi110091
4. Smt. Leela
W/o Sh. Ratan
R/o H.No.12/263, Block 12,
Kalyanpuri, Delhi110091 ...... Respondents
PETITION NO.:SC147/2011 Page1/6
SH. BISHAN vs. STATE of NCT of DELHI & ORS
DATE OF INSTITUTION: 18.11.2011
DATE OF RESERVING THE ORDER: 01.06.2012
DATE OF DECISION: 01.06.2012
PETITION U/S 372 of INDIAN SUCCESSION ACT
JUDGMENT
1. This is a succession petition filed by Sh. Bishan (hereinafter called petitioner), in respect of debt and securities left by his deceased brother Sh. Govind who expired on 29.11.2010 in Delhi. The petitioner is claiming succession certificate for terminal/service dues of his deceased brother amounting to Rs.5,38,764/.
2. Petitioner alleged in the petition that his deceased brother was unmarried and died issuless. Petitioner further alleged that his deceased brother survived by sisterinlaw (Bhabhi) namely Smt. Jamuna and sister namely Smt. Leela (hereinafter called respondent no.3 & 4) besides him. Petitioner further alleged that respondent no.3 & 4 have no objection if succession certificate regarding debt & securities of his deceased brother be issued in his favour. Petitioner further alleged that there is no classI legal heir of the deceased so, he being the classII legal heir of deceased, is entitled to obtain succession certificate. He further alleged that there is no PETITION NO.:SC147/2011 Page2/6 SH. BISHAN vs. STATE of NCT of DELHI & ORS impediment to grant succession certificate to him under Indian Succession Act.
3. Notice of petition was served upon Municipal Corporation of Delhi (hereinafter called respondent no.2) besides respondent no.3 & 4 whereas notice of petition was given to general public by way of publication in newspaper 'The Hindu' dated 14.04.2012.
4. Objection to the petition has not been received from any member of general public, however respondent no.2 filed reply to the petition. Respondent no.2 in his reply stated that as per official record of MCD, deceased Sh. Govind Singh S/o Sh. Partla was working as Mali with his department and he was lastly posted in Rohini Zone and as per office record there is no nominee in his official record, however terminal dues of the deceased Sh. Govind as under:
1. Leave Encashment Rs.30,161/
2. Gratuity Rs.3,44,968/
3. GPF Rs.1,02,635/
4. GIS Rs.1,000/
5. DLI Rs.60,000/ PETITION NO.:SC147/2011 Page3/6 SH. BISHAN vs. STATE of NCT of DELHI & ORS
5. Respondents no. 3 and 4, were examined themselves as RW1 & RW2 respectively. RW1& RW2 both deposed that they are also the legal heirs of the deceased besides the petitioner. They further depose that they have no objection if succession certificate be issued in favour of petitioner in respect of debt & securities of the deceased. RW1 and RW2 both filed their no objection EX.RW1/1 and RW2/1 respectively. RW1 and RW2 also produced their voter ID Card Ex.RW1/2 and Ex.RW2/2 respectively for the purpose of their identification.
6. Petitioner examined himself as PW1. He led his evidence by way of affidavit Ex.P1. PW1 produced and proved the death certificate of his deceased brother Sh. Govind as Ex.PW1/A; copy of his election ID card for the purpose of his identification as Ex.PW1/B and copy of newspaper 'The Hindu' is Ex.PW1/C. PW1 also deposed Smt. Jamuna (Bhabhi) & sister namely Smt. Leela are also the legal heirs of his deceased brother. He further deposed that his deceased brother was unmarried and died issueless. PW1 further deposed that his deceased brother having no classI legal heir. He further deposed that his brother was working with MCD Department as Mali (gardener) and an amount of Rs.5,38,764/ are lying with MCD Department towards his terminal/service benefits for which he is claiming succession PETITION NO.:SC147/2011 Page4/6 SH. BISHAN vs. STATE of NCT of DELHI & ORS certificate.
7. I have heard the arguments of the petitioner and also perused the case file.
8. Present petition has been filed by the brother of the deceased as deceased having no classI legal heir. PW1 proved that deceased was unmarried and died issueless. PW1 also proved that respondent no.3 & 4 are the other legal heirs of the deceased but they have no objections if succession certificate be granted in his favour.
9. Respondent no.3 & 4 the other legal heirs of deceased examined themselves as RW1 & RW2 respectively. They both have given their no objection for issuance of succession certificate in favour of petitioner as Ex.RW1/1 and RW2/1 respectively. PW1 as well as RW1 & RW2 all have deposed that there is no other legal heirs of deceased Sh. Govind except them. In view of this discussion, I am of the considered opinion that there is no impediment in issuing a succession certificate in favour of petitioner in respect of debt and securities left by the deceased Sh. Govind.
10. In view of aforesaid discussion, petition is allowed, PETITION NO.:SC147/2011 Page5/6 SH. BISHAN vs. STATE of NCT of DELHI & ORS accordingly, I direct that a succession certificate be issued in favour of petitioner Sh. Bishan in respect of terminal/service dues of the deceased amounting Rs.5,38,764/ as stated by the respondent no.2 in his reply, on filing of requisite court fee and on furnishing an indemnity bond with one surety within 15 days.
11. No further orders are required to be passed in the matter. File be consigned to record room after necessary compliance.
Announced In Open Court (RAVINDER SINGH)
01.06.2012 Administrative Civil Judge(East)
Karkardooma Courts,Delhi
PETITION NO.:SC147/2011 Page6/6