Delhi District Court
Smt. Phoola Kaul vs The State on 23 September, 2016
IN THE COURT OF SH. BHUPINDER SINGH, ADMINISTRATIVE CIVIL
JUDGECUMARC (NORTH WEST) ROHINI COURTS, DELHI
New Petition No. :SCC 53413/16
Petition No. : SCC 88/15
Date of Institution : 19.11.2015
Date of arguments : 23.09.2016
Date of order : 23.09.2016
In the matter of:
Smt. Phoola Kaul
W/o Late Sh. P.N. Kaul @ Pitamber Nath Kaul
R/o House no. 66, PocketE19,
Sector3, Rohini,
Delhi110085.
....Petitioner
Versus
1. The State
(Govt. of NCT of Delhi)
2. Sh. Vikas Kaul
S/o Late P.N. Kaul @ Pitamber Nath Kaul
Permanent R/o House no. 66, Pocket E19,
Sector3, Rohini, Delhi110085.
Presently R/o H17/207,
First Floor, Sector7,
Rohini, Delhi110085.
3. Sh. Vishal Kaul
S/o Late P.N. Kaul @ Pitamber Nath Kaul
Permanent R/o House no. 66, Pocket E19,
Sector3, Rohini,
Delhi110085.
SCC NO. 53413/16 Phoola Kaul Vs. State 5
Presently at: F203, Citilights Rustique,
ECC Road, Whitefield,
Banglore560066
4. The Branch Manager
State Bank of India
(Branch Shakur Basti)
Address: 1067, Rani Bagh Market,
New Delhi110034.
5. The Zonal Manager/Concerned Executive
Life Insurance Corporation of India
Plot no. 630, Jeevan Bharti Building,
Connaught Place, New Delhi110001
....Respondents
J U D G M E N T:
1. Vide this judgment, I shall dispose off the petition filed under section 372 of the Indian Succession Act, 1925 for obtaining succession certificate in respect of debts/securities etc of Late Sh. P.N Kaul @ Pitamber Nath Kaul S/o. Sh.
Kashinath Kaul (deceased).
2. The relevant facts for the disposal of the present petition are that husband of the petitioner expired on 05.08.2014. He was ordinarily residing at House no. 66, PocketE19, Sector3, Rohini, Delhi110083. It is stated that the deceased had left behind the petitioner/wife and respondent no. 2 and 3/sons as his legal heirs.
The present petition has been filed for the grant of succession certificate in respect of amount of following debts and securities lying in the name of the deceased.
SCC NO. 53413/16 Phoola Kaul Vs. State 5S.No. Details of Debts and Securities 1 Saving Bank Account bearing no. 10721208803, State Bank of India, Shakur Basti Branch, 1067, Rani Bagh, New Delhi110034.
2. LIC Policy bearing no. 113/68214, LIC of India, Plot no. 630, Jeevan Bharti Building, Connaught Place, New Delhi110001.
It is further pleaded that deceased had not executed any will and thus there is no impediment in grant of succession certificate in favour of the petitioner in respect of above said account.
3. General public was served through publication in daily newspaper 'Quami Patrika ' dated 11.06.2016 but none appeared from general public to oppose or contest the present petition.
Report regarding LRs of deceased from the office of SDM (Saraswati Vihar) has been received. As per report following are the surviving members of the deceased Sh. P.N. Kaul:
1. Smt. Phoola Kaul Wife
2. Sh. Vikas Kaul Son
3. Sh. Vishal Kaul Son
4. In support of her petition, petitioner examined RW1/Sh. Vikas Kaul, RW2/Sh. Vishal Kaul who deposed that they have no objection if succession certificate is granted in favour of the petitioner. They proved the copy of their no objection is Ex.RW1/A and Ex.RW2/A. They also filed copy of their identity cards as Ex. RW1/1 and Ex. RW2/1.
Thereafter, petitioner examined herself as PW1 and tendered her SCC NO. 53413/16 Phoola Kaul Vs. State 5 evidence by way of affidavit Ex. PW1/A. She also relied upon documents i.e. original death certificate of deceased as Ex. PW1/1, list of legal heirs of Late Sh. P.N. Kaul @ Pitamber Nath Kaul as Ex. PW1/2.
5. Heard.
6. Considering the above stated facts, this Court is of the opinion that there is no impediment in grant of Succession Certificate in favour of petitioner being the legal heir in respect of following debts and securities lying in the name of the deceased Late Sh. P.N Kaul.
S.No. Details of Debts and Securities Amount (Rs.) 1 Saving Bank Account bearing no. 1346976.78 10721208803, State Bank of India, Shakur Basti Branch, 1067, Rani Bagh, New Delhi110034.
2. LIC Policy bearing no. 113168214, LIC 85168 of India, Plot no. 630, Jeevan Bharti Building, Connaught Place, New Delhi 110001.
7. Accordingly, Succession Certificate is ordered to be issued in favour of the petitioner 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 for issuance of succession certificate.
File be consigned to Record Room.
Announced in the open court (BHUPINDER SINGH)
on 23.09.2016 ACJCUMARC NORTHWEST
ROHINI COURTS, DELHI
This judgment contains four pages & each page has been signed by me.
SCC NO. 53413/16 Phoola Kaul Vs. State 5 Suit No. 53413/1623.09.2016 Present: Petitioner in person with Ld. Counsel Sh. K.P. Rajora.
Sh. Neeraj Bansal Ld. Counsel for respondent no. 5/LIC. Final arguments heard.
Vide separate judgment of even date, petition filed u/s 372 of the Indian Succession Act, 1925 on behalf of the petitioner is allowed and disposed off.
File be consigned to Record Room.
(BHUPINDER SINGH) ACJcumARC (North West) Rohini Courts, Delhi/23.09.2016 SCC NO. 53413/16 Phoola Kaul Vs. State 5