Delhi District Court
Archana vs State on 14 February, 2020
IN THE COURT OF SH. ARVIND BANSAL,
ACJCCJARC, SOUTHEAST, SAKET COURTS, DELHI
SS No. 143/18
Archana
w/o Sh. Subhash
d/o Late Sh. Rajveer Singh
r/o H. No. 74A, Street No. 4,
Karawal Nagar Extension,
Delhi - 110094.
.... Petitioner
Versus
1. State
through SDM, Karawal Nagar
2. The Secretary (EPF Trust) MTNL
Door Sanchar Sadan, 4th Floor,
CGO Complex, Lodhi Road,
New Delhi - 110003.
3. The General Manager (P&A) Central,
Mahanagar Telephone Nigam Limited
Door Sanchar Sadan,
9, CGO Complex, Lodhi Road,
New Delhi - 110003.
4. The Manager (Building & Power Plan) J. B
Telephone Exchange, Jor Bagh,
MTNL, New Delhi - 110003.
5. The Senior Manager
(Administration II) H. Q.
Office of the Executive Director,
Delhi Telephones, Khursheed Lal Bhawan,
Janpath, New Delhi 110001.
6. The Branch Manager
Indian Overseas Bank
Janpath, New Delhi
7. The Branch Manager,
SS No. 143/18
Archana Vs. State Page no. 1 of 5
State Bank of India,
CBlock, INA, Vikas Sadan,
New Delhi - 110023.
8. Sohanviri (Grandmother of petitioner)
w/o Late Sukkan Singh
r/o Village Dalampur,
Post Rohta, Distt. Meerut,
Uttar Pradeesh.
....Respondents
PETITION FOR GRANT OF SUCCESSION CERTIFICATE UNDER
SECTION 372 OF THE INDIAN SUCCESSION ACT, 1925
1. Date of Institution of Petition : 22.09.2018
2. Date of Judgment : 14.02.2020
3. Decision : Petition Allowed
JUDGMENT
1. This Judgment shall dispose off a petition filed by petitioner Archana for grant of succession certificate in her favour qua the debt and securities in the name of her late father namely Rajveer Singh reflecting in Pay Arrears, Leave Encashment, Death Gratuity, CPF as maintained by MTNL, New Delhi and bank accounts in various banks.
2. In the petition, it is interalia pleaded that Late Rajveer Singh was father of petitioner, who expired on 12.01.2018 at village Dalampur, Distt. Meerut, UP. It is pleaded that he was working MTNL which has is office within jurisdiction of this Court and the movable assets of the deceased are also within the jurisdiction of this Court. It is pleaded that deceased left behind his one daughter and respondent no. 8 as the only legal heirs.
3. The record of the Court file reflects that the notice of this petition SS No. 143/18 Archana Vs. State Page no. 2 of 5 was given to the general public by way of citation publication in the newspaper 'The Statesman' vide order dated 03.04.2019. In response to the notice, no person from the general public came forward to offer any objection(s) qua grant of succession certificate to the petitioner.
4. During the summary proceedings conducted as per Section 373 of the Indian Succession Act, 1925, 04 witnesses were examined.
5. During her testimony, PW1 Archana tendered her affidavit which is Ex. PW1/1 and relied upon the documents which are Ex. PW1/2 (OSR) to Ex. PW1/17 (OSR) including death certificate of her father and mother (who pre deceased the father).
6. During his testimony, RW1 Gir Raj Singh, Patwari, office of SDM, Karawal Nagar proved the LR report of deceased as Ex. RW1/1 (colly).
7. During his testimony, RW3 Harbeer Singh Rawat, AO (P&A), MTNL proved the summoned record i.e statement of account in the name of deceased Rajveer Singh maintained by MTNL:
(I) Pay Arrears - Rs. 19,533/
(ii) Encashment of Leave - Rs. 4,38,562/
(iii) Death Gratuity - Rs. 5,43,199/
(iv) CPF - Rs. 20,45,972/
____________
Total Rs. 30,47,266/
The report is Ex. RW3/C.
7. During plaintiff evidence, respondent no. 8 Sohanviri through her counsel Sh. Kamal Kumar Anand (RW8) gave her no objection to the issuance of succession certificate in the favour of petitioner. Her no objection certificate is Ex. PW8/2.
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8. It is pertinent to mention here that respondent no. 7 has been deleted from the array of parties at the request of petitioner.
9. I have perused the record and the testimonies of PW1, RW1, RW3 and RW8.
Perusal of the list of legal heir of deceased [Ex. RW1/1(colly)] shows that there is no other legal heir of Late Rajveer Singh except the petitioner, and respondent no.8 Sohanviri (mother of deceased) who has given her no objection to the issuance of succession certificate. The petitioner has also deposed herself to be the only surviving legal heir of the deceased except her grandmother (respondent no.8).
In view of report Ex. RW1/1 (colly), deposition of petitioner and no objection of respondent no.8 Sohanviri, it is hereby ordered that a succession certificate be issued in favour of the petitioner namely Archana qua the debts and securities of her father Late Rajveer Singh reflecting as per document Ex. RW3/C produced by the concerned official of MTNL. Although one document produced by MTNL does not reflect the name of petitioner as daughter in MTNL records, however all the other documents produced by petitioner including her caste certificate, medical card of his father, her PAN card and the family settlement arrived at between the petitioner and her grandmother, refer petitioner as the daughter of deceased. Further, no other evidence has come on record that deceased was survived by any other family member / legal heir.
10. The succession certificate shall only be considered as an entitlement of the petitioner to receive the amount for which Late Rajveer Singh was entitled as referred above. The succession certificate shall not be considered as a direction to Head of MTNL / concerned official to release the aforesaid amount to the petitioner. The Head of MTNL / concerned official shall be competent to seek compliance of formalities, if any, to be fulfilled by the petitioner, for release of the SS No. 143/18 Archana Vs. State Page no. 4 of 5 aforesaid amount.
Upon filing of requisite Court fees of Rs. 76,182/ and indemnity bond with surety by petitioner, succession certificate be issued.
File be consigned to record room after due compliance as per law.
Announced in open Court (ARVIND BANSAL)
on 14.02.2020 ACJ/CCJ/ARC (SouthEast)
Saket Court/Delhi.
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