Delhi District Court
Naresh Kumar Goel vs The State And Ors on 13 February, 2024
IN THE COURT OF MS. SHRUTI CHAUDHARY
ACJ-cum-CCJ-cum-ARC, SHAHDARA
KARKARDOOMA COURTS, DELHI
DLSH030008032023
SC No. 54/2023
1. Sh. Naresh Kumar Goel,
S/o Late Sh. Darbari Lal Goel,
R/o B-5/26, Krishna Nagar,
East Delhi-110051.
.............Petitioner
Versus
1. State (Govt. of NCT Delhi)
Through SDM of Vivek Vihar,
De Office, Nand Nagari,
Near Gagan Cinema, Delhi-110093.
2. State Bank of India,
Chandni Chowk, Delhi-110006.
3. Nitin Goel,
S/o Sh. Naresh Kumar Goel,
R/o B-5/26, Raghunath Mandir,
Krishna Nagar, Delhi-110051.
4. Jatin Goel,
S/o Sh. Naresh Kumar Goel,
R/o B-5/26, Raghunath Mandir,
Krishna Nagar, Delhi-110051.
......Respondents
SC No. 54/2023 Naresh Kumar Goel Vs. The State & Ors. 1 of 5
PETITION FOR GRANT OF SUCCESSION CERTIFICATE UNDER
SECTION 372 OF THE INDIAN SUCCESSION ACT, 1925
1. Date of Institution of Petition : 21.04.2023
2. Date of Judgment : 13.02.2024
3. Decision : Petition Allowed
JUDGMENT
1. Vide this judgment, this Court shall dispose of the petition filed by petitioner for grant of succession certificate in favour of the petitioner in respect of PPF account number 10820358946, in the name of deceased Smt. Anjali Goel, maintained with SBI, Chandni Chowk Branch, Delhi-110006.
2. In the petition, it is inter alia pleaded that the petitioner is one of the legal heirs of the deceased Late Smt. Anjali Goel and the deceased was ordinarily residing at B-5/26, Krishna Nagar, East Delhi-110051, within the territorial jurisdiction of this Court and there is no legal impediment in the grant of succession certificate in favour of the petitioner.
3. Perusal of the record reveals that the notice of this petition was given to the general public by way of publication in the newspaper 'Virat Vaibhav' on 15.10.2023. In response to the notice, no person from the general public came forward to raise any objection to grant of succession certificate in favour of the petitioner.
4. During the summary proceedings conducted as per Section 373 of the Indian Succession Act, 1925, 05 persons were examined as witnesses i.e. PW1 Sh. Naresh Kumar Goel, RW1 Sh. Krishan Kumar, Kanungo, SDM Office, SC No. 54/2023 Naresh Kumar Goel Vs. The State & Ors. 2 of 5 Vivek Vihar, RW2 Mrs. Saroj Depute Manager, SBI, Chandni Chowk Branch, Delhi, RW3 Sh. Nitin Goel, RW4 Sh. Jatin Goel.
5. PW-1 Sh. Naresh Kumar Goel filed his evidence by way of affidavit in the form of Ex. PW1/A wherein he reiterated the contents of the petition and relied upon documents i.e. copy of his Aadhar Card Ex. Ex. PW1/1 (OSR), death certificate of deceased Late Smt. Anjali Goel Ex. PW1/2, Surviving member certificate Ex. PW1/3 & Copy of passbook of front page Mark A and last page Mark B.
6. RW-1, Sh. Krishan Kumar, Kanungo, SDM Office, Vivek Vihar, Delhi, appeared on behalf of Respondent no. 1 and filed a report regarding the legal heirs of deceased namely Late Smt. Anjali Goel, who expired on 05.03.2023. He also deposed that as per the report, deceased has left behind after death three legal heirs namely Sh. Naresh Kumar Goel (Husband), Sh. Nitin Goel (Son) & Jatin Goel (Son). Report of Executive Magistrate, Vivek Vihar, District Shahdara, Delhi was exhibited as Ex. RW1/1 (colly.) and his ID proof was exhibited as Ex. RW1/2 (OSR).
7. RW-2 Mrs. Saroj, Deputy Manager, SBI, Chandni Chowk Branch, Delhi, appeared on behalf of respondent no. 2 and filed records related to PPF account number 10820358946 of Late Smt. Anjali Goel and the report was exhibited as Ex. RW2/A. She also deposed that as per the record, the total final payment in the said account with interest is Rs. 50,85,350.82/- as on 13.12.2023. Copy of her ID proof was exhibited as Ex. RW2/B (OSR).
8. RW-3 Sh. Nitin Goel deposed that he is the son of deceased Late Smt. Anjali Goel and has no objection if the succession certificate is issued by this court in favour of petitioner qua debts and securities averred in the present SC No. 54/2023 Naresh Kumar Goel Vs. The State & Ors. 3 of 5 petition in respect of deceased Late Smt. Anjali Goel. His NOC in this regard was Ex. RW3/A and copy of his ID proof was Ex. RW3/B (OSR).
9. RW-4 Sh. Jatin Goel deposed that he is the son of deceased Late Smt. Anjali Goel and has no objection if the succession certificate is issued by this court in favour of petitioner qua debts and securities averred in the present petition in respect of deceased Late Smt. Anjali Goel. His NOC in this regard was Ex.RW4/A and copy of his ID proof was Ex. RW4/B (OSR).
10. During the course of final arguments, Ld. Counsel for the petitioner referred to the testimonies of PW-1, RW1, RW3 & RW4 and submitted that the material on record was sufficient to conclude that the petitioner and respondents no. 3 & 4 were the only surviving legal heirs of the deceased Late Smt. Anjali Goel and that respondents no. 3 & 4 have no objection if succession certificate is issued by this court in favour of petitioner.
11. He has further argued that the testimony of RW2 has proved that the PPF account number 10820358946 is in the name of Late Smt. Anjali Goel and having total final payment (including interest) of Rs. 50,85,350.82/- as on 13.12.2023 and there is no impediment in grant of succession certificate in favour of petitioner. Therefore, it is prayed that on the basis of the aforesaid submissions, petitioner is entitled to grant of succession certificate.
12. I have heard the submissions advanced by Ld. Counsel for the petitioner, perused the record and gone through the relevant provisions of law.
13. The testimonies of PW-1, RW3 & RW4 prove that the deceased Smt. Anjali Goel has already passed away and the petitioner & respondents no. 3 & 4 are the only known surviving legal heirs of the deceased. The respondents SC No. 54/2023 Naresh Kumar Goel Vs. The State & Ors. 4 of 5 no. 3 & 4 have no objection if succession certificate is issued by this court in favour of petitioner. No one else has come forward to oppose this succession petition despite publication in newspaper.
14. In light of the aforesaid facts and circumstances and on the basis of the material placed on record, this court is of the view that petitioner is entitled to succession certificate and there exists no impediment in grant of succession certificate to him. Thus, the present petition qua the grant of succession certificate in respect PPF account number 10820358946 having total final payment (including interest) of Rs. 50,85,350.82/- as on 13.12.2023, in the name of deceased Smt. Anjali Goel, is hereby allowed. Accordingly, succession certificate be issued in favour of the petitioner, upon filing of requisite court fees and indemnity bond by the petitioner, with one surety.
15. The succession certificate shall be considered only as an entitlement of the petitioner to receive the amount of aforesaid account. The succession certificate shall not be considered as a direction to State Bank of India, Chandni Chowk Branch, Delhi-110006 to release the amount of aforesaid PPF account to the petitioner and they shall be competent to seek compliance of formalities, if any, by the petitioner for securing release of the aforesaid accounts, as per rules. File be consigned to record room after due compliance.
Announced in the open Court (SHRUTI CHAUDHARY)
on 13.02.2024 ACJ-CCJ-ARC/Shahdara,
KKD/Delhi
SC No. 54/2023 Naresh Kumar Goel Vs. The State & Ors. 5 of 5