Delhi District Court
Gurcharan Singh vs The State And Ors on 29 August, 2024
IN THE COURT OF SH. GAURAV SHARMA
ACJ-cum-CCJ-cum-ARC, SHAHDARA
KARKARDOOMA COURTS, DELHI
CNR No. DLSH030014242022
Succession Court 102/2022
Gurcharan Singh
S/o Late Sh. Ranjeet Singh
R/o: H.No. 28/81, Kasturba Nagar
Near Ramleela Stage,
Delhi, Delhi-110032 ..........Petitioner
Versus
1. The State (Govt. of N.C.T.) of Delhi
Through
Delhi Urban Shelter Improvement Board
C-7, Rana Partap Bagh, Delhi-110007
2. Punjab National Bank
Through its Branch Manager
Branch Office:
Vivek Vihar Phase II,
Shahdara, Delhi-110032.
3. Simran Kuar
House No 5 C, JBC Apartment,
Sector 68, Kumbra, SAS Nagar
Mohali Chandigarh,
Punjab-140308
SC No. 102/2022 Gurcharan Singh Vs. The State And Ors pg. no. 1/6
4. Malkeet Singh
S/o Late Sh. Ranjeet Singh
R/o: H.No. 28/81, Kasturba Nagar
Near Ramleela Stage,
Delhi, Delhi-110032
5. Sub Divisional Magistrate
Vivek Vihar, Shahdara District
Nand Nagari, D.C Office,
Opposite Gagan Cinema, Delhi 110095.
......Respondents
PETITION FOR GRANT OF SUCCESSION CERTIFICATE
UNDER SECTION 372 OF THE INDIAN SUCCESSION ACT,
1925
Date of Institution : 26.07.2022
Judgment reserved on : 01.08.2024
Judgment pronounced on : 29.08.2024
JUDGMENT
29.08.2024
1. Petition Allowed.
2. Vide the present petition, succession certificate is sought by the petitioner in respect of debts and securities in the name of deceased Sh. Ranjeet Singh, father of the petitioner.
3. In the petition, it is inter alia pleaded that the petitioner is one of the legal heirs of the deceased Sh. Ranjeet Singh and the deceased was ordinarily residing at H.No. 28/81, SC No. 102/2022 Gurcharan Singh Vs. The State And Ors pg. no. 2/6 Kasturba Nagar, Near Ram Leela Stage, Shahdara, Delhi- 110032, within the territorial jurisdiction of this Court and there is no legal impediment in the grant of succession certificate in favour of the petitioner.
4. Perusal of the record reveals that the notice of this petition was given to the general public by way of publication in the newspaper 'Veer Arjun' on 04.11.2022. In response to the notice, no person from the general public came forward to raise any objection for grant of succession certificate in favour of the petitioner.
5. During the summary proceedings conducted as per Section 373 of the Indian Succession Act, 1925, 05 persons were examined.
6. PW1 Sh. Gurcharan Singh filed his evidence by way of affidavit Ex. PW1/A wherein he reiterated the contents of the petition and relied upon the following documents being:-
i) Death certificate of deceased father Sh. Ranjeet Singh : Ex. PW-1/1
ii) Copy of death certificate of deceased mother : Mark B
iii) Surviving certificate issued by SDM : Mark C
iv) Copy of NOC dated 21.10.2021 : Mark D
v) Copy of office order dated 28.10.2021 : Mark E SC No. 102/2022 Gurcharan Singh Vs. The State And Ors pg. no. 3/6
7. RW1 Sh. Ravi Kumar, Head Clerk (earlier UDC), Delhi Urban Shelter Improvement Board (DUSIB), C-7, Rana Pratap Bagh, Delhi-110007 appeared on behalf of respondent no. 1. He brought authority letter issued by Executive Engineer, C-7, DUSIB dated 25.10.2023 Mark A (Colly). He also brought service book record of Late Sh. Ranjeet Singh, which mentions details of family members of deceased. According to the report, there are 05 dependent family members namely 1. Smt. Manjeet Kaur (Mother) (now deceased), 2. Smt. Paramjeet Kaur (Wife) (now deceased), 3. Smt. Simran Kaur (Daughter) 4. Sh. Gurcharan Singh (Son) and 5. Sh. Malkeet Singh (Son) as on 11.02.2004 Ex. RW1/A(OSR). As per service book record as mentioned in reply of respondent no. 1 of DUSIB dated 17.01.2023, there is balance pending for gratuity amount of Rs. 4,30,800/- (approx.) as on dated 24.11.2022 after deducting all dues Ex. RW1/C. Copy of his ID proof Ex. RW1/B (OSR).
8. It is seen that during the course of the proceedings on 18.03.2024, petitioner submitted that he was not pressing his claim qua respondent no. 2. Separate statement to this effect was also recorded on the same day. In view of the same, respondent no. 2 was deleted from the array of parties.
9. RW3 Ms. Simran Kaur & RW4 Sh. Malkit Singh deposed that they are son & daughter of deceased Sh. Ranjeet Singh respectively and they have no objection if succession SC No. 102/2022 Gurcharan Singh Vs. The State And Ors pg. no. 4/6 certificate is issued by this Court in favour of petitioner qua debts and securities in the name of the deceased Sh. Ranjeet Singh. Their affidavit / NOCs in this regard Ex. RW3/A, Ex. RW4/A and copies of their ID proofs Ex. RW3/B (OSR) & Ex. RW4/B (OSR) respectively.
10.RW5 Sh. Ratan Pal, Naib Tehsildar, SDM Vivek Vihar, Shahdara District, D M Office Complex, Nand Nagri, Delhi-110093 appeared on behalf of respondent no. 5. He filed a report regarding the legal heirs of deceased Sh. Ranjeet Singh, who expired on 04.03.2021. As per the report, deceased Sh. Ranjeet Singh has left behind after death 03 legal heirs namely Sh. Gurcharan Singh (son) / petitioner, Sh. Malkeet Singh (son) & Smt. Simran Kaur (daughter). Report of Ld. SDM, Vivek Vihar Ex. RW5/1 (Colly.) and copy of his ID proof Ex. RW5/2 (OSR).
11.During the course of final arguments, Ld. Counsel for the petitioner referred to the testimonies of the witnesses examined and submitted that the material on record was sufficient to conclude that the petitioner is one of the surviving legal heirs of the deceased and that there is no impediment in grant of succession certificate in favour of petitioner.
12.Heard. Record perused.
13.The testimonies of the witnesses examined prove that Sh. Ranjeet Singh passed away on 04.03.2021. On such date, as per Section 8 of Hindu Succession Act, 1956 ('Act'), SC No. 102/2022 Gurcharan Singh Vs. The State And Ors pg. no. 5/6 petitioner, respondents no. 3 & 4 (being daughter & son of the deceased respectively) are the Class I legal heirs as per the Schedule of the Act. Respondents no. 3 & 4 have already given their NOCs in favor of the petitioner. No one else has come forward to oppose this succession petition as well 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 the present petition is liable to be favourably considered. Thus, the present petition qua the grant of succession certificate in respect of Delhi Urban Shelter Improvement Board (DUSIB), having gratuity amount of Rs. 4,30,800/- (approx.) as on dated 24.11.2022, in the name of Sh. Ranjeet Singh is hereby allowed.
15.Accordingly, succession certificate be issued in favour of the petitioner. Succession certificate be drawn on deposit of court fees of Rs. 10,770/- in terms of Article 12 Schedule 1 of Court Fees Act, 1870 as applicable in Delhi & on furnishing an Indemnity Bond with one surety each within 30 days from today.
16.File be consigned to Record Room after necessary Digitally compliance. signed by GAURAV GAURAV SHARMA SHARMA Date:
Announced in the open Court 2024.08.29 15:00:35 on 29.08.2024 +0530 (Gaurav Sharma) ACJ/CCJ/ARC/Shahdara KKD Courts/Delhi 29.08.2024 SC No. 102/2022 Gurcharan Singh Vs. The State And Ors pg. no. 6/6