Delhi District Court
Sh. Manish Rana vs The State & Ors on 3 November, 2014
IN THE COURT OF SH. GAGANDEEP SINGH, ADMINISTRATIVE
CIVIL JUDGECUMARC (NORTH WEST) ROHINI COURTS,
DELHI
Petition No. : SCC 72/14
Date of Institution : 20.05.2014
Date of arguments : 03.11.2014
Date of order : 03.11.2014
In the matter of:
Sh. Manish Rana
S/o. Late Sh. Rajbir Singh Rana
R/o. House No. 333,
Village Mukhmailpur,
Delhi110 086
....Petitioner
Versus
The State & Ors.
....Respondent
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. Rajbir Singh Rana s/o. Sh. Shiwal Singh (deceased).
SCC No. 72/14 Manish Rana vs. State 1
2. The relevant facts for the disposal of the present petition are that father of petitioner expired on 14.03.2014. He was ordinarily residing at House No. 333, Village Mukhmailpur, Delhi110 086. It is stated that the deceased had left behind the petitioner/son and Sh. Vishal Rana/son as his legal heirs.
The present petition has been filed for the grant of succession certificate in respect of the amount of Rs. 3,21,588/ in LIC Policy No. 121485172 with LIC, Unit NO. 123 at G1, Model Town, Delhi110 009 and amount of Rs. 1,30,000/ in LIC Policy No. 330662259 with LIC, Unit NO. 129 at 20A, First Flor, Shivaji Marg, Near Moti Nagar Police Station, New Delhi lying in the name of the deceased.
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 has been served through publication in daily newspaper 'Vir Arjun' dated 08.07.2014. In response to the publication no objections were filed by the general public.
4. In support of his petition, petitioner examined himself as PW1 and tendered his evidence by way of affidavit Ex. PW1/3 and also relied upon SCC No. 72/14 Manish Rana vs. State 2 document i.e. death certificate of his father Sh. Rajbir Singh Rana as Ex. PW1/1, his own voter Icard as PW1/2, copy of the office notice from the LIC Ex.PW1/5 & surviving certificate issued by DC Office, Alipur, Delhi as Ex.PW1/6. It is also stated by the witness that his deceased father used to stay at house no. 333, Village Mukhamailpur, Delhi36 and there is only one other legal heir apart from him i.e. his brother namely Vishal Rana whose no objection certificate in respect of two LIC policies of his deceased father has already filed on record as Ex. RW1/1.
Thereafter, petitioner examined RW1/Vishal Rana who tendered his NOC along with affidavit Ex. RW1/1 who also filed the copy of his Adhar Card bearing no. 722788693998 as Ex. RW1/2.
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 the following assets lying in the name of the deceased :
i) Rs. 3,21,000/ in LIC Policy No. 121485172 with LIC, Unit NO. 123 at G1, Model Town, Delhi110 009 and SCC No. 72/14 Manish Rana vs. State 3
ii) Rs. 1,30,000/ in LIC Policy No. 330662259 with LIC, Unit NO. 129 at 20A, First Flor, Shivaji Marg, Near Moti Nagar Police Station, New Delhi
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. The petitioner to file court fees for issuance of succession certificate to the extent of their shares.
File be consigned to Record Room.
Announced in the open court (Gagandeep Singh)
on 03.11.2014 ACJCUMARC NORTHWEST
ROHINI COURTS, DELHI
This judgment contains four pages & each page has been signed by me. SCC No. 72/14 Manish Rana vs. State 4 Suit No. 72/14 Manish Rana vs. State 03.11.2014 Present: Petitioner in person 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.
(GAGANDEEP SINGH) ACJcumARC (North West) Rohini Courts, Delhi/03.11.2014 SCC No. 72/14 Manish Rana vs. State 5