Delhi District Court
Paramjit Singh Sodhi vs The State on 24 April, 2025
IN THE COURT OF SH. BHARAT AGGARWAL,
ADMINISTRATIVE CIVIL JUDGE-CUM-ADDITIONAL RENT
CONTROLLER, CENTRAL DISTRICT, TIS HAZARI COURTS,
DELHI
PETITION NO. : SUCC. COURT 83/2024
CNR NO.: DLCT03-005494-2024
Paramjit Singh Sodhi Vs. The State and Ors.
IN THE MATTER OF :-
Paramjit Singh Sodhi
s/o Late Sh. Narinder Singh,
r/o H. No. 2087, Phase-7,
Sector-61, SAS Nagar,
Mohali, Punjab-160062.
...PETITIONER
VERSUS
1. The State
2. Smt. Gurdarshan Kaur
d/o Late Sh. Narinder Singh,
r/o Snorres Vei 38, 1437,
Lorenskog, Norway.
Through her attorney,
Ms. Gurinder Kaur,
d/o Sh. Paramjit Sigh Sodhi,
r/o H. No. 2087, Phase-7,
Sector-61, SAS Nagar,
Mohali, Punjab-160062.
3. Punjab & Sind Bank,
Branch - Bhai Veer Singh Sahit,
SC No.83/24 Paramjit Sigh Sodhi Vs. The State & Ors. Page No. 1 of 14
Digitally signed
by BHARAT
AGGARWAL
BHARAT
AGGARWAL Date:
2025.04.24
16:46:27
+0530
43A, Jain Mandir Marg, Sector-4,
Gole Market, New Delhi, Delhi-110001.
Through Branch Manager.
...RESPONDENTS
Date of institution : 29.07.2024
Date of judgment : 24.04.2025
JUDGMENT
1. The present succession petition has been filed by the petitioner under Section 372 of Indian Succession Act, 1925 (hereinafter referred to as the 'Act') in respect of debts and securities of the deceased Ms. Virinder Kaur d/o Late Sh. Narinder Singh (hereinafter referred as 'the deceased') who is stated to be sister of the petitioner and respondent no.2.
2. It is averred in the petition that the deceased died intestate on 16.10.2023 at Noida (U.P.). It is stated that the deceased was an ordinary resident of 16/56, Gali No.1, Joshi Road, Karol Bagh, New Delhi-110005, which falls within the jurisdiction of this Court. It is further stated that the deceased is survived by two legal heirs i.e. the petitioner and respondent no.2, being her brother and sister respectively.
3. It is averred that the the deceased has left behind debts and securities as mentioned in Schedule-A of the present petition. In SC No.83/24 Paramjit Sigh Sodhi Vs. The State & Ors. Page No. 2 of 14 Digitally signed by BHARAT AGGARWAL BHARAT AGGARWAL Date:
2025.04.24 16:46:32 +0530 the petition, petitioner has prayed for grant of succession certificate in respect of debts and securities of the deceased as mentioned in Schedule-A of the petition as the deceased is stated to have died intestate.
4. State has been impleaded as respondent no.1 in the present petition.
5. After filing of this petition, notice was given to the general public by way of publication in the newspaper "The Statesman" dated 19.12.2024 but none appeared from general public to oppose or contest the present petition.
6. During summary enquiry, four witnesses were examined.
7. Petitioner took the witness stand as PW-1 and tendered his evidence by way of affidavit i.e. Ex.PW-1/A. PW-1 also relied upon the following documents:-
i. Ex.PW-1/1 (OSR) being the copy of death certificate of the deceased Ms. Virinder Kaur;
ii. Ex.PW-1/2 (OSR) being the copy of Aadhaar Card of the deceased; iii. Ex.PW-1/3 (OSR) being the copy of Aadhaar Card of the petitioner; iv. Mark-A being the copy of passport of SC No.83/24 Paramjit Sigh Sodhi Vs. The State & Ors. Page No. 3 of 14 Digitally signed by BHARAT AGGARWAL BHARAT Date: AGGARWAL 2025.04.24 16:46:35 +0530 respondent no.2;
v. Ex.PW-1/4 (OSR) (Colly.) being the copy of Surviving Member Certificate and death certificates of her parents; vi. Ex.PW-1/5 being the Schedule-A of the present petition;
vii. Ex.PW-1/6 being the passbook of the saving bank accounts of the deceased; and viii. Ex.PW-1/9 is the certificate under Section 63 of Bhartiya Sakshya Adhiniyam, 2023;
PW-1 deposed that the deceased was his sister who was unmarried and she expired intestate on 16.10.2023 at Uttar Pradesh. PW-1 also deposed that besides him, deceased has left behind her sister who is respondent no.2 in the present petition. PW-1 further deposed that father of the deceased Sh. Narinder Singh Sodhi and mother of the deceased Smt. Gurdev Kaur predeceased the deceased on 12.04.2005 and 27.11.2010 respectively. PW-1 deposed that grandmother of the deceased had also predeceased the deceased somewhere around 1956. PW-1 also deposed that he and respondent no.2 are the only legal heirs of the deceased. PW-1 further deposed that deceased has left behind two savings bank account as mentioned in Schedule-A of the present petition. PW-1 deposed that the deceased was residing within the territorial jurisdiction of this Court and there is no impediment to grant succession certificate in his favour.
SC No.83/24 Paramjit Sigh Sodhi Vs. The State & Ors. Page No. 4 of 14 Digitally signed by BHARAT AGGARWAL BHARAT AGGARWAL Date:
2025.04.24 16:46:39 +0530
8. RW-1, Mr. Dayalu Bech, Chief Manager, Punjab National Bank, Sansad Marg, New Delhi, brought on record certified statement of one savings bank account no. 0153000100371926 lying in the name of deceased as Ex.RW-1/2. As per the same, closing balance in the said account is Rs.25,34,600.27/-.
9. RW-2, Ms. Priya, Manager (EC P11100), Punjab & Sind Bank, Gole Market Branch, New Delhi, brought on record certified statement of one savings bank account no. 07621000004382 lying in the name of deceased as Ex.RW-2/2. As per the same, closing balance in the said account is Rs.41,73,697.48/- as on 12.12.2024.
10. Respondent no. 2 was examined through her special power of attorney holder Ms. Gurinder Kaur as RW-3, who has been authorized through special power of attorney dated 22.05.2024. She deposed that respondent no.2 has no objection to grant of succession certificate in favour of the petitioner qua her share in the debts and securities of the deceased.
11. The Court has heard submissions advanced on behalf of the parties and has perused the record.
12. Before proceeding further, the law pertaining to grant of succession certificate may be discussed for better understanding of SC No.83/24 Paramjit Sigh Sodhi Vs. The State & Ors. Page No. 5 of 14 Digitally signed by BHARAT BHARAT AGGARWAL AGGARWAL Date:
2025.04.24 16:46:44 +0530 the concept. It is trite that merely by grant of succession certificate, the holder does not become the owner of the estate of the deceased. In this regard, the observations of the Hon'ble Supreme Court in C.K. Prahalada and Ors. Vs. State of Karnataka and Ors. [MANU/SC/7618/2008, (2008) 15 SCC 577] are relevant to be noted, which are as follows:
"A succession certificate is granted for a limited purpose. A Court granting a succession certificate does not decide the question of title. A nominee or holder of succession certificate has a duty to hand over the property to the person who has a legal title thereto. By obtaining a succession certificate alone, a person does not become the owner of the property."
13. It is also well settled that the holder of the certificate has a bounden duty to release the debt and securities of the deceased to the rightful claimant under the applicable law. Certain observations of the Hon'ble Delhi High Court in Atul Maithel vs. State Bank of India and Ors. [MANU/DE/3548/2017] are set out below:-
"14. As far as the only other contention is concerned, the Court granting the Succession Certificate only issues the certificate to declare to the public at large, of the grantee thereof being entitled, under orders of the Court, to collect the debts and securities of the deceased and to give due discharge therefor. However, if any person holding such debts and securities refuses to return the same to the SC No.83/24 Paramjit Sigh Sodhi Vs. The State & Ors. Page No. 6 of 14 Digitally signed by BHARAT AGGARWAL BHARAT Date: AGGARWAL 2025.04.24 16:46:48 +0530 grantee or disputes debts and securities, the grantee will have to initiate appropriate proceedings for recovery thereof and the proceedings for grant of Succession Certificate are by no stretch of imagination, proceedings for recovery or for mandatory injunction.
14. Furthermore, the order granting issuance of the succession certificate does not become executable as decree of the court. It only allows the grantee to receive the debts thereby discharging the debtor of the deceased relieving him from the multiple claims made for such a debt. The Hon'ble High Court of Delhi in this regard has further held in Sushila Devi Vs. State and Ors. [MANU/DE/3075/2017] that no execution proceedings lie against the debtor of the order passed under such proceedings and holder has to establish his claim independently in a civil suit. The findings of the court were as follows:-
"6. The counsel for the petitioner appears to be under a misconception of law that an order of issuance of Succession Certificate or a Succession Certificate is executable decree against the persons holding the debts and securities of the deceased.
7. A Succession Certificate only entitles the grantee thereof to claim and receive the debts and securities of the deceased, giving a full discharge to the persons who may be holding the said debts and securities, so as to relieve them from claim by multiple persons claiming to be the heirs of the deceased. Before granting such Succession Certificate, in a proceeding for SC No.83/24 Paramjit Sigh Sodhi Vs. The State & Ors. Page No. 7 of 14 Digitally signed by BHARAT AGGARWAL BHARAT AGGARWAL Date:
2025.04.24 16:46:52 +0530 grant of Succession Certificate which in any case is summary in nature, the persons holding debts and securities are not required to be impleaded and a perusal of the order dated 14th November, 2014 ordering issuance of Succession Certificate in favour of the petitioner also does not show Axis Bank, Khan Market, New Delhi and New India Insurance Co. Ltd. claimed to be holding the said debts and securities of the deceased to be parties thereto. Merely because an applicant for Succession Certificate has averred in the petition that the debts and securities mentioned in the application are due to the deceased, is no proof of the said debts and securities being due to the deceased and a proceeding for grant of Succession Certificate is not meant for adjudication of the said issues. If the persons who are claimed to be holding the debts and securities of the deceased dispute the claim, the entitlement in law of the grantee of the Succession Certificate is only to make a legal claim against them and not to execute the Succession Certificate or an order granting Succession Certificate.
9. I find the Supreme Court in Banarsi Dass Vs. Teeku Dutta MANU/SC/0333/2005 : (2005) 4 SCC 449 to have held (i) that the main object of a Succession Certificate is to facilitate collection of debts on succession and afford protection to parties paying debts to representatives of the deceased person; (ii) all that the Succession Certificate purports to do is to facilitate the collection of debts, to regulate the administration of succession and to protect persons who deal with the alleged representatives of the deceased persons; (iii) SC No.83/24 Paramjit Sigh Sodhi Vs. The State & Ors. Page No. 8 of 14 Digitally signed by BHARAT AGGARWAL BHARAT Date: AGGARWAL 2025.04.24 16:46:56 +0530 such a Certificate does not give any general power of administration on the estate of the deceased; (iv) the grant of a certificate does not establish title of the grantee as the heir of the deceased; (v) a Succession Certificate is intended to protect the debtors, which means that where a debtor of a deceased person either voluntarily pays his debt to a person holding a certificate or is compelled by a decree of the Court to pay it to the person, he is lawfully discharged; and, (vi) the grant of a certificate does not establish a title of the grantee as the heir of the deceased, but only furnishes him with authority to collect his debts and allows the debtors to make payments to him without incurring any risk."
15. In the case of Madhvi Amma Bhawani Amma and others Vs. Kunjikutty Pillai Meenakshi Pillai and others. [AIR 2000 Supreme Court 2301=2000 AIR SCW 2432] it was held as under :-
"The enquiry in proceedings for grant of succession certificate is to be summary, and the Court, without determining questions of law or fact, which seem to it to be too intricate and difficult for determination, should grant the certificate to the person who appears to have prima facie the best title thereto. In such cases the Court has not to determine definitely and finally as to who has the best right to the estate. All that it is required to do is to hold a summary enquiry into the right to the certificate, with a view, on the one hand, to facilitate the collection of debts due to deceased and prevent their being timebarred, owing (for instance) to dispute between the heirs inter se as to their preferential right to succession, and, on the SC No.83/24 Paramjit Sigh Sodhi Vs. The State & Ors. Page No. 9 of 14 Digitally signed by BHARAT BHARAT AGGARWAL AGGARWAL Date:
2025.04.24 16:46:59 +0530 other hand, to afford protection to the debtors by appointing a representative of the deceased and authorising him to give a valid discharge for the debts. The grant of a certificate to a person does not give him an absolute right to the debts nor does it bar a regular suit for adjustment of the claims of the heir inter se".
16. Thus, to sum up, it can be inferred that the succession certificate ensures that process of release of debt of the deceased is streamlined and the debtor is provided security against numerous claims. The aim of such certificate is that it acts as conclusive proof for discharge of money against the debtor. The court granting the certificate is not required to determine the question of title and the Court by its order granting the certificate merely authorises one to collect the debts or securities of the deceased who then acts as a trustee to distribute the amount to the legal heirs of the deceased. Even though the proceedings for issuance of succession certificate are summary in nature yet, in terms of Rule 3(d) of Part B- Chapter 6- Volume II of the Delhi High Court Rules, the court can take sufficient evidence to enable it to form an opinion as to who is best entitled to the certificate in respect of the estate of the deceased.
17. Facts of the case shall be analyzed through the prism of legal position enunciated above.
18. As per uncontroverted testimony of PW-1, the deceased died intestate. Section 15 (1) (a) of the Hindu Succession Act, 1956, SC No.83/24 Paramjit Sigh Sodhi Vs. The State & Ors. Page No. 10 of 14 Digitally signed by BHARAT AGGARWAL BHARAT Date: AGGARWAL 2025.04.24 16:47:03 +0530 inter-alia provides that when a hindu female dies intestate, her property shall devolve upon her husband and her children, including the children of her predeceased children and sub-clause (b) of Section 15 (1) provides that it shall devolve upon the heirs of her husband. PW-1 specifically deposed that deceased was unmarried at the time of her death. Hence, Section 15 (1) (a) and Section 15 (1)
(b) are not applicable to the facts of the present case.
19. As per Section 15 (1) (c) of the aforesaid Act, property of deceased shall devolve upon her mother and father. PW-1 specifically deposed that father of the deceased Sh. Narender Singh Sodhi and mother of the deceased Smt. Gurdev Kaur predeceased the deceased on 12.04.2005 and 27.11.2010 respectively.
20. Hence, it becomes apparent that the present case would fall under clause (d) of Section 15 (1) of the Hindu Succession Act, 1956 i.e. upon the heirs of the father of the deceased. Petitioner has specifically stated that he and respondent no. 2 are the only legal heirs of the deceased being her brother and sister respectively and they would also be the only legal heirs of the father of the deceased. There is no reason to disbelieve the same as the said fact has remained unrebutted throughout the proceedings and is also supported by the Surviving Member Certificate of the deceased as well as death certificates of the parents of the deceased i.e. Ex. PW-1/4 (OSR) (Colly.).
SC No.83/24 Paramjit Sigh Sodhi Vs. The State & Ors. Page No. 11 of 14
Digitally
signed by
BHARAT
BHARAT AGGARWAL
AGGARWAL Date:
2025.04.24
16:47:07
+0530
21. Now, as per Section 8 of the aforesaid Act when considered alongwith Schedule appended therewith, all the Class-I legal heirs of father of the deceased Sh. Narinder Singh Sodhi are equally entitled to share in the debts and securities of the deceased. It is the case of the petitioner that grandmother of the deceased had also predeceased the deceased somewhere around 1956 and mother of the deceased Smt. Gurdev Kaur had also expired on 28.11.2010 i.e. prior to the deceased. The net effect being that the children of Sh. Narinder Singh Sodhi (father of the petitioner) shall be entitled to the estate of the deceased. Petitioner and his sister (respondent no.2) are therefore the only legal heirs of father of the deceased who are entitled to succeed to the debts and securities of the deceased in terms of Section 15 (1) (d) of the aforesaid Act. However, respondent no.2 has given her no objection for grant of succession certificate qua her share in the debts and securities of the deceased in favour of petitioner. Hence, petitioner is entitled to succeed to the debts and securities of his deceased sister Ms. Virinder Kaur. As per the death certificate of the deceased Ex.PW-1/1 (OSR), she used to reside at 16/56, Gali No.1, Joshi Road, Karol Bagh, New Delhi-110005, which falls within the jurisdiction of this Court and hence, this Court has jurisdiction to award the certificate to the petitioner.
22. Succession certificate is sought qua following debts and securities of the deceased :-
SC No.83/24 Paramjit Sigh Sodhi Vs. The State & Ors. Page No. 12 of 14 Digitally signed by BHARAT AGGARWAL BHARAT Date: AGGARWAL 2025.04.24 16:47:11 +0530
(i) One savings bank account no.
0153000100371926 maintained with Punjab National Bank, Sansad Marg, New Delhi, having closing balance of Rs.25,34,600.27/-.
(ii) One savings bank account no.
07621000004382 maintained with Punjab & Sind Bank, Gole Market, Delhi, having closing balance of Rs.41,73,697.48/- as on 12.12.2024.
Total value of securities held by deceased is Rs.67,08,297.75/-.
23. In view of the evidence adduced on record which has remained unrebutted and uncontroverted, the Court is of the considered opinion that there is prima-facie no impediment for grant of Succession Certificate in favour of petitioner qua the debts and securities of the deceased in terms of Ex.RW-1/2 and Ex.RW-2/2, having total amount of Rs.67,08,297.75/-. Succession Certificate be granted accordingly in favour of petitioner.
24. Succession certificate be drawn on deposit of requisite court fee of Rs.1,67,707.44/- (rounded off to Rs.1,67,707/-) in terms of Article 12 of Schedule I of Court Fees Act, 1870, as applicable in Delhi and on furnishing an Indemnity Bond and Surety Bond with SC No.83/24 Paramjit Sigh Sodhi Vs. The State & Ors. Page No. 13 of 14 Digitally signed by BHARAT AGGARWAL BHARAT Date: AGGARWAL 2025.04.24 16:47:16 +0530 one surety by petitioner within 30 days from today.
Petition is accordingly disposed off.
File be consigned to record room after due compliance.
Digitally signed by BHARAT BHARAT AGGARWAL
AGGARWAL Date:
2025.04.24
16:47:20 +0530
ANNOUNCED IN OPEN COURT (Bharat Aggarwal)
Today i.e. 24.04.2025 ACJ-cum-ARC (Central)
Tis Hazari Courts/Delhi
Present judgment consists of 14 pages and each page bears my initials. Digitally signed by BHARAT BHARAT AGGARWAL AGGARWAL Date: 2025.04.24 16:47:24 +0530 (Bharat Aggarwal) ACJ-cum-ARC (Central) Tis Hazari Courts/Delhi 24.04.2025 SC No.83/24 Paramjit Sigh Sodhi Vs. The State & Ors. Page No. 14 of 14