Delhi District Court
Naresh Kumar Goel vs The State Of Nct Of Delhi on 30 July, 2025
IN THE COURT OF SH. AJAY SINGH PARIHAR
ACJ-CUM-CCJ-CUM-ARC, NORTH DISTRICT,
ROHINI DELHI
Succession Case No. 21/2024
CNR No. DLNT030003202024
In the matter of :-
Naresh Kumar Goel
s/o. Late Sh. Dhoop Singh Goel
r/o. H. No. BD-81, Pitampura
Delhi 34 .....Petitioner
Versus
1. The State
Govt. of NCT of Delhi
2. The Director
DSP Mutual Fund
Ground Floor, Dr. Gopal Dass Bhavan
Upper 28, Barakhamba Road,
New Delhi 110001
3. Mrs.Anand Devi
d/o.Late Sh. Dhoop Singh Goel
w/o. Mr. Ram Partap Gupta
r/o. H. NO. 220, Picket 8, Sector 22,
Rohini, Begumpur, Delh 86
4. Ms. Anita Devi
d/o.Late Sh. Dhoop Singh Goel
w/o. Shiv Narayan
r/o. H. NO. R-1/52
Near Braham Shakti Hospital
Budh Vihar Phase I
NW Delhi 86
5. Ms. Ashok Rani
d/o. Late Sh. Dhoop Singh Goel
r/o. H. No. 605, Gali NO. 10
Ward No. 23, Inderlik Gur Mandi
Succession Case No. 21/2024 Naresh Kumar Goel v. State & ORS. page1 of pages 5
Sonepat, Haryana 131001
6. Mr. Ramesh Kumar Goel
s/o. Late Sh. Dhoop Singh Goel
w/o. Sh. Ragubir Singh
r/o. H. No. BD81, BD Block, Pitampura,
NW, Delhi 34
7. Mr. Vishnu Bhagwan Goel
s/o. Late Sh. Dhoop Singh Goel
r/o. H. NO. BD-11, Pitampura,
NW, Delhi- 34
....Respondents
Date of Institution : 24.02.2024
Date reserve for order : 23.05.2025
Date of pronouncement : 30.07.2025
Petition for grant of Succession Certificate
u/s 372 of Indian Succession Act, 1925 in respect of debts and
securities of late Smt. Kapoori Devi.
JUDGMENT
1. The present petition has been filed u/s 372 of Indian Succession Act, 1925 for grant of succession certificate in respect of debts and securities of late Smt. Kapoori Devi(hereinafter referred to as "deceased"), who expired on 05.05.2014. Her husband Sh. Dhoop Singh Goel had predeceased her.
2. As per the petition, petitioner is the son of the deceased. It is also stated that the deceased expired intestate on 05.05.2014 and she was ordinarily residing at H.No. A7/70 Sector-16, Rohini, Delhi. It is further stated that there is no impediment to Succession Case No. 21/2024 Naresh Kumar Goel v. State & ORS. page2 of pages 5 the grant of succession certificate under the Succession Act in favour of the petitioner.
3. General public was informed by way of publication in a newspaper namely "Veer Arjun" dated 03.05.2024, despite publication, no one from general public has come forward to file objections for the issuance of succession certificate in favour of the petitioner.
4. Notice was issued to SDM, Saraswati Vihar, Delhi to file the verification report as to the LRs of the deceased. Statement of Sh. Satish Kumar, Bailiff, SDM Office, Pitampura, Delhi is recorded separately. He has filed the LRs report of deceased on behalf of the SDM office, which is exhibited as Ex.RW1/1. As per LR report, the deceased had left behind six legal heirs namely Ashok Rani (daughter), Vishnu Bhagwan Goel (Son), Ramesh Kumar Goel (Son), Anandi Devi (Daughter), Anita Devi (Daughter) and Naresh Kumar Goel (Son).
5. Summary proceedings were conducted as per Section 372 Indian Succession Act, 1925. In support of petition, petitioner no.1 tendered his evidence by way of affidavit as Ex.PW1/A. PW1 proved his identity vide Aadhar Card as Ex.PW1/1, copy of the death certificate of the deceased Late Kapoori Devi is Ex.PW1/2. The copy of the surviving member certificate as Ex. PW1/4 (OSR), Succession Case No. 21/2024 Naresh Kumar Goel v. State & ORS. page3 of pages 5
6. RW-7 Sh. Satish Kumar, Bailiff, from SDM Office, filed on record the report regarding the surviving legal heirs of the deceased vide Ex. RW1/1. RW6 Sh. Sunil Kumar, Office Associates, DSP Mutual Fund, Barakahama Road, Connaught Place, New Delhi, proved the record pertaining to folio no. 1650307/59 of deceased Kapoori Devi as Ex PW 7/1 C(olly), as per record, a balance of Rs. 10,72,370.95 p is there in the said account against said portfolio.
7. Thus, considering that the petitioner is the legal heir of the deceased being her son and other legal heirs i.e. RW1 Mrs. Anandi Devi, RW2 Mrs. Anita Devi, RW3 Mrs. Ashok Rani, RW4, Mr. Ramesh Kumar Goel, RW5 Mr. Vishnu Bhagwan Goel all are son being sons and daughters of the deceased have given their NOC in favour of petitioner, petitioner is held entitled to the succession certificate in respect of a sum amounting to Rs. 10,72,370.95/- lying against the Account folio no. 1650306/59 of DSP Mutual Fund in the name of deceased along with accrued interest, if any.
8. The succession certificate be issued in favour of the petitioner on furnishing of an Indemnity Bond of the same value with one surety of like amount each within one month from today. Petitioner to file court fees in terms of Article 12 Succession Case No. 21/2024 Naresh Kumar Goel v. State & ORS. page4 of pages 5 Schedule 1 of the Court Fees Act as applicable to Delhi for issuance of the succession certificate.
9. It is clarified that succession certificate shall be considered only as an entitlement of the petitioner to receive the amount due towards deceased, so as to discharge the debtor(s).
10. File be consigned to Record-Room after due compliance.
ANNOUNCED IN OPEN COURT on 30th day of July 2025 ( AJAY SINGH PARIHAR) ACJ-CUM-CCJ-CUM-ARC (NORTH) ROHINI COURT, DELHI Succession Case No. 21/2024 Naresh Kumar Goel v. State & ORS. page5 of pages 5