Delhi District Court
Sudha Wahi And Anr vs The State Nct Of Delhi on 23 August, 2023
IN THE COURT OF SH. MAYANK GOEL,
ACJ/CCJ/ARC(WEST) TIS HAZARI COURTS, DELHI
SUCC. COURT NO. 223/2021
CNR NO. DLWT-03-003413-2021
IN THE MATTER OF:
1. SMT. SUDHA WAHI
WIFE OF LATE ASHOK KUMAR WAHI
R/O 39/54, PUNJABI BAGH WEST,
NEW DELHI-110026
2. SARVAGYA WAHI
SON OF LATE ASHOK KUMAR WAHI
OVERSEAS CITIZEN OF INDIAN AND PERMANENT
RESIDENT OF AUTSTRALIA
R/O 15 OPSUM WAY, WILLIAMS LANDING,
VICTORIA-3027 (AUSTRALIA)
THROUGH POWER OF ATTORNEY
SHRI PRADEEP SHARMA
SON OF SHRI RATAN SHARMA
R/O B-32, SECOND FLOOR,
SHUBHAM ENCLAVE, PASCHIM VIHAR,
NEW DELHI-110063 ...PETITIONERS
VERSUS
1. THE STATE(NCT OF DELHI)
THROUGH SECRETARY
DELHI SECRETARIAT
I.P. ESTATE, NEW DELHI-2 ...Respondents
_____________________________________________________________
Succ. Court No.223/2021
Sudha Wahi and Anr. v. The State(NCT of Delhi) Page No. 1 of 12
DATE OF INSTITUTION : 15.12.2021
DATE OF RESERVING THE ORDER : 23.08.2023
DATE OF DECISION : 23.08.2023
DECISION : PETITION
ALLOWED
PETITION UNDER SECTION 372 OF THE INDIAN
SUCCESSION ACT, 1925
JUDGMENT
1. The present petition has been filed under section 372 of the Indian Succession Act, 1925 by Sudha Wahi(hereinafter referred to as the Petitioner No. 1) and Sarvagya Wahi(hereinafter referred to as the Petitioner No. 2) for grant of succession certificate in respect of debts and securities of Ashok Kumar Wahi as per documents No. 5 to 10 as mentioned in (f) of the petition. Sh. Ashok Kumar Wahi expired on 15.11.2020 at Delhi.
2. Notice of the petition was given to the general public by publication in the newspaper 'Veer Arjun' dated 19.04.2022 to invite objections from public at large to the grant of succession certificate to the petitioner. However, no one appeared from general public to oppose or contest the petition. Notice of the petition was also issued to financial institutions/banks as per documents No. 5 to 10.
3. Ms. Pallavi Sinha, Assistant Manager, HSBC Asset Management Company (India) Pvt. Ltd. At Birla Tower, GF, _____________________________________________________________ Succ. Court No.223/2021 Sudha Wahi and Anr. v. The State(NCT of Delhi) Page No. 2 of 12 Barakhamba Road, New Delhi-01, deposed as RW2. She deposed that she has been authorized by Ms. Nandita Valikodath, Sr. Vice President, for producing the summoned record and the authorisation letter was exhibited as Ex.RW2/A. She further deposed that she has brought the account statement of Folio No. 199968/41 which was held by deceased namely Mr. Ashok Kumar Wahi and the same was exhibited as Ex.RW2/B. She further deposed that the deceased held 51,855.155 units in HSBC value fund -Regular Growth (formerly known as L&T India Value Fund-Growth) and the same reflected the value of Rs. 31,71,736.11/- as on 18.04.2023. She further deposed that there is no nominee of the deceased namely Mr. Ashok Kumar Wahi in Folio No. 199968/41 held in HSBC value fund -Regular Growth (formerly known as L&T India Value Fund-Growth). L&T Investment Management Ltd. was acquired by HSBC Asset Management Company (India) Pvt. Ltd. On 26.11.2022 and the copies of letters dated 11.10.2022 issued by SEBI approving the said acquisition is Ex.RW2/C and Ex.RW2/D. Photocopy of his Official ID Card issued by HSBC was exhibited as Ex.RW2/E (OSR).
4. Sh. Pushpak Jain, Executive, Kfin Technologies Ltd. RTA of Abbott India Ltd. And KAMA Holdings Ltd. Office at 305, New Delhi House, Barakhamba Road, New Delhi-01, deposed as RW3. He deposed that he has brought the summoned record i.e. statement 200 Shares of Abbott India bearing Folio No. W00140 having approximately amount of Rs. 39,02,100/- as on 18.11.2022 which is in the name of deceased namely Ashok Kumar Wahi and the same was exhibited as Ex.RW3/A. He _____________________________________________________________ Succ. Court No.223/2021 Sudha Wahi and Anr. v. The State(NCT of Delhi) Page No. 3 of 12 further deposed that he has also brought the statement of 60 shares of Kama Holdings Ltd. Bearing Folio No. SPP0005070 having approximately amount of Rs.7,97,940/- as on 22.11.2022 which is in the name of deceased namely Ashok Kumar Wahi and the same was exhibited as Ex.RW3/B. He further deposed that there is no nominee of the deceased namely Ashok Kumar Wahi in the said bank. Copy of his Official ID Card issued by Kfin Technologies Ltd. was exhibited as Ex.RW3/C (OSR).
5. Sh. Inder Pal Singh, Deputy Manager in Kotak Mahindra Bank, Punjabi Bagh Branch, Club Road, New Delhi - 110026 deposed as PW1. Copy of his Identity Card issued by the Kotak Mahindra Bank was exhibited as Ex. PW1/1. He deposed that he has been authorized by Sh. Sumit Kumar Gupta to give statement in the present matter. He further deposed that the statement of Holding as on 11.07.2022 of Client ID bearing NO. 11084564 in the name of Ashok Kumar Wahi was brought by him. The same was exhibited as Ex. PW1/2 and the same reflected the Total Value of Holding Price as on 08.07.2022 is Rs. 16,683,889. He further deposed that there is no nominee of the deceased namely Ashok Kumar Wahi in the said bank. He further deposed that Said bank does not have any objection if the said amounts are released in favour of the surviving successor.
6. Sudha Wahi deposed as PW2. She deposed that the deceased Late Sh. Ashok Kumar Wahi was her husband and he expired on 15.11.2020. She further deposed that the deceased has left behind besides her, Mr. Anubhav Wahi and Mr. Sarvagya Wahi who are the only legal heirs of deceased. She further _____________________________________________________________ Succ. Court No.223/2021 Sudha Wahi and Anr. v. The State(NCT of Delhi) Page No. 4 of 12 deposed that the deceased made no WILL during his life time and died intestate. She filed her evidence by way of affidavit which was exhibited as Ex.PW2/A. She also relied upon the following documents:-
1. Ex.PW2/1 : Death Certificate of deceased Late Shri Ashok Kumar Wahi.
2. Ex.PW2/2 : Surviving Member Certificate of Ashok Kumar Wahi,
3. Ex.PW2/3 :Special Power of Attorney of petitioner no. 2 in favour of Sh. Pradeep Sharma.
4. Ex.PW2/4 : NOC of Anubhav Wahi in my favour.
5. Ex.PW2/5 : Death Certificate of mother of deceased Mrs R D Wahi.
6. Ex.PW2/6 : Statement of holdings of Kotak Mahindra Bank.
7. Ex.PW2/7 : Statement of Holdings of HDFC Bank.
8. Ex.PW2/8 : Statement of Holdings in Tata Mutual Fund.
9. Ex.PW2/9 :Statement of holdings in L&T Financial Services Mutual Fund.
10. Ex.PW2/10 : Statement of PPF Account in SBI.
11. Ex.PW2/11 : Physical shares of 5 companies as per affidavit.
12. Ex.PW2/12 : Valuation report.
6.1. On 23.08.2023, Sudha Wahi further deposed as PW2. She deposed that she is petitioner No. 1 in the present petition. She prayed that Succession Certificate be issued for _____________________________________________________________ Succ. Court No.223/2021 Sudha Wahi and Anr. v. The State(NCT of Delhi) Page No. 5 of 12 2/3rd share in her favour and Succession Certificate for 1/3rd share be issued in favour of her son Sarvagya Wahi(petitioner No. 2 herein) qua amount lying in Accounts with Banks in question and Shares in various Companies in question in the name of my deceased husband Sh. Ashok Kumar Wahi.
7. Sh. Abhishek Pundir, Associate, SBI. K. G. Marg, Branch, New Delhi deposed as PW3. He deposed that he is duly authorized by Chief Manager, SBI to appear in the court and make statement on behalf of SBI vide authority letter Ex. PW 3/1. He deposed that he has brought the details in respect of PPF Bank account no. 10220634501 which is in the name of Sh.
Ashok Kumar Wahi having balance amount of Rs. 30,32,987.30/- as on 31.03.2022. Statement of account in respect of abovesaid PPF Bank account was exhibited as Ex. PW-3/2 (colly. containing 2 pages). Photocopy of Identity Card issued by SBI was exhibited as Ex. PW-3/3 (OSR).
8. Sh. Vijai Dube, Manager-Sales Support, Tata Asset Management Pvt Ltd., Kailash Building, 26, Kasturba Gandhi Marg, Cannaught Place, Branch, New Delhi, deposed as PW4. He deposed that he is duly authorized by Chief Operating Officer, Tata Asset Management Pvt. Ltd. to appear in the court and make statement on behalf of Tata Asset Management Pvt. Ltd. vide authority letter Ex. PW 4/1. He further deposed that he has brought the details in respect of Statement of Tata Mutual Fund bearing Folio no. 4503878/78 which is in the name of Sh. Ashok Kumar Wahi having balance amount of Rs. 7,95,440/- as on 15.11.2022. Statement of Tata Mutual Fund account was _____________________________________________________________ Succ. Court No.223/2021 Sudha Wahi and Anr. v. The State(NCT of Delhi) Page No. 6 of 12 exhibited as Ex. PW-4/2 (colly. containing 4 pages). Photocopy of Identity Card issued by Tata Asset Management Pvt Ltd was exhibited as Ex. PW-4/3 (OSR).
9. Sh. Parag Kapoor, Deputy Manager, HDFC Bank, Dev Nagar Branch, New Delhi deposed as PW5. He deposed that he is duly authorized by Branch Manager, HDFC Bank to appear in the court and make statement on behalf of HDFC Bank vide authority letter Ex. PW 5/1. He deposed that he has brought the details in respect of Holding of Demat account no. 05092828 which is in the name of Sh. Ashok Kumar Wahi having total valuation amount of Rs. 5,77,46,780.56/- of 11 holdings as per statement. Statement of Holdings Demat account was exhibited as Ex. PW-5/2 (colly. containing 2 pages). Photocopy of the Identity Card issued by HDFC Bank was exhibited as Ex. PW- 5/3 (OSR).
10. Sh. Pradeep Sharma, SPA of Sh. Sarvagya Wahi (Petitioner no. 2), deposed as PW6. He deposed that he is Special Power of Attorney holder of Sh. Sarvagya Wahi/petitioner no. 2 and he is giving statement on his behalf. He further deposed that Petitioner no. 2 is son of deceased Sh. Ashok Kumar Wahi who expired on 15.11.2020 and he has no objection if Succession Certificate in respect of debts and securities of the deceased as prayed by the petitioner no. 1 in the present petition is issued in favour of petitioner no. 1. Special Power of Attorney of petitioner no. 2 was already Ex.PW2/3 and No objection cum affidavit of petitioner no. 2 was already Ex.PW2/4. The copy of his Aadhar Card (OSR) was exhibited as _____________________________________________________________ Succ. Court No.223/2021 Sudha Wahi and Anr. v. The State(NCT of Delhi) Page No. 7 of 12 Ex.PW6/A (OSR).
11. A Letter dated 19/04/2022 was received from TSR Darashaw Consultants Private Limited. In the said letter, it is mentioned that TSR Darashaw Constultants Private Limited is the Registrar and Transfer Agent of Tata Steel Limited and as per records of the company, 456 shares of Rs.10/- each are held in the name of ASHOK KUMAR WAHI under folio no.S1A0029368.
12. A Letter dated 25th May, 2022 was received from Link Intime India Pvt. Ltd. In the said letter, it is mentioned that Link Intime India Pvt. Ltd. is the Registrar and Transfer Agent(RTA) of M/s Piramal Enterprises Limited. The said company has also filed detail of 415 shares in the name of Ashok Kumar Wahi under Folio No.AP00285 with Piramal Enterprises Limited.
13. A Letter dated 25th May, 2022 was received from Link Intime India Pvt. Ltd. In the said letter, it is mentioned that Link Intime India Pvt. Ltd. is the Registrar and Transfer Agent(RTA) of M/s Colgate-Palmolive (India) Limited. The said company has also filed detail of 2816 shares in the name of Ashok Kumar Wahi under Folio No.A02182 with Colgate- Palmolive (India) Limited.
14. From perusal of the testimony of PW1 to PW6, RW2, RW3 and documents filed on record, it is clear that the deceased Ashok Kumar Wahi was husband of petitioner & father _____________________________________________________________ Succ. Court No.223/2021 Sudha Wahi and Anr. v. The State(NCT of Delhi) Page No. 8 of 12 of petitioner No. 2 & Anubhav Wahi. At the time of his death, his place of residence was 39/54 Punjabi Bagh West Delhi India 110026. There is no impediment u/s 370 of Indian Succession Act, 1925 to the grant of succession certificate in respect of Holding as on 11.07.2022 of Client ID bearing No. 11084564 in the name of Ashok Kumar Wahi, as mentioned in Ex. PW1/2, in respect of PPF Bank account no. 10220634501 which is in the name of Sh. Ashok Kumar Wahi, as mentioned in Ex. PW-3/2 (colly. containing 2 pages), in respect of Tata Mutual Fund bearing Folio no. 4503878/78 which is in the name of Sh. Ashok Kumar Wahi, as mentioned in Ex. PW-4/2 (colly. containing 4 pages), in respect of Holding of Demat account no. 05092828 which is in the name of Sh. Ashok Kumar Wahi, as mentioned in Ex. PW-5/2 (colly. containing 2 pages), in respect of Folio No. 199968/41 having 51,855.155 units in HSBC value fund
-Regular Growth (formerly known as L&T India Value Fund- Growth) which was held by deceased namely Mr. Ashok Kumar Wahi, as mentioned in Ex.RW2/B, in respect of 200 Shares of Abbott India bearing Folio No. W00140 which are in the name of deceased namely Ashok Kumar Wahi, as mentioned in Ex.RW3/A and 60 shares of Kama Holdings Ltd. Bearing Folio No. SPP0005070 which are in the name of deceased namely Ashok Kumar Wahi as mentioned in Ex.RW3/B, in respect of 456 shares of Tata Steel Ltd, held in the name of Ashok Kumar Wahi under folio no.S1A0029368 as mentioned in Letter dated 19-04-2022, in respect of 415 shares of Piramal Enterprises Limited held in the name of Ashok Kumar Wahi under Folio No.AP00285, as mentioned in letter dated 25-05-2022, in respect of 2816 shares of Colgate-Palmolive (India) Limited held in _____________________________________________________________ Succ. Court No.223/2021 Sudha Wahi and Anr. v. The State(NCT of Delhi) Page No. 9 of 12 the name of Ashok Kumar Wahi under Folio No.A02182, as mentioned in letter dated 25-05-2022, for which succession certificate is required.
15. In view of the matter as discussed above, it is held that petitioner No. 1 Sudha Wahi and petitioner No. 2 Sarvagya Wahi are entitled for grant of succession certificate u/s. 373 of Indian Succession Act, 1925 in respect of Holding as on 11.07.2022 of Client ID bearing No. 11084564 in the name of Ashok Kumar Wahi, as mentioned in Ex. PW1/2, in respect of PPF Bank account no. 10220634501 which is in the name of Sh. Ashok Kumar Wahi, as mentioned in Ex. PW-3/2 (colly. containing 2 pages), in respect of Tata Mutual Fund bearing Folio no. 4503878/78 which is in the name of Sh. Ashok Kumar Wahi, as mentioned in Ex. PW-4/2 (colly. containing 4 pages), in respect of Holding of Demat account no. 05092828 which is in the name of Sh. Ashok Kumar Wahi, as mentioned in Ex. PW- 5/2 (colly. containing 2 pages), in respect of Folio No. 199968/41 having 51,855.155 units in HSBC value fund
-Regular Growth (formerly known as L&T India Value Fund- Growth) which was held by deceased namely Mr. Ashok Kumar Wahi, as mentioned in Ex.RW2/B, in respect of 200 Shares of Abbott India bearing Folio No. W00140 which are in the name of deceased namely Ashok Kumar Wahi, as mentioned in Ex.RW3/A and 60 shares of Kama Holdings Ltd. Bearing Folio No. SPP0005070 which are in the name of deceased namely Ashok Kumar Wahi as mentioned in Ex.RW3/B, in respect of 456 shares of Tata Steel Ltd, held in the name of Ashok Kumar Wahi under folio no.S1A0029368 as mentioned in Letter dated _____________________________________________________________ Succ. Court No.223/2021 Sudha Wahi and Anr. v. The State(NCT of Delhi) Page No. 10 of 12 19-04-2022, in respect of 415 shares of Piramal Enterprises Limited held in the name of Ashok Kumar Wahi under Folio No.AP00285, as mentioned in letter dated 25-05-2022, in respect of 2816 shares of Colgate-Palmolive (India) Limited held in the name of Ashok Kumar Wahi under Folio No.A02182, as mentioned in letter dated 25-05-2022.
16. It is accordingly directed that Succession Certificate for 2/3 share be issued in the name of petitioner No. 1 Sudha Wahi and Succession Certificate for 1/3 share be issued in the name of petitioner No. 2 Sarvagya Wahi in respect of Holding as on 11.07.2022 of Client ID bearing No. 11084564 in the name of Ashok Kumar Wahi, as mentioned in Ex. PW1/2, in respect of PPF Bank account no. 10220634501 which is in the name of Sh. Ashok Kumar Wahi, as mentioned in Ex. PW-3/2 (colly. containing 2 pages), in respect of Tata Mutual Fund bearing Folio no. 4503878/78 which is in the name of Sh. Ashok Kumar Wahi, as mentioned in Ex. PW-4/2 (colly. containing 4 pages), in respect of Holding of Demat account no. 05092828 which is in the name of Sh. Ashok Kumar Wahi, as mentioned in Ex. PW- 5/2 (colly. containing 2 pages), in respect of Folio No. 199968/41 having 51,855.155 units in HSBC value fund
-Regular Growth (formerly known as L&T India Value Fund- Growth) which was held by deceased namely Mr. Ashok Kumar Wahi, as mentioned in Ex.RW2/B, in respect of 200 Shares of Abbott India bearing Folio No. W00140 which are in the name of deceased namely Ashok Kumar Wahi, as mentioned in Ex.RW3/A and 60 shares of Kama Holdings Ltd. Bearing Folio No. SPP0005070 which are in the name of deceased namely _____________________________________________________________ Succ. Court No.223/2021 Sudha Wahi and Anr. v. The State(NCT of Delhi) Page No. 11 of 12 Ashok Kumar Wahi as mentioned in Ex.RW3/B, in respect of 456 shares of Tata Steel Ltd, held in the name of Ashok Kumar Wahi under folio no.S1A0029368 as mentioned in Letter dated 19-04-2022, in respect of 415 shares of Piramal Enterprises Limited held in the name of Ashok Kumar Wahi under Folio No.AP00285, as mentioned in letter dated 25-05-2022, in respect of 2816 shares of Colgate-Palmolive (India) Limited held in the name of Ashok Kumar Wahi under Folio No.A02182, as mentioned in letter dated 25-05-2022, upon filing of Court fees in terms of Article 12 Schedule 1 of Court fees Act and indemnity bond with one surety.
17. Petition is disposed of accordingly. After issuing of Succession certificate on compliance of above terms and conditions, file be consigned to record room. Announced in open Court. Digitally signed by MAYANK MAYANK GOEL On this 23rd day of August, 2023. GOEL Date: 2023.08.23 16:13:08 +0530 (MAYANK GOEL) ACJ/CCJ/ARC (WEST) TIS HAZARI COURTS/DELHI _____________________________________________________________ Succ. Court No.223/2021 Sudha Wahi and Anr. v. The State(NCT of Delhi) Page No. 12 of 12