Delhi District Court
Kherati Lal vs . State & Anr. on 26 May, 2022
IN THE COURT OF SH. DEEPAK VATS
Administrative Civil Judge - Commercial Civil Judge
Additional Rent Controller
SouthEast, Saket Courts, Delhi
SC No.45/2022
Kherati Lal Vs. State & Anr.
Kherati Lal
S/o Mulchand
R/o 389, BIW, Colony BTPS,
Badarpur, Jaitpur, New Delhi110044.
.... Petitioner
Versus
1. The State through SDM
36, MehrauliBadarpur RD,
Tughlakabad Institutional Area,
Vayusenabad, New Delhi110062.
2. Oriental Bank of Commerce
New Delhi Mohan COOP IND Estate
A14, BI Block, MCIEF
Mathura Road, New Delhi.
.... Respondent
PETITION FOR GRANT OF SUCCESSION CERTIFICATE
UNDER SECTION 372 OF THE INDIAN SUCCESSION ACT,
1925
1. Date of Institution of Petition : 15.03.222
2. Date of Judgment : 26.05.2022
3. Decision : Petition Allowed
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SC No.45/2022
Kherati Lal Vs. State & Anr.
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JUDGMENT
1. This Judgment shall dispose of a petition filed by petitioner for grant of succession certificate in his favour qua the debt and securities in the name of his wife late Smt. Bhagwati with bank in the form of credit balance.
2. In the petition, it is interalia pleaded that late Smt. Bhagwati was wife of petitioner who passed away on 22.01.2022. It is pleaded that at the time of her death, she was ordinarily residing within the territorial jurisdiction of this Court. It is pleaded that deceased left behind her husband as ClassI legal heir.
3. The record of the Court file reflects that the general notice of this petition was given to public by way of publication in the newspaper 'Veer Arjun"on 18.05.2022 and 'The Statesman' on 11.05.2022. In response to the notice, no person from the general public came forward to offer any objection(s) qua grant of succession certificate to the petitioner.
4. During the summary proceedings conducted as per Section 373 of the Indian Succession Act, 1925, 03 witnesses were examined.
5. In his testimony, PW1 Sh. Kherati Lal relied upon the documents i.e. Ex.PW1/A (death certificate of deceased late Smt. Bhagwati), Ex.PW1/B (aadhar card of the deceased late Smt. Bhagwati), Ex.PW1/C (ration card of the deceased late Smt. _____________________________________________________________________________________ SC No.45/2022 Kherati Lal Vs. State & Anr.
Page no. 2 of 2 Bhagwati), Ex.PW1/D (electricity bill in the name of deceased late Smt. Bhagwati), Ex.PW1/E (front page of pass book of bank account of deceased late Smt. Bhagwati) and Ex.PW1/F (pass book entries of bank account of deceased late Smt. Bhagwati). In the report filed by SDM concerned (Ex.RW1/1, petitioner has been declared as legal hei of the deceased late Smt. Bhagwati.
6. During his testimony, RW2 Sh. Jai Prakash Meena, Deputy Manager from Punjab National Bank, Mohan Cooperative, Mathura Road, Delhi has proved the saving bank account statement of account no.11372121011057 in the name of Smt. Bhagwati. The current balance in the aforesaid account is Rs.95,340/. His report was Ex.RW2/A.
7. I have perused the record and the testimonies of all the witnesses. I have also gone through the record.
8. Perusal of legal heir report of deceased Ex.RW1/1 shows that the petitioner is the sole legal heir of late Smt. Bhagwati. Further, no one came forward to oppose issuance of succession certificate despite publication in newspaper.
9. In view of legal heir report, it is hereby ordered that succession certificate be issued in favour of petitioner namely Sh. Kherati Lal for the debts and securities of late Smt. Bhagwati, which are as follows:
S. No. Bank Name Account No. Amount
1. Punjab National Bank, Mohan 113721210110 Rs.95,340/
Cooperative, Mathura Road, Delhi 57
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10. The succession certificate shall be considered only as an entitlement of the petitioner to receive the amount (with applicable interest till date, if any) due towards late Smt. Bhagwati as referred above. The succession certificate shall not be considered as a direction to concerned bank/official to transfer the aforesaid amount to petitioner. The concerned bank/official shall be competent to seek compliance of formalities, if any, to be fulfilled for the said purpose.
11. Upon filing of requisite Court fees of Rs.1,906.8 and indemnity bond with surety by petitioner, succession certificate be issued.
12. File be consigned to Record Room after due compliance as per law.
DEEPAK Digitally signed
by DEEPAK VATS
Announced in open Court
on 26th May, 2022
VATS Date: 2022.05.26
14:46:34 +0530
(Deepak Vats)
ACJcumCCJcumARC (South East)
Saket Courts, New Delhi
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