Delhi District Court
Smt. Anita Rani vs The State on 2 July, 2015
IN THE COURT OF SH. GAGANDEEP SINGH, ADMINISTRATIVE
CIVIL JUDGECUMARC (NORTH WEST) ROHINI COURTS, DELHI
Petition No. : SCC 118/14
Date of Institution : 10.10.2014
Date of arguments : 02.07.2014
Date of order : 02.07.2014
In the matter of:
1. Smt. Anita Rani
W/o. Late Sh. Arun Kumar
2. Dev
S/o Late Sh. Arun Kumar
3. Avika,
D/o Late Sh. Arun Kumar
(Petitioner no. 2 and 3 through their mother and natural guardian)
All R/o. 319B, Village Mohdpur Majri,
Delhi.
....Petitioners
Versus
1. The State
2. Alankit Assignment Ltd.
1E/13, Ground Floor,
Jhandewalan Extension, New Delhi.
3. Smt. Krishna Devi
W/o Sh. Bhagat Singh
R/o 319B, Vill. Mohdpur Majri,
P.O Karala, Delhi ....Respondents
SCC No. 118/14 Anita Rani & Ors. vs. State & Ors. 1
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. Arun Kumar S/o. Sh. Bhagat Singh (deceased).
2. The relevant facts for the disposal of the present petition are that husband of the petitioner expired on 06.08.2013. He was ordinarily residing at 319 B, Village Mohdpur Majri,Delhi. It is stated that the deceased had left behind the petitioner no. 1/wife, petitioner no. 2/son & petitioner no. 3/daughter and respondent no. 1/mother as his legal heirs.
The present petition has been filed for the grant of succession certificate in respect of shares in account no. 11281037 with Alankit Assignment Ltd. 1E/13, Ground Floor, Jhandewalan Extension, New Delhi lying in the name of the deceased Late Sh. Arun Kumar.
ISIN Company Quantity
INE455J01027 Austral Coke & Projects Limited EQ NEW F.V RE.
1/ 5000
INE019A01020 JSW Steel Limited EQ NEW 27
INE750C01026 Marksans Pharma Ltd. EQ NEW RE.1/ 18500
INE739A01015 Moser Baer India Ltd. EQ 200
INE015A01028 Ranbaxy Laboratories Limited EQ NEW FV Rs 5/ 50
INE330H01018 Reliance Communication Limited EQ 100
SCC No. 118/14 Anita Rani & Ors. vs. State & Ors. 2
INE669C01028 Tech Mahindra Limited EQ NEW FV Rs. 10/ 105
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 was served through publication in daily newspaper 'Rashtriay Sahara' dated 17.12.2014 but none appeared from general public to oppose or contest the present petition.
4. In support of her petition, petitioner examined RW1/Smt. Krishna Devi who deposed that they have no objection if succession certificate is granted in favour of the petitioner. She proved the copy of her no objection is Ex.RW1/A. She also filed copy of her election identity card as Ex. RW1/1.
Thereafter, petitioner no. 1 examined herself as PW1 and tendered her evidence by way of affidavit Ex. PW1/A. She also relied upon documents i.e. death certificate of deceased as Ex. PW1/1, election identity card as Ex. PW1/2, copy of birth certificate of petitioner no. 2 as Ex. PW1/3, copy of birth certificate of petitioner no. 3 as Ex. PW1/4. Petitioner no. 1 also relied upon the report given by respondent no. 2 as Ex. PW1/5.
5. Heard.
6. Considering the above stated facts, this Court is of the opinion that SCC No. 118/14 Anita Rani & Ors. vs. State & Ors. 3 there is no impediment in grant of Succession Certificate in favour of petitioners to the extent of 1/3rd share each being the legal heirs in respect of shares in account no. 11281037 with Alankit Assignment Ltd. 1E/13, Ground Floor, Jhandewalan Extension, New Delhi lying in the name of the deceased Late Sh. Arun Kumar.
ISIN Company Quantity
INE455J01027 Austral Coke & Projects Limited EQ NEW F.V RE.
1/ 5000
INE019A01020 JSW Steel Limited EQ NEW 27
INE750C01026 Marksans Pharma Ltd. EQ NEW RE.1/ 18500
INE739A01015 Moser Bear India Ltd. EQ 200
INE015A01028 Ranbaxy Laboratories Limited EQ NEW FV Rs 5/ 50
INE330H01018 Reliance Communication Limited EQ 100
INE669C01028 Tech Mahindra Limited EQ NEW FV Rs. 10/ 105
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. Petitioner no. 1 to file court fees for issuance of succession certificate. On the basis of value of shares as reflected in statement Ex. PW1/J. File be consigned to Record Room.
Announced in the open court (Gagandeep Singh)
on 02.07.2015 ACJCUMARC NORTHWEST
ROHINI COURTS, DELHI
This judgment contains four pages & each page has been signed by me. SCC No. 118/14 Anita Rani & Ors. vs. State & Ors. 4 Suit No. 118/14 Anita Rani & Ors. vs. State & Ors.
02.07.2015 Present: Ld. counsel for petitioner 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/02.07.2015 SCC No. 118/14 Anita Rani & Ors. vs. State & Ors. 5