Delhi District Court
Rohit Seth vs State Of Nct Of Delhi on 4 August, 2022
IN THE COURT OF MS. TANYA BAMNIYAL,
ADMINISTRATIVE CIVIL JUDGE-cum-ADDITIONAL RENT
CONTROL-cum-COMMERCIAL CIVIL JUDGE (SOUTH),
SAKET COURTS, NEW DELHI
SUCCESSION CASE NO. 111/2021
CNR No. DLST03-001330-2021
Rohit Seth
S/o Late Sh. Vijay Seth,
R/o PNB 154, The Pinnacle Apartment,
Golf Course Road, DLF Phase - V,
Gurugram, Haryana. ... Petitioner
Vs.
1. State of NCT of Delhi.
2. Rajeev Seth
S/o Late Kishori Ballabh Seth,
R/o C-633, New Friends Colony,
Delhi.
3. Ravi Seth
S/o Late Kishori Ballabh Seth,
R/o 525 S Flagler DR, #25C,
West Palm Beach, FL- 33401,
USA.
4. Neena Seth
D/o Late Kishori Ballabh Seth,
R/o 123, Court Lane, Dulwich,
London- Se217ee, U.K.
Succession petition No. 111/2021 "Rohit Seth Vs. State of NCT of Delhi & Ors." Page 1/8
5. Sova Seth
W/o Late Vijay Seth,
R/o 15 N C, Block-A,
New Alipore, Kolkata.
6. Smt. Anupama Acharya
W/o Sh. Rajiv Acharya,
R/o B-204, Evershine Cosmic,
Oshiwara, Jogeshwari West, Mumbai,
Maharashtra. .........Respondents
Petition for grant of Succession Certificate U/S 372 of
Indian Succession Act, 1925.
DATE OF INSTITUTION : 15.09.2021
DATE OF RESERVING ORDER : 08.07.2022
DATE OF PRONOUNCEMENT : 04.08.2022
JUDGMENT
1. Vide this judgment, this Court shall dispose of the present petition filed by the petitioner Sh. Rohit Seth for grant of succession certificate under section 372 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act') in respect to debts/securities etc., of his deceased grandmother Late Krishna Kumari Seth @ KK Seth. The State as well as the other legal heirs of deceased Late Krishna Kumari Seth @ KK Seth has been impleaded as respondents.
2. The facts relevant for disposal of the present petition Succession petition No. 111/2021 "Rohit Seth Vs. State of NCT of Delhi & Ors." Page 2/8 are that the grandmother of the petitioner, Krishna Kumari Seth @ KK Seth expired on 10.10.2001. The deceased Late Krishna Kumari Seth @ KK Seth is survived by the petitioner, her two sons, namely, Sh. Rajeev Seth and Sh. Ravi Seth, her daughter Smt. Neena Seth, daughter-in-law Smt. Sova Seth (wife of Late Vijay Seth) and her grand daughter Smt. Anupama Acharya, who are respondent no. 2 to 6. It has been further stated on behalf of the petitioner that there is no impediment under the provision of the Act in the grant of succession certificate in favour of the petitioner in respect of the following:-
DEBTS AND SECURITIES OF DECEASED LATE KRISHNA KUMARI SETH @ KK SETH
(a) Market value of each Share of Hindustan Unilever Limited (HUL):
Rs.2786.35, Total No. of Shares: 3150, Folio No. HLL3011574, total Market Value: Rs.87,77,002.50.
(b) Market value of each Share of Reliance Communications Limited: Rs.3.08, Total No. of Shares: 5, ISIN No. INE330H01018,DP Account bearing Client ID No. 10252589, DP ID -IN301436, total market value: Rs.15.40.
(c) Market value of each Share of Reliance Industries Limited: Rs.2377.25, Total No. of Shares: 20, ISIN No. INE002A01018, DP Account bearing Client ID No. 10252589, DP ID -IN301436, total market value: Rs.47,545/-.
(d) Market value of each Share of Reliance Power Limited: Rs.13.93, Total No. of Shares: 1, ISIN No. INE614G01033, DP Account bearing Client ID No. 10252589, DP ID -IN301436, total market value: Rs.13.93.
(e) Market value of each Share of Tata Chemicals Limited: Rs.837/-, Total No. of Shares: 587, ISIN No. INE092A01019, DP Account bearing Client ID No. 10252589, DP ID -IN301436, total market value: Rs.4,91,319/-.
(f) Market value of each Share of Tata Consumer Products Limited: Rs.879.75, Total No. of Shares: 669, ISIN No. INE192A01025, DP Account bearing Client ID No. 10252589, DP ID -IN301436, total market value: Rs.5,88,552.75.
(g) Market value of each Scrip of UTI Flexicap Fund Unit Scheme Scrips of UTI-Succession petition No. 111/2021 "Rohit Seth Vs. State of NCT of Delhi & Ors." Page 3/8
Equity Fund: Rs.177.48, ISIN No. INF189A01053, DP Account bearing Client ID No. 10252589, DP ID -IN301436, Total No. of Scrips: 3000, total market value:
Rs.5,32,440/-.
(h) Market value of each Scrip of 6.75 BD 01JU08 FV Rs.100 Scrips of UTI- 1:
Rs.102.24, Total No. of Scrips: 25, ISIN No. INE189A07010, DP Account bearing Client ID No. 10252589, DP ID -IN301436, total market value:
Rs.2,556/-
3. A notice of the petition was published in the daily newspaper "Veer Arjun" on 23.09.2021 inviting objections on behalf of general public to the grant of succession certificate in favour of the applicant/ petitioner, but none appeared on behalf of the public at large on the day of hearing fixed to contest / oppose or raise any objection to the grant of the succession certificate in favour of the applicant / petitioner.
4. Respondent no. 2 Sh. Rajeev Seth was examined as RW1. He deposed on his behalf as well as on behalf of respondent no. 3 Ravi Seth and respondent no. 4 Smt. Neena Seth being their Special Power of Attorney, who is his brother and sister respectively that the deceased Late Krishna Kumari Seth @ KK Seth was their mother, who expired on 10.10.2001. The deceased Late Krishna Kumari Seth @ KK Seth is survived by him, his brother Sh. Ravi Seth, his sister Smt. Neena Seth, his sister-in-law Smt. Sova Seth (Wife of Late Vijay Seth, who was his brother) and his niece Smt. Anupama Acharya, who is the daughter of his brother Late Vijay Seth and the petitioner Sh. Rohit Seth, who is son of Late Vijay Seth. He deposed that they have no objection, if the succession certificate qua debts and securities of deceased Late Krishna Kumari Seth @ KK Seth is issued in favour of the Succession petition No. 111/2021 "Rohit Seth Vs. State of NCT of Delhi & Ors." Page 4/8 petitioner Sh. Rohit Seth. He placed on record the original Special Power of Attorney executed by respondent no. 3 Sh. Ravi Seth and respondent no. 4 Smt. Neena Seth in his favour as Ex.RW1/A and Ex.RW1/B, copy of his aadhar card as Ex.RW1/C (OSR) and the affidavit cum NOC on his behalf as well as on behalf of respondent no. 3 and 4 as Ex.RW1/D.
5. Respondent no. 5 Smt. Sova Seth was examined as RW2. She deposed that she is the Special Power of Attorney of respondent no. 6 Smt. Anupama Acharya, who is her daughter. She deposed on her behalf as well as on behalf of respondent no. 6 that the deceased Late Krishna Kumari Seth @ KK Seth was her mother-in-law and grandmother of respondent no. 6, who expired on 10.10.2001. She further deposed that they have no objection, if the succession certificate qua debts and securities of deceased Late Krishna Kumari Seth @ KK Seth is issued in favour of the petitioner Sh. Rohit Seth. She placed on record the original Special Power of Attorney executed by respondent no. 6 Smt. Anupama Acharya in her favour as Ex.RW2/A, copy of her aadhar card as Ex.RW2/B (OSR) and the affidavit cum NOC on her behalf as well as on behalf of respondent no. 6 as Ex.RW2/C.
6. Petitioner Sh. Rohit Seth stepped into the witness box as PW1. He deposed that the deceased Late Krishna Kumari Seth @ KK Seth was his grandmother, who expired on 10.10.2001. The deceased Late Krishna Kumari Seth @ KK Seth is survived by him, and respondent no. 2 to 6. He further deposed that the respondent no. 2 to 6 have already given their NOC regarding the Succession petition No. 111/2021 "Rohit Seth Vs. State of NCT of Delhi & Ors." Page 5/8 issuance of succession certificate in respect of debts and securities of the deceased Late Krishna Kumari Seth @ KK Seth in favour of petitioner.
He tendered his affidavit as Ex.PW1/A and relied upon the following documents:-
a) Aadhaar card of petitioner as Ex.PW1/1 (OSR).
b) PAN Card of petitioner as Ex.PW1/2 (OSR).
c) Death certificate of Late Kishori Ballabh Seth as Ex.PW1/3 (OSR).
d) Death certificate of deceased Late Krishna Kumari Seth @ KK Seth as Ex.PW1/4 (OSR).
e) Statement of DP Account of the deceased bearing Client ID-10252589, DP ID-IN301436 maintained with the HDFC Bank Ltd, duly stamped by the bank as Ex.PW1/5 (OSR).
f) Print out of email dated 24.01.2019 received from Karvy, RTA for Hindustan Unilever Limited alongwith certificate under section 65B of the Indian Evidence Act as Ex.PW1/6 (colly).
g) Print out from the official website of NSE, showing the market value of each share as on the date of the institution of present petition alongwith certificate under section 65B of the Indian Evidence Act as Ex.PW1/7 (colly).
h) Death certificate of Late Vijay Seth as Ex.PW1/8 (OSR).
i) Affidavit cum no objection of respondent no.
2 and respondent no. 5 for and on behalf of respondent no. 2 to 6 as Ex.PW1/9 (colly).
7. I have heard the arguments on behalf of the petitioner Succession petition No. 111/2021 "Rohit Seth Vs. State of NCT of Delhi & Ors." Page 6/8 and gone through the entire material available on record.
8. From the perusal of the testimony of PW1 Sh. Rohit Seth and all the documents tendered into evidence and relied upon by him, it is clear from Ex.PW1/4 (OSR) that Smt. Krishna Kumari Seth @ KK Seth expired on 10.10.2001. Perusal of the record further reveals that the deceased Late Krishna Kumari Seth @ KK Seth is survived by the petitioner and respondent no. 2 to 6. Respondent no. 2 to 6 have given their statement that they have no objection, if the succession certificate in respect of debts and securities of deceased Late Krishna Kumari Seth @ KK Seth is issued in favour of petitioner Sh. Rohit Seth. The total value for which the succession certificate is sought for is Rs. 1,04,39,445/-.
9. The aforesaid claim of the petitioner has gone un- rebutted and nobody appeared on behalf of public at large to contest the aforesaid claim of the petitioner. There is also no impediment under section 370 of the Act to grant of Succession Certificate with respect to debts/securities as mentioned above. Therefore, I deem it fit to allow the petition. Accordingly, the petition is hereby allowed.
10. In view of above, this Court holds that the petitioner Sh. Rohit Seth is entitled for the grant of Succession Certificate under section 372 of the Act in respect of debts and securities of deceased Late Krishna Kumari Seth @ KK Seth as stated above.
11. Accordingly, Succession Certificate be issued to Succession petition No. 111/2021 "Rohit Seth Vs. State of NCT of Delhi & Ors." Page 7/8 petitioner Sh. Rohit Seth on filing of court fee as prescribed in terms of Article 12 Schedule 1 of the court fee Act 1870 as applicable to Delhi and an indemnity and surety bond in the like amount for the value of debts and securities as detailed in the petition as on the date of filing of petition.
12. File be consigned to Record Room.
Announced in open court (Tanya Bamniyal)
on 04.08.2022 Administrative Civil Judge-
cum-Additional Rent Control-
cum- Commercial CIVIL JUDGE (South),
Saket Courts, New Delhi
Succession petition No. 111/2021 "Rohit Seth Vs. State of NCT of Delhi & Ors." Page 8/8