Delhi District Court
Sh. Tarun Raghav vs . State (Gnct Of Delhi) on 8 May, 2012
SH. TARUN RAGHAV vs. STATE (GNCT of DELHI)
IN THE COURT OF SH. RAVINDER SINGH, ADMINISTRATIVE
CIVIL JUDGE (EAST), KARKARDOOMA COURTS, DELHI
PETITION NO.: SC21/2012
Unique Case ID No.:02402C00064972012
IN THE MATTER OF:
1. Sh. Tarun Raghav
S/o Late Sh. Virender Singh
2. Ms. Rashi Raghav (Minor)
D/o Late Sh. Virender Singh
(Petitioner no.2 through their brother
& natural guardian, i.e. petitioner No.1)
Both petitioners are resided at
R/o H.No.131, BlockD,
St. No.6, Laxmi Nagar,
Delhi - 110 092 ........ Petitioners
VERSUS
The State (Govt. of NCT of Delhi) ...... Respondent
DATE OF INSTITUTION: 03.03.2012
DATE OF RESERVING THE ORDER: 08.05.2012
DATE OF DECISION: 08.05.2012
PETITION U/S 372 of INDIAN SUCCESSION ACT
PETITION NO.:SC21/2012 Page1/5
SH. TARUN RAGHAV vs. STATE (GNCT of DELHI)
JUDGMENT
1. This is a succession petition filed by Sh. Tarun Raghav for himself and on behalf of her minor sister namely Rashi Raghav (hereinafter called petitioner no.1 & 2 respectively), in respect of debt and securities left by their deceased mother Smt. Kanta Raghav. Petitioners alleged that their father has already expired on 20.11.2003 so they are the only legal heirs of the deceased. Petitioners further alleged that they are claiming succession certificate in respect of one FDR bearing account no.16520300020809 having maturity value of Rs.2,66,658/ and one saving bank account No. 16520100023377 having balance amount of Rs.1,34,596.75 with Bank of Baroda, Shakarpur Branch, Delhi110 092. Petitioners also alleged that they being the only legal heirs of the deceased are entitled to obtain succession certificate and there is no impediment to grant succession certificate in their favour under Indian Succession Act.
2. Notice of petition was given to general public through publication in newspaper 'Rashtriya Sahara' dated 23.04.2012. No objection to the petition has been received from any member of general public.
3. To prove their case, petitioner no.1 examined himself as PW1. PETITION NO.:SC21/2012 Page2/5
SH. TARUN RAGHAV vs. STATE (GNCT of DELHI) PW1 produced and proved the death certificate of his deceased mother Smt. Kanta Raghav as Ex.PW1/1, copy of death certificate of his deceased father Sh. Virender Singh as Ex.PW1/2, Copy of FDR bearing no. 16520300020809 as Ex.PW1/3; Bank certificate issued by Bank of Baroda regarding details of Saving bank account and FDR as EX.PW1/4; copy of ration card of the deceased as Ex.PW1/5; copy of his voter ID Card for his identification as Ex.PW1/6 and copy of newspaper 'Rashtriya Sahara' is Ex.PW1/7. PW1 also deposed that besides him, petitioner no.2 is the other legal heir of deceased Smt. Kanta Raghav. PW1 also deposed that being the brother and natural guardian of petitioner no.3, he is claiming equal share for her in the debts and securities of the deceased Smt. Kanta Raghav. PW1 further deposed that he is claiming succession certificate in respect of debts and securities of the deceased Smt. Kanta Raghav and there is no impediment for granting a succession certificate in their favour.
4. I have heard the argument of Ld. counsel for the petitioners and perused the material available on record.
5. Present petition has been filed by Sh. Tarun Raghav for himself and on behalf of her minor sister namely Rashi Raghav being the only LRs of the deceased Smt. Kanta Raghav. PW1 proved that husband of the deceased has already expired and except him and petitioner no.2 no other PETITION NO.:SC21/2012 Page3/5 SH. TARUN RAGHAV vs. STATE (GNCT of DELHI) legal hairs of the deceased. PW1 proved the death certificate of his father Ex.PW1/2. PW1 also established that he is the brother and natural guardian of petitioner no.2 who is minor so they being legal heirs of deceased Smt. Kanta Raghav are entitled for grant of succession certificate in their favour in respect of debt and securities i.e. FDR bearing account no. 16520300020809 having maturity value of Rs.2,66,658/ and for saving bank account No.16520100023377 having balance amount of Rs. 1,34,596.75 lying with Bank of Baroda, Shakarpur Branch, Delhi110 092. In view of the above, I am of the considered opinion that there is no impediment in issuance of succession certificate in favour of petitioners in equal share i.e ½ share each.
6. In view of aforesaid discussion, petition is allowed, accordingly, I direct that succession certificate be issued in favour of petitioners, namely, Sh. Tarun Raghav and Ms. Rashi Raghav for equal share i.e ½ share each in respect of debts & securities of the deceased Smt. Kanta Raghav i.e. FDR bearing account no.16520300020809 having maturity value of Rs.2,66,658/ and saving bank account No. 16520100023377 having balance amount of Rs.1,34,596.75 lying with Bank of Baroda, Shakarpur Branch, Delhi110092 in terms of Ex.PW1/4, on filing of requisite court fee and on furnishing an indemnity bond with one surety within 15 days.
PETITION NO.:SC21/2012 Page4/5
SH. TARUN RAGHAV vs. STATE (GNCT of DELHI)
7. No further orders are required to be passed in the matter. File be consigned to record room after necessary compliance.
Announced In Open Court (RAVINDER SINGH)
08.05.2012 Administrative Civil Judge(East)
Karkardooma Courts,Delhi
PETITION NO.:SC21/2012 Page5/5