Delhi District Court
Ms. Rachana Jain (Daughter Of Deceased) vs Mamta Jain (Daughter Of Deceased) on 20 April, 2018
:IN THE COURT OF ATUL KRISHNA AGRAWAL
ADDITIONAL RENT CONTROLLER (SOUTH):
COURT ROOM NO. 204, SAKET COURTS: NEW DELHI
SUCCESSION CASE NO. 67/2017
Ms. Rachana Jain (Daughter of Deceased)
W/o Talit Jain
D/o Prem Sagar Jain,
R/o H. No. 13, Vir Nagar,
Jain Colony, Rana Pratap Bhag,
New Delhi
......... Petitioner
Vs.
1. Mamta Jain (Daughter of deceased)
W/o Sanjay Jain,
R/o A1/6, DLF City, Phase 1,
Near Qutub Plaza Market,
2. Ritu Kumar (Daughter of deceased)
W/o Arun Khanna,
D/o Prem Sagar Jain,
R/o H. No. W103, Greater KailashI,
New Delhi 110048
3. Neeraj Jain (Son of deceased)
S/o P S Jain,
H. No. 13/A, OAK Drive DLF,
Chhattarpur Farm, Gadaipur,
Mehrauli, Hauz Khas, South Delhi,
New Delhi110030
4. Asha Jain (Wife of deceased)
W/o P S Jain,
W8C/4, House No. 540 Western Avenue,
Near Country Club, Sainik Farm,
Succession No. 67/2017 Rachana Jain Vs Mamta Jain Ors Page 1/5
Pushpa Bhawan, New Delhi110062
5. Punjab & Singh Bank,
C619, New Friends Colony,
New Delhi110065
6. Karvy Computershare Pvt Ltd,
Through Its Director,
Office at: Karvy Selenium TowerB,
Plot 3132, Gachibowli, Financial District,
Nanakramguda, Hyderabad500008
............Respondents
Application for grant of Succession Certificate U/S 372 of
Indian Succession Act, 1925.
DATE OF INSTITUTION : 24.08.2017
DATE OF RESERVING ORDER : 20.04.2018
DATE OF PRONOUNCEMENT : 20.04.2018
JUDGMENT
1. Vide this judgment, I shall dispose off the petition filed by the petitioner Ms. Rachana Jain for the grant of a succession certificate under section 372 of the Indian Succession Act, 1925 ( hereinafter referred to as ' the Act') in respect to debt/securities etc., of Late Sh. Prem Sagar Jain.
2. The facts relevant for the disposal of the present petition are that Sh. Prem Sagar Jain, father of the petitioner expired on 09.07.2015. It has further been stated that deceased was having a bank account bearing Succession No. 67/2017 Rachana Jain Vs Mamta Jain Ors Page 2/5 No.03441000024207, Punjab & Sind Bank, C619, New Friends Colony, New Delhi65. It has further been stated that deceased was having some shares of the Karvy Computershare Pvt Ltd.
3. It has been further stated that petitioner is one of the legal heir/ representative of deceased alongwith respondent no.1 Mamta Jain (daughter of deceased), respondent no.2 Ritu Kumar (daughter of deceased), respondent no.3 Neeraj Jain (son of deceased) and respondent no.4 Asha Jain (wife of deceased). It was 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.
3. A notice of the petition was published in the daily newspaper ''The Statesman" on 13.10.2017 inviting objections on behalf of general public to the grant of succession certificate in favour of the applicant / petitioner, but none had 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. As per report filed on behalf of Punjab & Sindh Bank/respondent no.5, the balance in Account No. 03441000024207 was Rs.1,47,377.60/ as on 20.11.2017.
5. As per report dated 05.03.2018 filed on behalf of Karvy Computershare Pvt. Ltd./respondent no.6, it is stated that Karvy Computershare Pvt Ltd has been appointed by Lumax Industries as their RTA to deal with the back office operations and to process the transactions of transfer, transmission and other related activities related to the shareholders. It is further stated therein that as per record, 250 Succession No. 67/2017 Rachana Jain Vs Mamta Jain Ors Page 3/5 equity shares stand credit in the name of Prem Sagar Jain under Folio No.P 000771 and the market value as on date is Rs.5,60,000/ approx. It is further stated that said 250 shares can be transmitted in the name of successor upon production of succession certificate.
6. The petitioner was examined as PW1 who deposed on the lines of the facts as averred in her petition. She had relied upon the following documents:
a) copy of death certificate of deceased as Ex.PW1/1
b) copy of voter ID card of deceased as Ex.PW1/2
c) cancel cheque of Punjab & Sindh Bank of the account maintained by deceased as Ex.PW1/3
c) copy of letter dated 24.06.2017 issued by respondent no.6 as Mark A
d) copy of my PAN card as Ex.PW1/4
5. The copy of death certificate reflects that deceased Sh. Prem Sagar Jain expired on 09.07.2015. Further, on 31.08.2017, respondent no.1 Mamta Jain (daughter of deceased), respondent no.2 Ritu Kumar (daughter of deceased), respondent no.3 Neeraj Jain (son of deceased) and respondent no.4 Asha Jain (wife of deceased) had appeared before the court and have got recorded their joint that they are the legal heirs of deceased and that they have no objection if the succession certificate in respect of debts and securities of deceased Prem Sagar Jain is issued in favour of petitioner. They have also tendered their respective no objections affidavit Ex.RW1/A, Ex.PW1/B, Ex.PW1/C and Ex.PW1/D.
6. The aforesaid claim of the petitioner have gone unrebutted and nobody appeared on behalf of public at large to contest the aforesaid Succession No. 67/2017 Rachana Jain Vs Mamta Jain Ors Page 4/5 claim of the petitioner. There is also no impediment U/S 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.
7. In view of above, I hold that the petitioner Ms. Rachana Jain, D/o late Sh. Prem Sagar Jain is entitled for the grant of Succession Certificate U/S 372 of the Act in respect of debts and securities.
8. Accordingly, Succession Certificate be issued to Ms. Rachana Jain, D/o late Sh. Prem Sagar Jain 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 Bond with one surety in the like amount for the value of debts and securities as detailed herein above.
9. File be consigned to Record Room after completion of necessary formalities.
Announced in the open court (Atul Krishna Agrawal)
on 20.04.2018 Administrative Civil Judgecum
Additional Rent Controllercum
Commercial Civil Judge: (South):
Saket District Courts: New Delhi
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