Delhi District Court
Smt. Sushila U. Daga vs The State on 27 September, 2018
IN THE COURT OF SH. GAJENDER SINGH NAGAR : LD.
ADMINISTRATIVE CIVIL JUDGE CUM ADDITIONAL
RENT CONTROLLER (CENTRAL) : DELHI
Petition No. : SC/13/2018
In the matter of:
Smt. Sushila U. Daga,
W/o. Late Sh. Udhav Prashad Mathura Das Daga,
@ Sh. Udhav Prasad Daga,
@ Udhowprasad Mathuradas Daga,
R/o. 93A, 3rd Floor, Kamla Nagar,
Delhi110007.
....Petitioners.
Versus
The State.
.....Respondent.
Date of Institution : 05.02.2018 Date of order when reserved : 27.09.2018 Date of order when announced : 27.09.2018 J U D G M E N T :
1 The present succession petition has been filed by the petitioner namely Smt. Sushila U. Daga in respect of share certificates left by Sh. Udhav Prashad Mathura Das Daga @ Sh. Udhav Prasad Daga, @ Udhowprasad Mathuradas Daga, who expired on 19.03.2007 at Delhi, claiming that the deceased Sh. Udhav Prashad Mathura Das Petition no. SC/13/18 Daga @ Sh. Udhav Prasad Daga, @ Udhowprasad Mathuradas Daga was her husband.
2 After filing of this petition, notice was given to the general public by way of publication in the newspaper ' The Statesman" dated 15.03.2018, but none has appeared from general public to oppose or contest the present petition.
3 Statements of LRs namely Sh. Vijay Daga and Sh. Ramesh Daga have been recorded with regard to their no objections to grant of Succession Certificate in favour of the petitioner Smt. Sushila U. Daga.
4 In order to substantiate her case, the petitioner Smt. Sushila U. Daga deposed as PW1. It is stated that the deceased Sh. Udhav Prashad Mathura Das Daga @ Sh. Udhav Prasad Daga @ Udhowprasad Mathuradas Daga was her husband, who expired on 19.03.2007 at Delhi and his death certificate is Ex. PW1/1. It is stated that besides the present petitioner, the deceased has left behind two sons and two daughters, who are LRs in the present petition. Out of them, Sh. Vijay Daga and Sh. Ramesh Daga have been given their Petition no. SC/13/18 no objections to the grant of Succession Certificate in her favour while the daughters namely Smt. Sapna Damani and Smt. Uma Mohta have filed their no objections in the shape of affidavit to grant of Succession certificate in favour of present petitioner and their no objections cum affidavits are Ex. Ex. PW1/2 and Ex. PW1/3 which bears their signatures at point A and B respectively. She marked the copies of Aadhar Card and passport of her daughters as Mark A and Mark B. It is stated that the mother of the deceased predeceased him. It is stated that the deceased did not execute any Will. It is stated that the deceased has left behind debts and securities as mentioned in the list of debts and securities which is Ex. PW1/4. The copies of the same are Mark C (Collectively) running into nine pages. The total shares of Escorts Employees Ancillaries Limited is 466 (Currently company is not working hence there is no market value of these shares); the total share of Hindustan Lever Limited is 7 shares (Market value Rs.1615/ per share); 22 shares of Rane Holdings Limited (Market value Rs.1555/ per share) and 40 shares of Rane Engine Valve Limited (Market value Rs.450/ per share). It is stated that the total market Petition no. SC/13/18 value of those shares is Rs.63,515/. It is stated that her husband also known by the name of U.P. Daga @ Sh. Udhav Prashad Mathura Das Daga @ Sh. Udhav Prasad Daga @ Udhowprasad Mathuradas Daga.
It is stated that the deceased was ordinarily a resident of Delhi and there is no impediment for grant of Succession Certificate in her favour.
5 In view of the evidence adduced by the petitioner which has remained unrebutted and uncontroverted, the court is of the considered opinion that there is primafacie no impediment for grant of Succession Certificate in favour of petitioner Smt. Sushila U. Daga in respect of share certificates lying in the name of deceased U.P. Daga @ Sh. Udhav Prashad Mathura Das Daga @ Sh. Udhav Prasad Daga @ Udhowprasad Mathuradas Daga. Accordingly, a Succession Certificate be issued in favour of petitioner Smt. Sushila U. Daga in respect of share certificates lying in the name of deceased U.P. Daga @ Sh. Udhav Prashad Mathura Das Daga @ Sh. Udhav Prasad Daga @ Udhowprasad Mathuradas Daga having market value of Rs. 63,515/ . Succession certificate be drawn on deposit of requisite court fee of Petition no. SC/13/18 Rs.1588/ & on furnishing an Indemnity Bond with one surety within 15 Digitally days. signed by GAJENDER GAJENDER SINGH File be consigned to Record Room. SINGH NAGAR NAGAR Date:
2018.09.27 21:18:51 +0530 Announced in the open court (GAJENDER SINGH NAGAR ) on 27.09.2018 Administrative Civil Judgecum Additional Rent Controller (Central) Delhi.
THIS JUDGMENT CONTAINS 5 PAGES Petition no. SC/13/18 SC/13/18 27.09.2018 Present : Ld. Counsel with petitioner.
LR namely Sh. Ramesh Daga appeared and his statement recorded separately with regard to his no objection to grant of succession certificate in favour of the petitioner.
PW1 Smt. Sushila U. Daga examined and discharged. PE is closed.
Arguments heard.
Put up for orders at 4:00 p.m. (Gajender Singh Nagar) ACJ/ARC (Central) Delhi/27.09.2018 At 4:00 p.m. Present : None.
Vide separate judgment of even date, it is held that there is primafacie no impediment for grant of Succession Certificate in favour of petitioner Smt. Sushila U. Daga in respect of share certificates lying in the name of deceased U.P. Daga @ Sh. Udhav Prashad Mathura Das Daga @ Sh. Udhav Prasad Daga @ Udhowprasad Mathuradas Daga . Petition no. SC/13/18 Accordingly, a Succession Certificate be issued in favour of petitioner Smt. Sushila U. Daga in respect of share certificates lying in the name of deceased U.P. Daga @ Sh. Udhav Prashad Mathura Das Daga @ Sh. Udhav Prasad Daga @ Udhowprasad Mathuradas Daga having market value of Rs. 63,515/. Succession certificate be drawn on deposit of requisite court fee of Rs.1588/ & on furnishing an Indemnity Bond with one surety within 15 days.
File be consigned to Record Room.
(Gajender Singh Nagar) ACJ/ARC (Central) Delhi/27.09.2018 Petition no. SC/13/18