Delhi District Court
) Smt. Prem Lata Sanghi vs State on 16 September, 2009
1
IN THE COURT OF SH KULDEEP NARAYAN, ADMINISTRATIVE
CIVIL JUDGE OF SOUTH DISTRICT AT PHC NEW DELHI.
SUCCESSION CASE NO. 108/09.
DATE OF FINAL ARGUMENTS 16.09.09
DATE OF DECISION 16.09.09
1) Smt. Prem Lata Sanghi.
W/o Late Sh. G.L.Sanghi,
R/o AB6, Purana Quila Road,
New Delhi.
2) Smt.Vasudha Rohtagi
w/o Sh. Mukul Rohtagi
R/o N234, G.K.I,
New Delhi
3) Dr. (Mrs.) Veena Aggarwal,
W/o Dr. K.K.Aggarwal,
R/o s344, GKI,
New Delhi.
4) Sh. Vipin Sanghi,
S/o Late Sh. G.L.Sanghi,
R/p AB6, Purana Quila Road,
New Delhi.
5) Sh. Vivek Sanghi,
S/o Late Sh. G.L.Sanghi,
R/o 4365, West Ruby Hill Drive,
Pleasanton, CA 94566 USA ..................Applicant.
Versus.
State ..................Respondent.
16.09.09.
Application for grant of Succession Certificate U/S 372 of the Indian Succession Act 1925.
ACJ(South)PHC,N.D. 16.09.09.
2 JUDGMENT.
The applicants filed an application for the grant of succession certificate U/S 372 of the Indian Succession Act 1925 (hereinafter referred to as ''the Act'')in respect of debts and securities of Late Sh. G.L.Sanghi. The State is impleaded as respondent.
2. A public notice of the application was published in the newspaper ''The Statesmen '' on 11.06.2009 to invite objections from the public at large to the grant of succession certificate to the applicants. In response to the publication, none appeared on behalf of the respondent to file any objection in writing to the grant of succession certificate to the applicants.
3. Applicant Dr. Veena Aggarwal led the evidence by way of affidavit EXP1 and examined herself as AW1.
4. I heard arguments on behalf of the applicants. Nobody appeared on behalf of respondent to contest the claim of the applicants.
5. From the perusal of the testimony of AW3 Dr. Veena Aggarwal and all the documents tendered into evidence and relied upon th by her, it is clear that Late Sh.G.L.Sanghi expired on 05/06 January, 2009 on board at flight no. LH455, while traveling from USA to Delhi via FrankfurtGermany. At the time of his death, the place of residence of ACJ(South)PHC,N.D. 16.09.09.
3 deceased Sh. G.L.Sanghi was at C35, Neeti Bagh, New Delhi. So far nobody appeared to contest the claim of the applicants for grant of succession certificate U/S 372 of the Act. There is also no impediment U/S 370 of the Act to the grant of Succession Certificate with respect to debts/security as per Schedule ''A'' attached with the petition, valued at Rs. 8,08,074.40. The claim of the applicants so far is unrebutted.
6. It is pertinent to mention here that applicant no. 2, 3, 4 and 5 filed on record their respective affidavit mentioning therein that they have no objection to the grant of succession certificate in the name of applicant no. 1 Smt Prem Lata Sandhi in respect of debts/securities as mentioned in the Schedule ''A''. It has further come on record that applicant no. 25 have duly executed a registered release deed on 19.01.2006, thereby relinquishing all their rights & interest in all the immovable and movable assets including shares, bank deposits, securities left behind by the deceased Late Sh. G.L.Sanghi and the same is registered vide registration no. 901 in block no. 1 in Volume No. 5801 on page 187 to 190 on 19.01.2006 with the office of subRegistrar V, New Delhi. A copy of relinquishment deed has also filed by the applicants on record which is EXAW1/3.
7. It is stipulated under section 373 of the Act that Judge may grant a certificate to the applicant if he appears to be the person having prima facie the best title thereto. In the case in hand, as the ACJ(South)PHC,N.D. 16.09.09.
4 applicant no. 2,3,4 and 5 have already filed their respective no objection affidavits in favour of applicant no. 1 to the grant of succession certificate along with relinquishment deed EXAW1/3, I find applicant no. 1 to be the person having prima facie the best title thereto.
8. Accordingly, I deem it fit to allow the application of the applicants. The application is hereby allowed.
9. I hold that the applicant no. 1 Smt Prem Lata Sanghi is entitled for the grant of succession Certificate U/S 373 of the Act with respect to the debt/securities of shares as per schedule ''A'', valued at Rs. 8.08,074.40/.
10 Succession certificate be issued to the applicant no. 1 on filing of court fee of Rs. 20201.86/ in terms of Article 12 Schedule 1 of the Court Fee Act 1870 as applicable to Delhi and an indemnity bond in the sum of Rs.8,08,074.40/with one surety in the like amount.
11. The application is accordingly disposed off. Pronounced in open court. (KULDEEP NARAYAN) Dt. 16.09.09. Administrative Civil Judge District South,Court No.37.
Main Building, PHC, New Delhi.
ACJ(South)PHC,N.D. 16.09.09.
5 Application No.108/09.
16.09.09 Present: Applicant no. 3 in person with Counsel Sh. Om Prakash..
Evidence by way of affidavit tendered in to evidence by her. Final arguments heard.
Vide separate order, the application to the grant of succession certificate is allowed.
Succession Certificate be issued to the applicant no. 1 on filing of court fee of Rs. 20201.86/ in terms of Article 12 Schedule 1 of the court fee Act 1870 as applicable to Delhi and an indemnity bond in the sum of Rs.8,08,074.40/with one surety in the like amount.
Now list the case for filing court fee and indemnity bond on 06.10.09.
(KULDEEP NARAYAN) ACJ(SOUTH)/16.09.09.
06.10.09.
Present: Counsel Sh. Om Prakash on behalf of applicant.
He filed court fee of Rs. 20202/ in compliance of order dated 16.09.09.
An application under section 151 C.P.C. seeking exemption from filing indemnity cum surety bond is also moved.
Arguments heard.
Counsel for the applicant relied upon AfzalUrRehman Khan v. State, 2008(150) DLT 185 and Sajnay Suri v. State., 2003(71) DRJ ACJ(South)PHC,N.D. 16.09.09.
6
446. In view of cited judgments and section 375 of the Act, I deem it fit to allow the application U/S 151 C.P.C. and exempt the applicant no. 1 from filing indemnity cum surety bond.
Application stands allowed and is disposed of accordingly. Succession certificate be prepared and be given to the counsel for applicant against proper receipt.
File be consigned to Records.
(KULDEEP NARAYAN) ACJ(SOUTH)/06.10.09.
ACJ(South)PHC,N.D. 16.09.09.
7 ACJ(South)PHC,N.D. 16.09.09.