Delhi District Court
Ashok Kumar Gupta vs The State And Ors on 10 September, 2024
IN THE COURT OF SH. GAURAV SHARMA
ACJ-cum-CCJ-cum-ARC, SHAHDARA
KARKARDOOMA COURTS, DELHI
CNR No. DLSH030015232022
Succession Court 108/2022
Sh. Ashok Kumar Gupta
S/o Late Sh. Puran Lal Gupta
R/o: H.No. 11019A, Sapt Rishi Marg,
Near Kela Devi Mandir,
Subhash Park, Naveen Shahdara,
Delhi-110032
..........Petitioner
Versus
1. State of NCT of Delhi
Through Sub Divisional Magistrate (Shahdara)
D.C. Office, Nand Nagari, Delhi
2. Ajay Gupta (Brother of the Petitioner)
S/o Late Sh. Puran Lal Gupta
R/o: H.No. 11019A, Sapt Rishi Marg,
Near Kela Devi Mandir, Subhash Park, Naveen Shahdara,
Delhi- 110032.
3. Punjab National Bank
Office At: Near State Bank of India
G.T. Road, Shahdara, Delhi-110032
SC No. 108/2022 Ashok Kumar Gupta Vs. The State And Ors pg. no. 1/7
4. Axis Bank
Office At:- Statesmen House,
148, Bara Khamba Road,
New Delhi
5. Puneet Gupta
S/o Sh. M.C. Gupta
(Legal Heir of Late Smt. Sushma Gupta)
R/o: H.No. 3/337, Vidyadhar Nagar,
Jaipur, Rajasthan-302016
6. Charu Gupta
W/o Late Sh. Anil Kumar Gupta
R/o: H.No. 11019A, Sapt Rishi Marg,
Near Kela Devi Mandir,
Subhash Park, Naveen Shahdara
Delhi-110032.
7. Shubham Gupta
S/o Late Sh. Anil Kumar Gupta
R/o: H.No. 11019A, Sapt Rishi Marg,
Near Kela Devi Mandir,
Subhash Park, Naveen Shahdara, Delhi-110032
8. Sakshi Gupta
D/o Late Sh. Anil Kumar Gupta
R/o: H.No. 11019A, Sapt Rishi Marg,
Near Kela Devi Mandir,
Subhash Park, Naveen Shahdara,
Delhi-110032.
......Respondents
PETITION FOR GRANT OF SUCCESSION CERTIFICATE
UNDER SECTION 372 OF THE INDIAN SUCCESSION ACT,
1925
Date of Institution : 05.08.2022
Judgment reserved on : 31.07.2024
Judgment pronounced on : 10.09.2024
SC No. 108/2022 Ashok Kumar Gupta Vs. The State And Ors pg. no. 2/7
JUDGMENT
10.09.2024
1. Petition Allowed.
2. Vide the present petition, succession certificate is sought by the petitioner in respect of debts and securities in the name of deceased Smt. Sarla Gupta & Sh. Puran Lal Gupta, parents of petitioner.
3. In the petition, it is inter alia pleaded that the petitioner is one of the legal heirs of both the deceased parents and they were ordinarily residing at H.No. 11019A, Sapt Rishi Marg, Near Kela Devi Mandir, Subhash Park, Naveen Shahdara, Delhi-110032, within the territorial jurisdiction of this Court and there is no legal impediment in the grant of succession certificate in favour of the petitioner.
4. Perusal of the record reveals that the notice of this petition was given to the general public by way of publication in the newspaper 'Veer Arjun' on 13.12.2022. In response to the notice, no person from the general public came forward to raise any objection to grant of succession certificate in favour of the petitioner.
5. During the summary proceedings conducted as per Section 373 of the Indian Succession Act, 1925, 09 persons were examined.
6. PW1 Sh. Ashok Kumar Gupta filed his evidence by way of SC No. 108/2022 Ashok Kumar Gupta Vs. The State And Ors pg. no. 3/7 affidavit Ex. PW1/A wherein he reiterated the contents of the petition and relied upon the following documents being:-
i) Copy of Aadhar Card of PW1 : Ex. PW1/1 (OSR)
ii) Copy of passbook of Late Smt. Sarla of PNB : Ex. PW1/2 (Colly.)
iii) Original Axis Bank Statement of Sh. Puran Lal Gupta : Mark A
iv) Copy of death certificate of Late Smt. Sarla Gupta : Ex. PW1/4 (OSR)
v) Copy of death certificate of Late Sh. Puran Lal Gupta : Ex. PW1/5 (OSR)
vi) Copy of death certificate of Late Sh. Anil Kumar Gupta : Ex. PW1/6 (OSR)
vii) Copy of death certificate of Late Smt. Sushma Gupta : Ex. PW1/7 (OSR)
7. RW1 Sh. Ratan Pal, Naib Tehsildar, SDM Office, Shahdara, Delhi, appeared on behalf of respondent no. 1 and filed a report regarding the legal heirs of both the deceased Smt. Sarla Gupta & Late Sh. Puran Lal Gupta. As per the report, they have left behind after death 06 legal heirs namely Sh. Ashok Kumar Gupta (son) / petitioner, Sh. Ajay Gupta (son), Ms. Charu Gupta (daughter-in-law), Ms. Sakshi Gupta (granddaughter), Sh. Shubham Gupta (grandson) & Sh. Puneet Gupta (grandson). Report of Ld. SDM, District Shahdara, Delhi Ex. RW1/1, application SC No. 108/2022 Ashok Kumar Gupta Vs. The State And Ors pg. no. 4/7 form / verification form alongwith copies of IDs of witnesses Ex. RW1/2 (Colly.) and copy of his ID proof Ex. RW1/3 (OSR).
8. RW2 Sh. Ajay Gupta, RW5 Sh. Puneet Gupta, RW6 Smt. Charu Gupta, RW7 Sh. Shubham Gupta & RW8 Ms. Sakshi Gupta deposed that they are son, maternal grandson, daughter-in-law, grandson & granddaughter of both the deceased Smt. Sarla Gupta & Sh. Puran Lal Gupta respectively and had no objection if succession certificate is issued by this Court in favor of the petitioner qua debts and securities in the name of both the deceased. Their affidavits / NOCs in this regard Ex. RW2/A, Ex. RW5/A & Ex. RW6/A, Ex. RW7/A, Ex. RW8/A & copies of their ID proofs Ex. RW2/B (OSR), Ex. RW5/B (OSR) & Ex. RW6/B (OSR), Ex. RW7/B (OSR) & Ex. RW8/B (OSR) respectively.
9. RW3 Sh. Rajan Jain, SOW, Punjab National Bank, At:-
Near State Bank of India, G.T. Road, Shahdara, Delhi- 110032 appeared on behalf of respondent no. 3. He filed the statement of account of Smt. Sarla Gupta, bearing account no. 0125000100273959 alongwith AR letter of the bank Ex. RW3/1 (Colly.) (04 pages) with closing balance of Rs. 2,89,650.29. Copy of his ID proof Ex.RW3/2 (OSR).
10. RW4 Sh. Ravi Kumar, Sr. Manager, At:- Statesmen House, 148, Barah Khamba Road, New Delhi appeared on behalf SC No. 108/2022 Ashok Kumar Gupta Vs. The State And Ors pg. no. 5/7 of respondent no. 4. He filed the statement of account of Sh. Pooran Lal Gupta, bearing account no. 007010100011801 (from 01.04.2022 to 13.01.2023) Ex. RW4/1 (Colly.) (02 pages) with closing balance of Rs. 72,038.40/-. Copy of his ID proof Ex. RW4/2 (OSR).
11. During the course of final arguments, Ld. Counsel for the petitioner referred to the testimonies of the witnesses examined and submitted that the material on record was sufficient to conclude that the petitioner is one of the surviving legal heirs of both the deceased and that there is no impediment in grant of succession certificate in favour of petitioner.
12. Heard. Record perused.
13. The testimonies of the witnesses examined prove that Smt. Sarla Gupta passed away on 25.01.2010 & Sh. Puran Lal Gupta passed away on 25.09.2005. On such date, as per Section 15 & Section 8 of Hindu Succession Act, 1956 ('Act'), petitioner and respondents no. 2, 5 to 8 are the legal heirs as per the Schedule of the Act. Respondents no. 2, 5 to 8 (being son, maternal grandson, daughter-in-law, grandson & granddaughter of deceased Smt. Sarla Gupta & Sh. Puran Lal Gupta respectively) have already given their NOCs in favor of the petitioner. No one else has come forward to oppose this succession petition as well despite publication in newspaper.
SC No. 108/2022 Ashok Kumar Gupta Vs. The State And Ors pg. no. 6/7
14. In light of the aforesaid facts and circumstances and on the basis of the material placed on record, this Court is of the view that the present petition is liable to be favourably considered. Thus, the present petition qua the grant of succession certificate in respect of statement of account of Smt. Sarla Gupta, bearing account no. 0125000100273959 with closing balance of Rs. 2,89,650.29/- and statement of account of Sh. Pooran Lal Gupta, bearing account no. 007010100011801 with closing balance of Rs. 72,038.40/-, is hereby allowed.
15. Accordingly, succession certificate be issued in favour of the petitioner. Since the petition in question pertains to issuance of succession certificates qua both parents of the petitioner, it is undertaken by the petitioner to pay the combined Court fee, i.e. at a rate twice that of the one leviable in case of a single deceased. Succession certificate be drawn on deposit of court fees of Rs. 7,241/- & Rs. 1,801/- in terms of Article 12 Schedule 1 of Court Fees Act, 1870 as applicable in Delhi & on furnishing an Indemnity Bond with one surety each within 30 days from today.
16. File be consigned to Record Room after due compliance.
Digitally
signed by
Announced in the open Court GAURAV
GAURAV
SHARMA
SHARMA Date:
on 10.09.2024 2024.09.10
14:01:42
+0530
(Gaurav Sharma)
ACJ/CCJ/ARC/Shahdara
KKD Courts/Delhi
10.09.2024
SC No. 108/2022 Ashok Kumar Gupta Vs. The State And Ors pg. no. 7/7