Delhi District Court
Smt. Nirmala Devi vs The State & Ors on 24 September, 2016
IN THE COURT OF LD. ADMINISTRATIVE CIVIL JUDGE
CUM ADDITIONAL RENT CONTROLLER (CENTRAL) :
DELHI
Presided over by : Sh. Hem Raj
Petition No. : 107/15
Unique ID No : 02401C0408602015
In the matter of:
1 Smt. Nirmala Devi,
W/o. Sh. Shiv Naresh Mishra,
2 Master Daksh Mishra, Aged about 8 years.
S/o. Late Sh. Santosh Kumar Mishra,
3 Master Aarush Mishra, aged about 6 years,
S/o. Late Sh. Santosh Kumar Mishra,
Presently at R/o. 125/E, DCM, Railway Colony,
Kishan Ganj, Delhi110006.
Also at - 0,
Property No. 7A, Ankur Enclave,
Karawal Nagar, Delhi110094.
....Petitioners.
Versus
The State & Ors.
.....Respondents.
Date of Institution : 06.08.2015
Date of order when reserved : 23.09.2016
Date of order when announced : 24.09.2016
Petition no. 107/15
J U D G M E N T :
1 The present succession petition has been filed by the
petitioners namely Smt. Nirmala Devi, Master Daksh Mishra and Master Aarush Mishra for grant of Succession Certificate in their favour in respect of debts and securities left by Sh. Santosh Kumar Mishra and Smt. Santosh Mishra, who expired on 09.06.2015 at U.P. , claiming that the deceased persons was the son and daughter in law of petitioner no. 1 Smt. Nirmala Devi and parents of petitioners no. 2 and 3 Master Daksh Mishra and Master Aarush Mishra.
2 After filing of this petition, notice of filing of this petition was given to the general public by way of publication in the newspaper 'Bande Matram' dated 22.08.2015, but none has appeared from general public to oppose or contest the present petition.
3 Statements of Lrs/Respondents no. 2 to 5 namely Sh. Shiv Naresh Mishra, Smt. Radha, Sh. Krishan Mishra and Ms. Mona have been recorded with regard to their no objections to grant of Succession Certificates in favour of petitioners namely Smt. Nirmala Devi, Master Daksh Mishra and Master Aarush Mishra in respect of debts and securities of deceased persons namely Sh. Santosh Kumar Mishra and his wife Smt. Santosh Mishra.
Petition no. 107/154 PW1 Sh. Vipin Kumar Soni, Enforcement Officer, EPF, Wazirpur Industrial Area filed a written submission in respect of PF A/c No. DL/7065/55 of Sh. Santosh Kumar Mishra, Ex. PW1/1. As per record, an amount of Rs.1,90,210/ (Employee's share) and Rs.96,871/ (Employer's share) towards PF including interest upto 01.04.2015. The said written submission has been issued by concerned EPFO, Delhi.
5 PW2 Sh. Pranoy Chakrabarty, Personal Bankers, HDFC Bank, Barakhambha Road filed the certified copies of statement of SB accounts and FDRs in respect of SB A/c bearing no. 07081000014581, lying in the name of Sh. Santosh Kumar Mishra and Smt. Santosh Mishra, amounting to Rs.2,21,835.16p and he also brought two FDRs bearing no. 50300051218086, amounting to Rs.3,24,960.50p and another FDR a/c no. 50300084276285, amounting to Rs.2 lacs, both FDRs are lying in the name of Sh. Santosh Kumar Mishra and Smt. Santosh Mishra, Ex. PW2/1 to Ex. PW2/3 respectively.
6 PW3 Ms. Shalini, Single Window Operator, Punjab National Bank, Bara Hindu Rao Hospital branch, Delhi filed the certified statement of SB account no. 0155000104235639, lying in the name of Sh. Santosh Kumar Mishra and Smt. Santosh Mishra, amounting to Rs.1,19,362.04p, Ex. PW3/1.
Petition no. 107/157 PW4 Mr. Vishal Bhagotia, Assistant Manager, Vijaya Bank, Barakhambha Road branch deposed in respect of two SB A/c bearing no. 600401011002094, lying in the name of Smt. Santosh Mishra, amounting to Rs.46,792/ and 600401011000444, lying in the name of Sh. Santosh Kumar Mishra, amounting to Rs.5,815.66p. The certified statement of the said SB account are Ex. PW4/1 and Ex. PW4/2 respectively. He has also brought record of two PPF account bearing no. 60040PPF000000000144, lying in the name of Smt. Santosh Mishra, amounting to Rs.15,689/ and another PPF No. 60040PPF000000000145, lying in the name of Sh. Santosh Kumar Mishra, amounting to Rs.15,689/, the certified statement of the said PPF account are Ex. PW4/3 and Ex. PW4/4 respectively. He has also brought the record of one RD account bearing no.600403261000454, lying in the name of Smt. Santosh Mishra, amounting to Rs. 85,877/, the certified statement of the said RD account is Ex. PW4/5. He has also brought the four FDRs bearing no. 600403311003934, amounting to Rs.67,968/; FDR No. 600403311004399, amounting to Rs.25,908/; 600403311005668, amounting to Rs.5,45,482/ and FDR No. 600403681000305, amounting to Rs.88,695/, the certified statement of the said FDRs are Ex. PW4/6 to Ex. PW4/9 respectively.
8 PW5 Mr. Shyam Sunder Khadgi, Administrative Officer, LIC branch No. 12L, Durgapuri, Shahdara filed the certified status Petition no. 107/15 report in respect of two LIC Policies bearing no. 125555629 in the name of Santosh Kumar Mishra, sum assured Rs.6,19,000/ and another LIC Policy bearing no. 125556380, lying in the name of Smt. Santosh Mishra, outstanding amount is Rs.3,71,400/, Ex. PW5/1 and Ex. PW5/2.
9 PW6 Mr. Ajit Singh, PRIP, Post Office, Seelampur deposed in respect of two savings bank account bearing no. 2588601, in the name of Ms. Santosh D/o. Sh. R.S. Shukla, amounting to Rs.6,955.15p and another savings account bearing no. 2589551, in the name of Smt. Santosh Mishra and sh. Santosh Kumar Mishra, amounting to Rs.11,434/ and one MIS account bearing no. 19473, in the joint name of Smt. Santosh Mishra and Sh. Santosh Kumar Mishra, amounting to Rs.3,75,000/ and its interest is being transferred automatically in savings bank account bearing no. 2589551. A letter issued by the SubPostmaster in this regard is Ex. PW6/1.
10 PW7 Mr. Sanjay Chatterjee, Assistant Manager, State Bank of Patiala, Model Basti filed a certified statement of SB account bearing no. 55010828637, lying in the name of Mr. Santosh Kumar Mishra, amounting to Rs.1,468.42p, Ex. PW7/1.
11 As per statement of the petitioner/PW8 Smt. Nirmala Devi, the deceased persons Sh. Santosh Kumar Mishra and his wife Petition no. 107/15 Smt. Santosh Mishra were her real son and her daughter in law being the wife of Santosh Kumar Mishra. They expired on 09.06.2015 at UP and copies of their death certificates are Ex. PW8/1 and Ex. PW8/2 respectively. The deceased persons leaving behind her, two sons namely Master Daksh Mishra and Master Aarush Mishra, who are also petitioners no. 2 and 3 in the present petition and under her natural guardianship being their grand mother. She and petitioners no. 2 and 3 are the only classI legal heirs of the deceased. The deceased Sh. Santosh Kumar Mishra has also left behind his father, his brother and two sisters, who are Lrs/Respondents no. 2 to 5 in the present petition and they have given their statement in court with regard to their no objections in his favour and also in favour of other petitioners. The deceased persons did not execute any Will during their life time. The deceased persons have left behind debts and securities as mentioned in para '4' of the petition. The deceased persons were ordinarily resident of Delhi and there is no impediment for grant of Succession certificate in her favour and also in favour of other copetitioners.
12 PW9 Sh. Amarendra Singh, Branch Operations, DCB Bank15 filed the deposit confirmation advice and bank statement of Santosh Kumar Mishra, the same are Ex. PW9/1 and Ex. PW9/2 respectively. The amount mentioned in Ex. PW9/1 is still lying with the bank and the principal amount of Rs.25,000/ and maturity amount is Rs.31,023/. There is no nomination as per record. Sh. Santosh Petition no. 107/15 Kumar Mishra was holding savings bank account bearing no. 04611700036218 amounting to of Rs.4,54,000/, as on dated 24.09.2015.
13 PW10 Sh. Naveen Kumar Sharma, Manager, Depository Division, Bharat Bhushan Equity Traders Ltd., filed the demate holding account statement of Sh. Santosh Kumar Mishra having client ID No. 10135405, as per the statement security of the amount of Rs.53,646.70/ is lying in his name, Ex. PW10/1 and an outstanding bill of Rs.479.58/ is lying payable to M/s. Bharat Bhushan Equity Traders Limited for maintain the demate account of Late Sh. Santosh Kumar Mishra.
14 PW11 Sh. Ravindra Kumar, Assistant, LIC branch 12L, Hardev Puri filed a letter in respect of LIC Policy o. 125556380, lying in the name of Santosh Mishra W/o. Sh. Santosh Kumar Mishra, amounting to Rs.5 lacs + Rs.1,19,500/. Another LIC Policy bearing no. 125555629, lying in the name of Santosh Kumar Mishra, amounting to Rs.3 lacs + Rs.71,700/. A letter has been issued in this regard which is Ex. PW11/1.
15 PW12 Ms. Mamta Rani, Advocate for the LIC filed a letter dated 25.07.2016 has been issued by the Chief Manager the LIC furnishing the outstanding amount in the LIC Policy bearing no.
Petition no. 107/15252858905 of Late Sh. Santosh Kumar Mishra. As per which, an amount of Rs.1,50,036/ is lying outstanding against the said LIC Policy due to accidental death of Sh. Santosh Kumar Mishra. The accidental benefit amount will be released subject to submit of FIR, Panchnama, Post Mortem Report, Chargesheet or F R. The said letter is Ex. PW12/1.
16 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 petitioners namely Smt. Nirmala Devi, Master Daksh Mishra and Master Aarush Mishra to the extent of 1/3rd share each in respect of debts and securities of the deceased persons namely Sh. Santosh Kumar Mishra and Smt. Santosh Mishra. Accordingly, a Succession Certificate be issued in favour of petitioners namely Smt. Nirmala Devi, Master Daksh Mishra and Master Aarush Mishra to the extent of 1/3rd share each in respect of debts and securities of the deceased persons namely Sh. Santosh Kumar Mishra and Smt. Santosh Mishra, in terms of Ex. PW1/1, Ex. PW2/1 to Ex. PW2/3, Ex. PW3/1, Ex. PW4/1 to Ex. PW4/9, Ex. PW5/1, Ex. PW5/2, Ex. PW6/1, Ex. PW7/1, Ex. PW9/1, Ex. PW 9/2, Ex. PW10/1 and Ex. PW12/1, as per which the outstanding service dues of the deceased was Rs.41,25,117.63/. Succession certificate be drawn on deposit of requisite court fee of Rs.1,03,128/ Petition no. 107/15 and on furnishing an Indemnity Bond with one surety within 15 days.
Since, petitioners no. 2 and 3 namely Master Daksh Mishra and Master Aarush Mishra are minors, hence their respective share be kept in term deposit with any nationalized bank/post office till they attain the age of majority.
File be consigned to Record Room.
Announced in the open court (HEM RAJ)
on 24.09.2016 Administrative Civil Judgecum
Additional Rent Controller (Central)
Delhi.
Petition no. 107/15
107/15
24.09.2016
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 petitioners namely Smt. Nirmala Devi, Master Daksh Mishra and Master Aarush Mishra to the extent of 1/3rd share each in respect of debts and securities of the deceased persons namely Sh. Santosh Kumar Mishra and Smt. Santosh Mishra. Accordingly, a Succession Certificate be issued in favour of petitioners namely Smt. Nirmala Devi, Master Daksh Mishra and Master Aarush Mishra to the extent of 1/3rd share each in respect of debts and securities of the deceased persons namely Sh. Santosh Kumar Mishra and Smt. Santosh Mishra, in terms of Ex. PW1/1, Ex. PW2/1 to Ex. PW2/3, Ex. PW3/1, Ex. PW4/1 to Ex. PW4/9, Ex. PW5/1, Ex. PW5/2, Ex. PW6/1, Ex. PW7/1, Ex. PW9/1, Ex. PW9/2, Ex. PW10/1 and Ex. PW12/1, as per which the outstanding service dues of the deceased was Rs.41,25,117.63/. Succession certificate be drawn on deposit of requisite court fee of Rs.1,03,128/ and on furnishing an Indemnity Bond with one surety within 15 days.
Since, petitioners no. 2 and 3 namely Master Daksh Mishra and Master Aarush Mishra are minors, hence their respective share be Petition no. 107/15 kept in term deposit with any nationalized bank/post office till they attain the age of majority.
File be consigned to Record Room.
(Hem Raj) ACJ/ARC (Central) Delhi/24.09.2016 Petition no. 107/15