Delhi District Court
Smt. Vandana Sharma vs . The State & Ors. on 21 October, 2014
Smt. Vandana Sharma Vs. The State & Ors.
IN THE COURT OF SH. DEVENDER KUMAR GARG
ACJCCJARC(EAST), KARKARDOOMA COURTS, DELHI
Petition No.:SC35/14
Case ID No.: 02402C0116222014
IN THE MATTER OF:
Smt. Vandana Sharma
W/o Late Sh. Anupam Sharma
R/o D6/15, Krishna Nagar,
Delhi110051 ...PETITIONER
VERSUS
1. STATE
2. Sh. Akshay Sharma
S/o Late Anupam Sharma
R/o D6/15, Krishna
Nagar, Delhi110051
3. Sh. Karan Sharma
S/o Late Anupam Sharma
R/o D6/15, Krishna
Nagar, Delhi110051 ... RESPONDENTS
DATE OF INSTITUTION : 19.04.2014
DATE OF RESERVING THE ORDER: 21.10.2014
DATE OF DECISION : 21.10.2014
SC35/14 Page No. 1/7
Smt. Vandana Sharma Vs. The State & Ors.
PETITION U/S 372 OF INDIAN SUCCESSION ACT
JUDGMENT
1. The present petition has been filed under section 372 of the Indian Succession Act, 1925 by Smt. Vandana Sharma(hereinafter called petitioner), for a Succession Certificate in respect of shares left behind by deceased namely Sh. Anupam Sharma(husband of petitioner) who expired on 26.12.2010 at Jammu & Kashmir. Petitioner has filed the copy of Driving License of her deceased husband to show that the last place of residence of the deceased was Delhi.
2. It is seen that the petitioner has filed the present petition for shares in the name of deceased with Abhipra Capital Ltd., shares of Frontline, shares of Jai Prakash Associates and shares of Nagarjuna Fertilizers and Chemical Ltd. However, on 18.10.2014, petitioner (PW1) made statement that she does not want to pursue the present petition for Succession Certificate qua 200 shares(Physical shares) of Frontline & 310 shares(physical shares) of Nagarjuna Fertilizers and Chemical Ltd. She also deposed that she wants to pursue the present petition for Succession Certificate qua shares of Abhipra Capital Ltd. mentioned in Ex. RW2/6 & Jai Prakash Associates Ltd. mentioned in Ex. RW1/A.
3. The petitioner is governed by Hindu Law.
4. The Notice of the present petition was given to the State (Respondent no. 1) by way of publication for the general public in the newspaper 'Veer Arjun' dated 26.08.2014.
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Smt. Vandana Sharma Vs. The State & Ors.
5. No member of general public has filed any objection to the petition whereas respondent no. 2, son of deceased namely Sh. Akshay Sharma & respondent no. 3 namely Sh. Karan Sharma made statement as PW2 & PW3 to the effect that they had no objection to the grant of Succession Certificate in respect of debt and securities of the deceased in favour of the their mother/petitioner. PW2 filed proof of his identity in the form of election I Card Ex. PW2/1 & PW3 filed proof of his identity in the form of election I Card Ex. PW3/1.
6. To prove her case, petitioner namely Smt. Vandana Sharma examined herself as PW1. The official from Jai Prakash Associates Limited, Noida deposed as RW1. RW1 proved the statement of shares of said company in the name of deceased as Ex. RW1/A. He deposed that Anupam Sharma(deceased) is holding 50 physical share in folio number 2303377 and there is no nominee of the deceased namely Anupam Sharma in the said company. It is mentioned in statement Ex. RW1/A that the present value of one share of Jai Prakash Associates Limited on 16.7.2014 at 11:00 a.m. is approx Rs. 66.00/ per share. The official from Abhipra Capital Ltd. deposed as RW2. He proved the shares in the name of deceased Anupam Sharma and he also proved the stock valuation report dated 31.07.2014 in the name of of deceased Anupam Sharma as Ex. RW2/6. As per the said report, the value of shares is Rs. 1553788.45.
7. It is seen that petitioner (PW1) identified herself through his election I card Ex. PW1/7. She proved the copy of death SC35/14 Page No. 3/7 Smt. Vandana Sharma Vs. The State & Ors.
certificate of her husband as Ex. PW1/6. She also proved the death of mother of her husband as Mark A. She deposed that deceased made no will during his life time and died intestate.
8. Based on the deposition of PW1, RW1 & RW2, supported by the petition & statement made on 18.10.2014, coupled with the no objection of PW2 & PW3, there is no reason for the court to doubt that the petitioner is entitled to the issuance of a Succession Certificate qua the shares in question.
9. Since the last place of residence of the deceased is reflected to be within the territorial jurisdiction of this court, there is no bar to the grant of relief on the ground of jurisdiction.
10. The court finds no impediment to the grant of Succession Certificate to petitioner namely Smt. Vandana Sharma.
11. The present petition is allowed. It is directed that a Succession Certificate be issued in favour of petitioner namely Smt. Vandana Sharma in respect of shares of Jai Prakash Associates Ltd. mentioned in Ex. RW1/A having tentative value of Rs. 66.00 per share for 50 shares on 16.7.2014 at 11:00 a.m. & the shares of Abhipra Capital Ltd. mentioned in Ex. RW2/6 in the name of Late Sh. Anupam Sharma, showing the tentative value of Rs. 1553788.45.
Shares of Jai Prakash Associates Limited(mentioned in Ex. RW1/A), Value of one share of Jai Prakash Associates Limited on 16.7.2014 at 11:00 a.m. is approx Rs. 66.00 per share having client ID 2303377.
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Smt. Vandana Sharma Vs. The State & Ors.
Date Transfer No Balance Startdistno Startcertno From/To 12.03.2010 9151 50 1237383374 43459 9990000 Shares of Abhipra Capital Ltd.(Stock Valuation Report Dated 31.07.2014 Ex. RW2/6) having DP IDIN300206:
ISIN ISIN Balance Cl/Price Valuation Code Description INE079A AMBUJA Free 01024 CEMENTS Balance LIMITED EQ NEW F 20 206.4 4128 INE127A ESSAR Free 01021 STEEL Balance 150 INDIA LIMITED EQ NEW 10 1500 INE061F0 FORTIS Free 1013 HEALTH Balance CARE LIMITED EQ 81 117.9 9549.9 INE039A IFCI Free 01010 LIMITED EQ Balance 200 38.2 7640 INE455F0 JAIPRAKAS Free 1025 H Balance ASSOCIAT ES LIMITED EQ. 100 58.45 5845 INE018A LARSEN Free 01030 AND Balance TOURBRO LIMITED EQ NE 300 1502.9 450870 SC35/14 Page No. 5/7 Smt. Vandana Sharma Vs. The State & Ors.
ISIN ISIN Balance Cl/Price Valuation
Code Description
INE271B MAHARASH Free
01025 TRA Balance
SEAMLESS
LIMITED E 200 304.95 60990
INE882A MARAL Free
01013 OVERSEAS Balance
LIMITED EQ 100 23.4 2340
INE585B MARUTI Free
01010 SUZUKI Balance
INDIA
LIMITED EQ 150 2524.05 378607.5
INE013A RELIANCE Free
01015 CAPITAL Balance
LIMITED EQ 7 583.8 4086.6
INE330H RELIANCE Free
01018 COMMUNIC Balance
ATIONS
LIMITED 165 135.05 22283.25
INE002A RELIANCE Free
01018 INDUSTRIE Balance
S LIMITED
EQ 330 1006.45 332128.5
INE036A RELIANCE Free
01016 INFRASTR Balance
UCTURE
LIMITED 11 741.4 8155.4
INE614G RELIANCE Free
01033 POWER Balance
LIMITED
EQ. NEW R 68 92.5 6290
SC35/14 Page No. 6/7
Smt. Vandana Sharma Vs. The State & Ors.
ISIN ISIN Balance Cl/Price Valuation
Code Description
INE731F0 RMG Free
1037 ALLOY Balance
STEEL
LIMITEDEW
NEW R 50 4.07 203.5
INE586B TAJ GVK Free
01026 HOTELS & Balance
RESORTS
LIMITED EQ
NEW R 500 101.1 50550
INE081A TATA Free
01012 STEEL Balance
LIMITED EQ 202 553.4 111786.8
INE481G ULTRA Free
01011 TECH Balance
CEMENT
LIMITED EQ 40 2420.85 96834
12. Let requisite court fee and an indemnity bond with one surety of like amount be furnished within 15 days.
13. File be consigned to Record Room.
Announced in open Court.
Delhi Dated the 21.10.2014 This Judgment contains 7 pages and each paper is signed by me.
(DEVENDER KUMAR GARG) ACJcumCCJcumARC(E) KKD Courts, Delhi SC35/14 Page No. 7/7