Delhi District Court
Smt. Shilpa Sharma vs State (Govt Of Nct Of Delhi) on 6 February, 2023
IN THE COURT OF SH. MAYANK MITTAL,
ACJ-CCJ-ARC(EAST), KARKARDOOMA COURTS,
DELHI
Petition No.: SC- 7/20
IN THE MATTER OF:
1. Smt. Shilpa Sharma
W/o Late Sh. Pankaj Bajaj,
R/o House no. 39,
Third floor, Silver Park,
Delhi-110051
2. Baby Prisha Bajaj
(Through her mother/natural guardian/
Legal Representative/next friend Smt.
Shilpa Sharma W/o Late Sh. Pankaj Bajaj) ... Petitioners
VERSUS
1. State (Govt of NCT of Delhi)
Through SDM,
Shahdara, Weaver Complex,
Nand Nagri, Delhi-110093
2. Aditya Birla Sun Life Insurance Co Ltd
At: Aditya Corporate Plaza, 2nd floor,
Plot no. 4, Community Center,
Karkardooma, Delhi-110092
Regd Office:-
G Corp Tech Park,
5th and AMP 6th floor, Kasar Wadavali,
Ghodbunder Road Thane,
Thane District Maharashtra- 400601
3. Reliance Nippon Life Insurance Co Ltd
At:-Reliance Life Insurance Company Ltd
403, 4th floor, Rishab Tower,
Community Centre, Karkardooma-110092
SC7/20
Page No. 1/6
Regd Office
H-Block, 1st floor,
Dhirubhai Ambani Knowledge City,
Navi Mumbai, Maharashtra-400710
4. Aegon Life Insurance Company Ltd
At:- Aegon Life, S-204, 2nd floor,
United Plaza, Plot no. 1, Community
Centre, Karkardooma,
Delhi-110092
Regd Office:-
Building no. 3, Third floor, Unit no.1,
Nesco IT Park, Western Express Highway,
Goregaun (East), Mumbai-400063
5. Axis Mutual Fund
At:- Axis Management Company Ltd.,
702-705, 7th floor, Narain Manzil,
Barakhamba Road, Connaught Place,
New Delhi-110001
6. LIC
Laxmi Nagar,
New Delhi-110092
7. UCO Bank
Delhi High Court Branch,
Delhi. ...Respondents
DATE OF INSTITUTION : 21.01.2020
DATE OF RESERVING THE ORDER : 02.02.2023
DATE OF DECISION : 06.02.2023
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. Shilpa Sharma and Baby Prisha Bajaj (hereinafter called petitioners) for a Succession Certificate in respect of mutual fund, LIC policy, saving account, SC7/20 Page No. 2/6 mutual fund, Group Term Life Insurance policy from, Group Term Life Insurance Policy form, Gratuity, Settlement sheet and PF, two policies and one policy maintained with Axis Mutual Funds, 314- 320, IIIrd floor, Narayan Manzil, Bharahkamba Road, Cannought Place, New Delhi, LIC, Laxmi Nagar, New Delhi, UCO Bank, Delhi High Court Branch, Delhi, Aditya Brila Sunlife Mutual Funds, 406-415, 4th floor, Narayan Manzil, Bharahkamba Road, Cannought Place, New Delhi, Genpact India Private Limited, Stellar Building, 3rd floor, Sector 135, Noida, U.P 201301, Reliance Nippon Life Insurance Co Ltd, 403, 4th floor, Rishab Tower, Community Centre, Karkardooma, Delhi-110092 and Aegon Life Insurance Company Ltd, A-201, 2nd floor, Leela Business Park, Andheri Kurla Road, Andheri East, Mumbai-400059 existing in the name of her deceased husband namely Late Sh. Pankaj Bajaj who is stated to be expired on 06.12.2019 in Delhi.
2. The petitioners are governed by Hindu Law.
3. The Notice of the present petition was given to the State by way of publication for the knowledge and awareness of general public in the newspaper 'Veer Arjun'. However, nobody from the general public has filed any objection to the present petition.
4. The officials from Axis Mutual Funds, 314-320, IIIrd floor, Narayan Manzil, Bharahkamba Road, Cannought Place, New Delhi, LIC, Laxmi Nagar, New Delhi, UCO Bank, Delhi High Court Branch, Delhi, Aditya Brila Sunlife Mutual Funds, 406-415, 4th floor, Narayan Manzil, Bharahkamba Road, Cannought Place, New Delhi, Genpact India Private Limited, Stellar Building, 3 rd floor, Sector 135, Noida, U.P 201301, Reliance Nippon Life SC7/20 Page No. 3/6 Insurance Co Ltd, 403, 4th floor, Rishab Tower, Community Centre, Karkardooma, Delhi-110092 and Aegon Life Insurance Company Ltd, A-201, 2nd floor, Leela Business Park, Andheri Kurla Road, Andheri East, Mumbai-400059 examined as RW-1 to RW-6 and RW-6.
5. To prove her case, the petitioner no.1 examined herself as PW1. It is seen that the petitioner no.1 proved the death of her deceased husband by producing copy of his death certificate is Ex PW-1/1. The copy of identity proof i.e Aadhar Card of petitioner no.1 is Ex PW-1/2. The copy of identity proof of petitioner no. 2 is Ex PW-1/3.
6. RW-1 Sh. Neeraj Archarya, Axis Mutual Funds, 314-320, IIIrd floor, Narayan Manzil, Bharahkamba Road, Cannought Place, New Delhi, RW-2 Sh. Rajender Singh, LIC, Laxmi Nagar, New Delhi, RW-3 Sh. Swetank Gupta, UCO Bank, Delhi High Court Branch, Delhi, RW-4 Sh. Yogesh Mahajan, Aditya Brila Sunlife Mutual Funds, 406-415, 4th floor, Narayan Manzil, Bharahkamba Road, Cannought Place, New Delhi, RW-5 Sh. Balram Sharma, Genpact India Private Limited, Stellar Building, 3 rd floor, Sector- 135, Noida, U.P 201301, RW-6 Smt. Megha Singhal, Reliance Nippon Life Insurance Co Ltd, 403, 4th floor, Rishab Tower, Community Centre, Karkardooma, Delhi-110092 and RW-6 Sh. Rajesh Kandari, Ld. counsel for the respondent no. 5 i.e Aegon Life Insurance Company Ltd, A-201, 2nd floor, Leela Business Park, Andheri Kurla Road, Andheri East, Mumbai-400059 and have filed a statement of mutual fund, LIC policy, saving account, mutual fund, Group Term Life Insurance policy from, Group Term Life Insurance Policy form, Gratuity, Settlement sheet and PF, two SC7/20 Page No. 4/6 policies and one policy pertaining to the account of deceased Late Sh. Pankaj Bajaj. The reply shows that a balance amount of Rs.1,78,574.32/-, Rs. 40,000/-, Rs. 1,65,752.03/-, Rs. Zero, Rs. 40,00,000/-, Rs.601100/-, Rs. 2,57,600/-, Rs. 18,202/-, Rs. 968955.92/-, Rs. 90,565.94/-, Rs. 44,987/- and Rs. 50,00,000/- are lying in the said accounts bearing folio and account numbers 90115071585, 121811917, 15530110089774, 1015715573, 35003901, 35004345, 19292505, 19292571 and 19292505 existing in the name of Late Sh. Pankaj Bajaj. The same is Ex RW-1/B, Ex RW-2/B, Ex. RW-3/B, Ex RW-4/B, Ex RW-5/B (colly 31 pages), Ex RW-6/B (colly 2 pages) and Ex RW-6/B (colly 11 pages).
7. Based on the deposition of PW1 and supported by the documents relating to the mutual fund, LIC policy, saving account, mutual fund, Group Term Life Insurance policy from, Group Term Life Insurance Policy form, Gratuity, Settlement sheet and PF, two policies and one policy existing in the name of deceased, there is no reason for the court to doubt that the petitioner is entitled to the issuance of a Succession Certificate qua the balance amount.
8. Since the last place of residence of the deceased namely Late Sh. Pankaj Bajaj 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.
9. The court finds no impediment to the grant of Succession Certificate to the petitioner.
10. Thus, the present petition is allowed and succession certificate is ordered to be issued in favour of the petitioner no.1 with respect to the amount of Rs.1,78,574.32/-, Rs. 40,000/-, Rs. SC7/20 Page No. 5/6 1,65,752.03/-, Rs. Zero, Rs. 40,00,000/-, Rs.601100/-, Rs. 2,57,600/-, Rs. 18,202/-, Rs. 968955.92/-, Rs. 90,565.94/-, Rs. 44,987/- and Rs. 50,00,000/- lying in mutual fund, LIC policy, saving account, mutual fund, Group Term Life Insurance policy from, Group Term Life Insurance Policy form, Gratuity, Settlement sheet and PF, two policies and one policy bearing folio and account numbers 90115071585, 121811917, 15530110089774, 1015715573, 35003901, 35004345, 19292505, 19292571 and 19292505 maintained with Axis Mutual Funds, 314-320, IIIrd floor, Narayan Manzil, Bharahkamba Road, Cannought Place, New Delhi, LIC, Laxmi Nagar, New Delhi, UCO Bank, Delhi High Court Branch, Delhi, Aditya Brila Sunlife Mutual Funds, 406-415, 4th floor, Narayan Manzil, Bharahkamba Road, Cannought Place, New Delhi, Genpact India Private Limited, Stellar Building, 3 rd floor, Sector-135, Noida, U.P 201301, Reliance Nippon Life Insurance Co Ltd, 403, 4th floor, Rishab Tower, Community Centre, Karkardooma, Delhi-110092 and Aegon Life Insurance Company Ltd, A-201, 2nd floor, Leela Business Park, Andheri Kurla Road, Andheri East, Mumbai-400059 and any future interest as may accrue and existing in the name of her deceased husband Late Sh. Pankaj Bajaj.
11. Let requisite court fee and an indemnity bond with one surety of like amount be furnished within 15 days.
12. File be consigned to Record Room.
Announced in open Court MAYANK MITTAL
Delhi Dated 06.02.2023 ACJ-CCJ-ARC(EAST)
KKD Courts/Delhi
SC7/20
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