Delhi District Court
Kamla And Others vs State on 18 July, 2022
IN THE COURT OF MS. RICHA SHARMA, ADMINISTRATIVE
CIVIL JUDGE-cum-COMMERCIAL CIVIL JUDGE-cum-
ADDITIONAL RENT CONTROLLER: NORTH-WEST DISTRICT:
ROHINI DISTRICT COURTS: DELHI
Succession Petition No. 103/2019
CNR No. DLNW030017522019
Date of Institution : 13.01.2020
Date of Final Arguments : 18.07.2022
Date of Judgment : 18.07.2022
Final Order : Petition Allowed.
1. Smt. Kamala,
W/o Sh. Tukaram Patil,
R/o 987, Laxmi Bai Nagar, Delhi.
2. Mr. Pandit,
S/o Baliram Ramteke,
R/o Siddharth Nagar, Mothi Umri,
Tah & Dist. Akola Maharashtra-444005
3. Mr. Gokul,
S/o Baliram Ramteke,
R/o New Tar File,
Tah & Dist. Akola Maharashtra-444001
4. Mr. Narayan
S/o Baliram Ramteke,
R/o near Yogi Kirana, Shankar Nagar,
Tah & Dist. Akola Maharashtra-444003
5. Mr. Niranjan,
S/o Baliram Ramteke,
R/o Naigaon Road, New Tar File,
Tah & Dist. Akola Maharashtra-444001
SCC No. 103/2019 Page No. 1/9
Kamla and Others V/s State
6. Smt. Pushpa,
W/o Sh. Devdas Dupare,
R/o Behind Maratha Col Narsingh,
Saraswati Nagar, Tehsil & Distt. Amrawati,
Maharashtra-444607
7. Mrs. Sheela,
W/o Sh. Ravi Kumar Sharma,
R/o 213D, WP Block, Near Gopal Mandir,
Pitampura, N/W, Delhi-110034. ..........Petitioners
VERSUS
State ...........Respondent
JUDGMENT ON PETITION UNDER SECTION 372 OF THE INDIAN SUCCESSION ACT
1. The present petition has been filed by the petitioners under Section 372 of Indian Succession Act, 1925 seeking issuance of succession certificate in respect of debts/securities etc. left by Smt. Leela D/o Sh. Baliram Ramteke (hereinafter referred to as 'deceased') i.e. Term Deposit Account No. 31798042963, Term Deposit account No. 30190399715, Term deposit Account No. 30807619250, Term deposit Account No. 35413490780, Savings account No. 30122586117 with State Bank of India, Pitam Pura Branch and Account No. 501478237, ICICI Bank, Janak Puri Branch, Delhi, Savings Bank Account No. 3814462675 with Post Office, Maurya Enclave, S.O. Delhi and Time Deposit Account No. 4081707674 in Sub Post Office Maurya Enclave.
2. As per the petition, the petitioners are the real brothers and sisters of the deceased Smt. Leela. It is stated, that the deceased was a retired SCC No. 103/2019 Page No. 2/9 Kamla and Others V/s State employee of MTNL/BSNL. It is stated, that Smt. Leela was a minor when she got married with one Sh. Keshav Ram, who died within six months of the marriage and Smt. Leela remained unmarried thereafter till her death in 2018. It is stated, that no details of Late Keshav Ram or his family were made available or declared by Late Smt. Leela Baliram Reamteke and reference of her late husband is in pension book, Aadhar Card, Election Card, service record, PAN Card and all deposit accounts and the documents of immovable properties. Smt. Leela joined MTNL as an employee on 06.01.1973, and retired from service on 30.04.2007. It is stated, that Smt. Leela died on 27.08.2018, due to shock of untimely death of her younger sister Smt. Vimal Baliram Ramteke. The ordinarily place of residence of the deceased is stated to be at 213-C, Block WP, 2 nd Floor, LIG Flats, Pitampura, Delhi-110034. The petitioners being the real brothers and sisters of the deceased are stated to be the legal heirs of the deceased. It is stated, that there is no impediment to the grant of succession certificate in favour of petitioners under the Succession Act.
3. Notice was then issued and general public was served through publication in daily newspaper 'Virat Vaibhav', Hindi edition dated 08.01.2020, to invite objections from the public at large to the grant of succession certificate to the petitioners. However, none appeared from general public to oppose or contest the present petition.
4. A report regarding LRs of deceased has also been received from the concerned Tehsildar, Saraswati Vihar, as per which Kamla (sister), Niranjan (brother), Pandit (brother), Narayan (brother), Gokul SCC No. 103/2019 Page No. 3/9 Kamla and Others V/s State (brother), Pushpa (sister) and Sheela (sister) are the legal heir of the deceased Ms. Leela Ramteke and Ms. Vimal Ramteke.
5. During the summary proceedings conducted as per Section 373 of the Indian Succession Act,1925, the petitioner examined only one witness.
6. As PW-1 Shri Narayan i.e. the petitioner no. 4 tendered his evidence by way of affidavit i.e. Ex. PW1/A testifying, that he is brother of the deceased Smt. Leela and Vimal and no Will was executed by his sister Smt. Leela in respect of the assets i.e. FDR No. 31798042963, FDR No. 30190399715, FDR No. 30807619250, FDR No. 35413490780 and account No. 30122586117 with State Bank of India, Pitam Pura Branch and ID No. 501478237, Account No. 008701021467 of ICICI Bank and Account No. 3814462675 of Post Office and Account No. 4081707674 of Post Office. He further testified, that there are no other Class-I legal heirs of the deceased except himself, Smt Kamala (sister/ petitioner no. 1), Mr. Pandit (brother/ petitioner no. 2), Mr. Gokul (brother/ petitioner no. 3), Mr. Niranjan (brother/ petitioner no. 5), Smt. Pushpa (sister/ petitioner no. 6) and Mrs. Sheela (sister/ petitioner no. 7). He further testified, that the husband of his sister Leela had expired long time ago and no children were born from the said wedlock and the whereabouts of the LRs of the husband of his sister are not known. He further testified, that the nominee of his sister Leela i.e. Smt. Vimal has already expired. He relied on the following documents:
SCC No. 103/2019 Page No. 4/9Kamla and Others V/s State Sr. Nature of documents Exhibited as No.
1. copy of death certificate of Smt. Ex.PW1/1 Leela
2. copy of death certificate of Smt. Ex. PW1/2 Vimal D/o Baliram Ramteke
3. copy of General Power of Attorney Ex. PW1/3 executed by remaining petitioners in his favour
4. copy of the Pension Payment Ex. PW1/4 Order/service record of Smt. Leela
5. copy of SBI FDR bearing No. Ex. PW1/5 31798042963
6. copy of SBI FDR bearing No. Ex. PW1/6 30190399715
7. copy of SBI FDR bearing No. Ex. PW1/7 30807619250
8. copy of SBI FDR bearing No. Ex. PW1/8 35413490780
9. copy of first page of bank passbook Ex. PW1/8-A of account No. 30122586117 with State Bank of India, Pitam Pura Branch
10. copy of first page of bank passbook Ex. PW1/9 of ID No. 501478237/ Account No. 008701021467 of ICICI Bank
11. copy of passbook of account No. Ex. PW1/10 3814462675 of Post Office
12. copy of passbook of account No. Ex. PW1/11 SCC No. 103/2019 Page No. 5/9 Kamla and Others V/s State 4081707674 of Post Office
13. report of official of SBI with Ex. PW1/12 certificate under Section 65-B of Indian Evidence Act
14. report of Post Master Ex. PW1/14
15. copy of death certificates of his Ex. PW1/15 mother Shanta Bai
16. copy of death certificates of his father Ex. PW1/16 Sh. Bali Ram Ramteke
17. publication report in the Newspaper Ex. PW1/17 Virat Vaibhav
7. Thereafter, PE was completed and the matter was listed for final arguments.
8. Final arguments were then advanced by Ld. Counsel for petitioners who also filed written synopsis, which have been duly considered with material on record.
9. From the material on record i.e. the copy of the death certificate i.e. Ex. PW1/1, it stands proved, that the deceased Ms. Leela expired on 27.08.2018, at which time he was ordinarily resident of 213-C, Block WP, 2nd Floor, LIG Flats, Pitampura, Delhi-110034, which confers the territorial jurisdiction of this court. As per the LR report received from the concerned Tehsildar, it is brought on record that the deceased left behind Kamala (sister), Niranjan (brother), Pandit (brother), Narayan (brother), Gokul (brother), Pushpa (sister) and Sheela (sister) as her legal heirs.
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10.It is pertinent to mention here, that vide his statement dated 18.07.2022, the Ld. Counsel for the petitioner clarified, that the petitioner is not willing to claim any amount with respect to the pension account of the deceased i.e. Account bearing No. PP024199 (copy of which is exhibited as Ex. PW1/4) in the name of deceased Smt. Leela Baliram Ramteke.
11.From the documents placed on record by the petitioner, it has been brought on record, that the following amounts are available in different accounts in the name of the deceased:
a) An amount of Rs. 10,18,065.00 in SBI FDR bearing No. 31798042963 as per document Ex. PW1/5,
b) An amount of Rs. 11,97,315.00 in SBI FDR bearing No. 30190399715 as per document Ex. PW1/6,
c) An amount of Rs. 8,79,053.00 in SBI FDR bearing No. 30807619250 as per document Ex. PW1/7,
d) An amount of Rs. 12,51,015.00 in SBI FDR bearing No. 35413490780 as per document Ex. PW1/8,
e) An amount of Rs. 10,76,986.45 in account No. 30122586117 with State Bank of India, Pitam Pura Branch as per document Ex. PW1/8-A
f) An amount of Rs. 2,58,036.00 in account having ID No. 501478237/ Account No. 008701021467 of ICICI Bank as per document Ex. PW1/9
g) An amount of Rs. 529/- in account No. 3814462675 of Post Office as per document Ex. PW1/10.
12.Thus, considering that the petitioner is one of the legal heir of the SCC No. 103/2019 Page No. 7/9 Kamla and Others V/s State deceased being her sister and further considering, that the remaining legal heirs have already given NOC in favour of the petitioner, the petitioner is held entitled to succession Certificate in respect of the following amounts alongwith accrued interest, if any, in the name of the deceased:
a) Amount of Rs. 10,18,065.00 in SBI FDR bearing No. 31798042963,
b) Amount of Rs. 11,97,315.00 in SBI FDR bearing No. 30190399715,
c) Amount of Rs. 8,79,053.00 in SBI FDR bearing No. 30807619250,
d) Amount of Rs. 12,51,015.00 in SBI FDR bearing No. 35413490780,
e) Amount of Rs. 10,76,986.45 in account No. 30122586117 with State Bank of India, Pitam Pura Branch,
f) Amount of Rs. 2,58,036.00 in account having ID No. 501478237/ Account No. 008701021467 of ICICI Bank,
g) Amount of Rs. 529/- in account No. 3814462675 of Post Office.
13.The succession certificate be issued in favour of the petitioner on furnishing of an Indemnity Bond of the same value with one surety of like amount within one month from today. Petitioner to file court fees in terms of Article 12 Schedule 1 of the Court Fees Act as applicable to Delhi for issuance of succession certificate.
14.It is clarified, that succession certificate shall be considered only as an entitlement of the petitioner to receive the amount due towards SCC No. 103/2019 Page No. 8/9 Kamla and Others V/s State Late Smt. Leela from concerned department so as to discharge the debtor.
15.File be consigned to the record room after completing necessary formalities.
Announced in the Open Court today i.e. on 18.07.2022.
(Richa Sharma) ACJ-cum-CCJ-cum-ARC/North-West District Rohini District Courts/ Delhi SCC No. 103/2019 Page No. 9/9 Kamla and Others V/s State