Delhi District Court
Seema Mittal ( Aged 41 Years ) vs The State on 18 October, 2018
IN THE COURT OF SH. ANKIT SINGLA
ACJCUMARCCUMCCJ,
NORTH EAST DISTRICT: KARKARDOOMA COURTS, DELHI
SUCCESSION CASE NO 02/2018
CNR no.: DLNE03-002726-2016
1.Seema Mittal ( aged 41 years )
W/o Late Sh. Sandeep Mittal
2.Urvashi Mittal ( aged 21 years )
d/o Late Sh. Sandeep Mittal
3.Yashika Mittal ( aged 17 years)
d/o Late Sh. Sandeep Mittal
4 Sahil Mittal ( aged 15 years )
s/o Late Sh. Sandeep Mittal
Through natural guradian/mother
Smt. Seema Mittal
All R/o J-281/211-A,
gali no.10, Vijay Colony,
Kartar Nagar, Shastri Park,
Delhi-110053. .......PETITIONERS
Versus
1. The State
Through SDM Seelampur
Govt. of NCT of Delhi.
2. The Jammu and Kashmir Bank Ltd.
Registered office, Residency Road,
Srinagar ( J & K ), Pin - 190001
Also at Naveen Shahdara 1/1051
Babarpur Road, Rohtash Nagar,
Shahdara, Delhi110032
3 Karvy Computershare Pvt. Ltd.
SC No. 2/2018 Seema Mittal vs. State and ors Page no.1
Karvy Selenium Tower B
Plot no. 31 and 32, Gachibowli
Financial District, Nanakramguda,
Serilingampalluy, Hyderabad500032,
Telangana
Also At
305, New Delhi House
3d Floor, 27, Barakhamba Road,
Delhi110001. .......RESPONDENTS
PETITION FOR GRANT OF SUCCESSION CERTIFICATE UNDER
SECTION 372 OF THE INDIAN SUCCESSION ACT, 1925.
Date of institution of the petition : 06.01.2018
Date on which judgment was reserved : 18.10.2018
Date of pronouncement of judgment : 18.10.2018
Decision : Allowed
JUDGMENT
1. Petitioners have filed the present petition under Indian Succession Act, 1925 for grant of succession certificate with respect to securities and liabilities of late Sh. Sandeep Mittal.
2. The present petition has been filed for releasing the amount payable to deceased in respect of his shares holdings with M/s Karvy Computershare Private Limited.
3. This succession petition was filed in this court on 06.01.2018. Subsequently, besides service of notice of petition upon SC No. 2/2018 Seema Mittal vs. State and ors Page no.2 respondents, this Court also directed for publication of notice of succession petition in the any daily newspaper having circulation in the National Capital Territory of Delhi for inviting objection, if any, from general public. Notice of filing of succession petition was accordingly published in daily newspaper "Veer Arjun" in its issue dated 24.04.2018, but till date no objection to the grant of succession certificate in favour of the petitioners is received from general public.
4. Verification report from the office of SDM, Seelampur, Delhi was filed to the effect that petitioners are the only legal heirs of deceased.
5. Pursuant to summons issued to Karvy Computershare, Sh. S. N. Jha, Manager, Karvy Computershare Pvt. and Sh. Ravinder Kerni appeared and filed report Ex. R3 to the effect that deceased was having folio bearing no. JKB020684 and there are 1000 shares of Jammu and Kashmir Bank Ltd. in the name of deceased with market value of Rs.55.45 per share ( on as 31.08.2018).
6. Petitioner in his evidence relied upon the following documents:
Ex.P1 Copy of death certificate of deceased.
Mark P Publication report.
Ex.RW1/A Report of the concerned SDM.
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Ex. P2 Report from J&K Bank.
Ex.R3 Report from Karvy Computers.
Ex.P4 Copy of aadhaar card.
7. I have heard ld. counsel for the petitioner and have carefully perused the record.
8. Before moving further, I must mention here the relevant law based on which petitions of like nature have to be decided.
"Section 373 subsection (3) of the Indian Succession Act, 1925 provides: 'If the Judge cannot decide the right to the certificate without determining questions of law or fact which seem to be too intricate and difficult for determination in a summary proceedings, he may nevertheless grant a certificate to the petitioner if he appears to be the person having prima facie the best title thereto."
9. Aforesaid, provision, therefore, says that succession certificate has to be given by the Court on the basis of "prima facie best title". Petitioners have to show that they have best title over the debts & Securities in question. Onus of proving the same, therefore, is not on the same platform as that of criminal law or civil law, it is less than that. So much, so even if there is dispute with regard to the SC No. 2/2018 Seema Mittal vs. State and ors Page no.4 right of petitioners claiming succession certificate, then also it is the broad/prima facie title which has to be seen. This is precisely for the reason the as the rights of the parties are not to be determined by the Court issuing the succession certificate.
10. From the averments made in the petition filed under section 372 of the Indian Succession Act, 1925, I find that there is no objection to the grant of succession certificate in favour of petitioners. Since, petitioners are the only legal heirs of deceased, there is no bar to grant succession certificate in favour of petitioners.
11. General public/legal representatives of deceased in question did not raise any objection pertaining to present application, despite publication in newspaper.
12. Petitioners are the residents of NorthEast Delhi and therefore, within the territorial jurisdiction of this Court. So, this petition was filed within proper jurisdiction. Petitioners have made proper parties and has not left any relevant party. Petitioners have claimed the debts and securities on the basis of official record, which is placed on record. Averments made in the petition were corroborated by the official record and not disputed by any of the respondents. No public person had raised any objection to the claim of petitioners.
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13. From the avernments, made in the petition and report of SDM filed before me, I find that there is no legal embargo for issuance of succession certificate in favour of the petitioner no.1 and 2 in respect shares holding of the deceased.
14. Accordingly, petition is allowed and succession certificate be issued to petitioner no.1 and no.2 in respect of 1/4 share each of the current market value of 1000 shares in the name of deceased Sh. Sandeep Mittal with Jammu and Kashmir bank Ltd. with folio no. JKB020684 on filing of requisite Court Fees in terms of Article 12, Schedule I of the Court Fee Act 1870 as applicable to Delhi alongwith their respective indemnity bonds with one surety in the like amount. Rest of the amount of market value of the aforesaid shares would be divided in two equal parts and two FDs thereof in favour of minor petitioner no.3 and 4 may be prepared. The petitioner no.1 would be at liberty to realize the interest of these FDs for raising petitioner no.3 and 4. The petitioner no.3 and 4 would be entitle to encash the FDs on attaining the age of majority.
18. File be consigned to Record Room after due compliance.
Announced in the open court (ANKIT SINGLA)
th
on 18 October, 2018 ACJcumARCcumCCJ
Digitally signed by
NorthEast District, KKD
ANKIT SINGLA Delhi.
ANKIT Location: North-
East,Karkardooma,
SINGLA Delhi
Date: 2018.10.20
14:52:31 +0530
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