Delhi District Court
Ms. Krishna Mittal vs State on 27 April, 2019
: IN THE COURT OF SACHIN SANGWAN
ADDITIONAL RENT CONTROLLER (SOUTH):
COURT ROOM NO. 204, SAKET COURTS: NEW DELHI
SUCCESSION CASE NO. 45/2018
Ms. Krishna Mittal,
W/o late Sh. Rajesh Kumar Mittal,
R/o 166, Anupam Apartments,
DDA Flats, Saidulas, Maidan Garhi,
IGNOU, Delhi68
......... Petitioner
Vs.
State
............Respondent
Application for grant of Succession Certificate U/S 372 of
Indian Succession Act, 1925.
DATE OF INSTITUTION : 26.04.2018
DATE OF RESERVING ORDER : 23.03.2019
DATE OF PRONOUNCEMENT : 27.04.2019
JUDGMENT
1. Vide this judgment, I shall dispose off the petition filed by the petitioner Ms Krishna Mittal for the grant of a succession certificate under section 372 of the Indian Succession Act, 1925 (hereinafter referred to as ' the Act') in respect to debt/securities etc., of Late Sh. Rajesh Kumar Mittal.
2. The facts relevant for the disposal of the present petition are that Sh.
Rajesh Kumar Mittal, husband of the petitioner, expired on 28.11.2016. It has further been stated that deceased had acquired some share holdings and particulars of shares in respect of which, succession certificate is prayed are given below :
Sr Company Folio No./ Certificate Distinctive no. Total value Succession No. 45/2018 Ms. Krishna Mittal Vs State Page 1/5 No. no. of Shares no.
1 Mangalore 0409497 2442499 375922051 Rs.21520/
Refinery and / 375922150
Petrochemicals Total 200
Ltd shares 409659 258324301
258324400
2 Reliance 71028844 52889677 1241171550 Rs.187600/
Industries Ltd / 1241171559
total 240 62240313 2187983339
shares 2187983398
66437988 6856298559
6856298678
14768332 394193525
394193529
14768331 394193500
394193524
3 Reliance 107539395 / 016249675 0216181991 Rs.1842/
Infrastructure Ltd 4 shares 0216181994
4 Reliance Capital 107539395/ 016670559 0226625915 Rs.1302/
3 shares 0226625917
5 Reliance Home 107539395 00308506 0484489459 Rs.191/
Finance / 0484489461
3 shares
3. It is claimed that petitioner is one of the legal heir/ representative of deceased alongwith Seema Mittal and Pankaj Mittal, children of deceased / petitioner. It is further stated that aforesaid children of deceased have relinquished their rights in the above share holdings acquired by deceased and are devolved upon the petitioner. As per petitioner, there is no impediment under the provision of the Act in the grant of succession certificate in her favour.
4. A notice of the petition was published in the daily newspaper ''The Statesman and Veer Arjun" on 11.06.2018 & 26.05.2018 respectively inviting objections on behalf of general public to the grant of succession certificate in favour of the applicant / petitioner, but none had appeared on Succession No. 45/2018 Ms. Krishna Mittal Vs State Page 2/5 behalf of the public at large on the day of hearing fixed to contest / oppose or raise any objection to the grant of the succession certificate in favour of the applicant / petitioner.
5. On 05.09.2018, petitioner has filed a communication dated 18.07.2018 received from Karvy Computershare regarding shares of Reliance Industries Ltd. As per said communication, it is confirmed that following shares of Reliance Industries Ltd are in favour of Mr Rajesh Kumar Mittal : Folio No. Name and add of Distinctive no. Certificate Qty Remarks holder no.
071028844 Rajesh Kumar Mittal 394193500529 14768331 30 Base shares Flat No.166 SFS 332 Anupam Apartments 1241171530 52889676 30 Bonus declared Mehruali Badrapur 559 677 during 1997 Road, Saket New Delhi 68 2187983339 62240313 60 Bonus declared 398 during 2009 6856298559 66437988 120 Bonus declared 678 during 2017
6. The petitioner was examined as PW1 who deposed on the lines of the facts as averred in her petition. She had relied upon the following documents:
a) death certificate of deceased as Ex.PW1/1
b) copies of share certificates of Mangalore Refinery and Petrochemicals Ltd as Ex.PW1/2 (colly) (OSR)
c) copies of share certificates of Reliance Industries as Ex.PW1/3 (colly) (OSR)
d) copies of share certificates of Reliance Infrastructure Ltd as Ex.PW1/4 (OSR)
e) copies of share certificates of Reliance Capital as Ex.PW1/5 (OSR)
f) copies of share certificates of Reliance Home Finance as Ex.PW1/6 (OSR)
g) copies of stock price dated 25.04.2018 extracted from BSE website alongwith certificate u/s 65B of the Indian Evidence Act as Ex.PW1/7 (colly) Succession No. 45/2018 Ms. Krishna Mittal Vs State Page 3/5
h) copy of aadhar card of deponent as Ex.PW1/8 (OSR)
i) copies of aadhar card of two children of deponent as Mark A (colly)
j) relinquishment deed executed by two children of deponent in her favour as Ex.PW1/9
k) system generated surviving member certificate as Ex.PW1/10 (document is not mentioned in the affidavit)
7. The death certificate Ex.PW1/1 reflects that deceased Sh. Rajesh Kumar Mittal expired on 28.11.2016. Further, the relinquishment deed Ex.PW1/9 executed by two children of petitioner / deceased namely Pankaj Mittal and Seema Mittal shows that they have relinquished their rights in regard to shares in favour of their mother Smt Krishna Mittal.
8. PW1 tendered her evidence by way of affidavit Ex.PW1/1 wherein she has given the details of shares and their rates as extraced from BSE website. Same are given below :
Sr Company Folio No./ Certificate Distinctive Value of Total value No. no. of no. no. each share Shares on 25.04.18 1 Mangalore 0409497 2442499 375922051 107.25 Rs.21450/ Refinery / 375922150 and Total 200 Petrochemic shares 409659 258324301 als Ltd 258324400 2 Reliance 71028844 52889677 1241171550 972.55 Rs.2,33,412/ Industries / 1241171559 Ltd total 240 62240313 2187983339 shares 2187983398 66437988 6856298559 6856298678 14768332 394193525 394193529 14768331 394193500 394193524 3 Reliance 107539395 016249675 0216181991 439 Rs.1756/ Infrastructur / 0216181994 e Ltd 4 shares Succession No. 45/2018 Ms. Krishna Mittal Vs State Page 4/5 4 Reliance 107539395 016670559 0226625915 423 Rs.1269/ Capital / 0226625917 3 shares 5 Reliance 107539395 00308506 0484489459 62 Rs.186/ Home / 0484489461 Finance 3 shares
9. The aforesaid claim of the petitioner have gone unrebutted and nobody appeared on behalf of public at large to contest the aforesaid claim of the petitioner. There is also no impediment U/S 370 of the Act to grant of Succession Certificate with respect to debts/securities as mentioned above. Therefore, I deem it fit to allow the petition. Accordingly, the petition is hereby allowed.
10. In view of above, I hold that the petitioner Ms. Krishna Mittal, W/o late Sh. Rajesh Kumar Mittal is entitled for the grant of Succession Certificate U/S 372 of the Act in respect of debts and securities as mentioned above in paragraph no.8. It is however, clarified that rights and interest of legal heirs of deceased late Sh. Rajesh Kumar Mittal, interse, is not decided vide this order which is confined to issuance of succession certificate only.
11. Accordingly, Succession Certificate be issued to Ms. Krishna Mittal, W/o late Sh. Rajesh Kumar Mittal on filing of court fee as prescribed in terms of Article 12 Schedule 1 of the court fee Act 1870 as applicable to Delhi and an Indemnity Bond with one surety in the like amount for the value of debts and securities as detailed herein above.
12. File be consigned to Record Room after due compliance.
Announced in the open court (Sachin Sangwan)
on 27.04.2019 Administrative Civil Judgecum
Additional Rent Controllercum
Digitally signed by
SACHIN SACHIN
SANGWAN
Commercial Civil Judge: (South):
SANGWAN Date: 2019.04.27
14:59:44 +0530
Saket District Courts: New Delhi
Succession No. 45/2018 Ms. Krishna Mittal Vs State Page 5/5