Delhi District Court
Sukh Devi vs State (Nct Of Delhi) & Anr. " Page 1/6 on 19 February, 2021
IN THE COURT OF SH. ROHIT GULIA,
ADMINISTRATIVE CIVIL JUDGE(SOUTH),
SAKET COURTS, NEW DELHI
SUCCESSION CASE NO. 21/2020
1. Sukh Devi
W/o Late Ram Adhar Maurya @ Ram Adhar
R/o House No. 217-A, H-Block,
Gali No. 16 near Hira Public School,
Sangam Vihar, New Delhi.
2. Krishna Maurya
D/o Late Ram Adhar Maurya @ Ram Adhar
R/o H-17/460-B, Ground Floor,
Sangam Vihar, New Delhi.
3. Ram Baran Maurya
S/o Late Ram Adhar Maurya @ Ram Adhar
R/o House No. 217-A, H-Block,
Gali No. 16 near Hira Public School,
Sangam Vihar, New Delhi.
4. Sushila Maurya
W/o Sh. Om Prakash Maurya
D/o Late Ram Adhar Maurya @ Ram Adhar
R/o 56-A, F-2 Block,
Sangam Vihar, New Delhi.
5. Rekha Maurya
D/o Late Ram Adhar Maurya @ Ram Adhar
R/o B-257/5, Gali No. 7,
Ashok Nagar, Mandoli, Shahdara, Delhi. ...... Petitioners
Succession petition No. 21/2020 "Sukh Devi & Ors. Vs. State (NCT of Delhi) & Anr. " Page 1/6
Vs.
1. State (NCT of Delhi)
Through SDM South
New Delhi.
2. The Manager
Punjab & Sind Bank
Branch at:-
Guru Harkishan Public School
, At GHPS, Vasant Vihar,
New Delhi. .........Respondents
Application for grant of Succession Certificate U/S
372 of Indian Succession Act, 1925.
DATE OF INSTITUTION : 25.02.2020
DATE OF RESERVING ORDER : 17.02.2021
DATE OF PRONOUNCEMENT : 19.02.2021
JUDGMENT
1. Vide this judgment, I shall dispose of the present petition filed by petitioners, namely, Smt Sukh Devi, Ms. Krishna Maurya, Sh. Ram Baran Maurya, Smt. Sushila Maurya and Ms. Rekha Maurya for grant of succession certificate under section 372 of the Indian Succession Act, 1925 (hereinafter referred to as Succession petition No. 21/2020 "Sukh Devi & Ors. Vs. State (NCT of Delhi) & Anr. " Page 2/6 'the Act') in respect to debts/securities etc., of husband of petitioner no. 1 and father of petitioner no. 2 to 5, Late Ram Adhar Maurya @ Ram Adhar. The State and the bank with which the deceased was having an account have been impleaded as respondents.
2. The facts relevant for disposal of the present petition are that Sh. Ram Adhar Maurya @ Ram Adhar expired on 07.07.2019. Sh. Ram Adhar Maurya @ Ram Adhar is survived by his wife Smt. Sukh Devi as well as his four children, namely, Ms. Krishna Maurya, Sh. Ram Baran Maurya, Smt. Sushila Maurya and Ms. Rekha Maurya, who are petitioner no. 2 to 5 in the present petition. Further, petitioner no. 2 to 5 have given their joint statement before the Court that they have "No Objection" if the succession certificate is granted in favour of their mother Smt. Sukh Devi i.e. petitioner no. 1 herein. It has been further stated on behalf of the petitioners that there is no impediment under the provision of the Act in the grant of succession certificate in favour of the petitioners in respect of the following:-
DEBTS AND SECURITIES OF DECEASED LATE RAM ADHAR MAURYA @ RAM ADHAR (A) Amount lying in the saving bank account bearing no. 09051000000710 held in the name of deceased Late Ram Adhar Maurya @ Ram Adhar with Punjab & Sind Bank, GHPS, Vasant Vihar, New Delhi having balance of Rs.
4,25,493.74.
3. A notice of the petition was published in the daily newspaper "Veer Arjun" on 24.09.2020 inviting objections on Succession petition No. 21/2020 "Sukh Devi & Ors. Vs. State (NCT of Delhi) & Anr. " Page 3/6 behalf of general public to the grant of succession certificate in favour of the applicants / petitioners, but none appeared on 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 applicants / petitioners.
4. Respondent no. 2 Ms. Krishna Maurya, respondent no. 3 Sh. Ram Baran Maurya, respondent no. 4 Smt. Sushila Maurya and respondent no. 5 Ms. Rekha Maurya appeared before the Court and deposed that they are the children of deceased Late Ram Adhar Maurya @ Ram Adhar. They further deposed that they have no objection, if the succession certificate is granted in favour of their mother Smt. Sukh Devi i.e. petitioner no. 1. The photocopies of their aadhar cards are Ex.P1 to Ex.P4.
5. Smt. Sukh Devi appeared through Video Conferencing and tendered her affidavit as Ex.PW1/A. She corroborated the contents of Ex.PW1/A and relied upon the following documents:-
(i) The death certificate and photocopy of aadhar card of deceased Late Ram Adhar Maurya @ Ram Adhar are Ex.PW1/A to Ex.PW1/B.
(ii) Photocopies of aadhar card of petitioner no. 1 to 5 are Ex.PW1/C to Ex.PW1/G respectively.
(iii) Affidavits regarding no objection of petitioner no. 2 to 5 are Ex.PW1/H to Ex.PW1/K.
(iv) Copy of passbook bearing SB account no.
09051000000710 with Punjab & Sind Bank, GHPS, Vasant Vihar, New Delhi is Ex.PW1/L. Succession petition No. 21/2020 "Sukh Devi & Ors. Vs. State (NCT of Delhi) & Anr. " Page 4/6
6. I have heard the arguments on behalf of the petitioners and gone through the entire material available on record.
7. From the perusal of the testimony of petitioner no. 1 and all the documents tendered into evidence and relied upon by her, it is clear from Ex.PW1/A that Ram Adhar Maurya @ Ram Adhar expired on 07.07.2019. Perusal of record reveals that the deceased Late Ram Adhar Maurya @ Ram Adhar is survived by petitioner no. 1 to 5. However, petitioner no. 2 to 5 have given their no objection in the form of affidavits to the grant of succession certificate in favour of petitioner no. 1.
8. The aforesaid claim of the petitioners has gone un- rebutted and nobody appeared on behalf of public at large to contest the aforesaid claim of the petitioners. There is also no impediment under section 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.
9. In view of above, I hold that the petitioner no. 1 Smt. Sukh Devi is entitled for the grant of Succession Certificate under section 373 of the Act in respect of debts and securities.
10. Accordingly, Succession Certificate be issued to petitioner no. 1 Smt. Sukh Devi on filing of court fee as prescribed in terms of Article 12 Schedule 1 of the court fee Act Succession petition No. 21/2020 "Sukh Devi & Ors. Vs. State (NCT of Delhi) & Anr. " Page 5/6 1870 as applicable to Delhi and an indemnity and surety bond in the like amount for the value of debts and securities as detailed in the petition as on the date of filing of petition.
11 File be consigned to Record Room.
Announced in open court (ROHIT GULIA)
on 19.02.2021 Administrative Civil Judge (South),
Saket Courts, New Delhi
Succession petition No. 21/2020 "Sukh Devi & Ors. Vs. State (NCT of Delhi) & Anr. " Page 6/6