Delhi District Court
Smt. Arti vs State Of N.C.T. Of Delhi on 26 February, 2013
IN THE COURT OF SH. SUMIT DASS, ADMINISTRATIVE
CIVIL JUDGE-CUM-ADDITIONAL RENT CONTROLLER
(NORTH-EAST), KARKARDOOMA COURTS, DELHI.
SC No.63/12
Unique Case ID No.:- 02402C0238272012
In the matter of :-
Smt. Arti
D/o Late Sh. Daya Shankar,
R/o H. No.A2/123, A-2,
Block Nand Nagri,
Delhi. ....Petitioner
Versus
1. State of N.C.T. of Delhi.
2. Smt. Anita
W/o Sh. Murat Singh,
R/o H. No.B-1/486, Nand Nagri,
Delhi.
3. Smt. Kiran
W/o Sh. Naveen Kaushal,
R/o H. No.2104, Sadar Bazar,
Nala Road,
Delhi - 110 006. ....Respondents
PETITION FOR GRANT OF SUCCESSION CERTIFICATE UNDER
SECTION 372 OF THE INDIAN SUCCESSION ACT, 1925
Date of Institution of the Petition : 14/08/2012
Date on which Judgment was reserved : 26/02/2013
Date of Judgment : 26/02/2013
JUDGMENT :-
1. This is a succession petition filed by the petitioner Smt. Arti SC No.63/12 Page 1 of 4 D/o Late Sh. Daya Shankar for grant of Succession Certificate in her favour, in respect of debts and securities left behind by her father Sh. Daya Shankar, who had died on 16.10.2005 at his residence bearing No.A-2/123, A-2 Block, Nand Nagri, Delhi and deceased father Sh. Daya Shankar was ordinarily residing at the aforesaid address i.e., A-2/123, A-2 Block, Nand Nagri, Delhi. The mother of the petitioner namely Smt. Rupa Devi died on 09/02/2010 at her aforesaid residence bearing No. A-2/123, A-2 Block, Nand Nagri, Delhi, the death certificate of Smt. Rupa Devi is Ex. PW 1 / B.
2. Apart from petitioner deceased Sh. Daya Shankar and Smt. Rupa Devi have left behind two daughters namely Smt. Kiran and Smt. Anita and there is no other Class I or Class II legal heirs/survivors and they have filed their no objection certificate-cum-affidavit in favour of petitioner.
3. After filing of this petition, notice of filing of this petition was given to the general public by way of publication in the newspaper in 'Mahamedha' dated 31.10.2012, but none has appeared from general public to oppose or contest the present petition.
4. In support of her case petitioner examined herself as PW 1, Anita the Respondent no.2, Kiran, the Respondent no.3 and they have given their NOCs and formal statement was recorded. Petitioner also examined Sh. Prakash Mohan Sharma, Teller, Bank of Baroda, Branch Mandoli, Delhi - 110 093 as PW 2 and Sh. Jagpal Singh, Public Relations Inspector, Nand Nagri A, Post Office, Delhi - 93 as PW 3.
5. In view of evidence on record I find that deceased Sh. Daya Shankar and Smt. Rupa Devi have left behind another two daughters namely Smt. Kiran and Smt. Anita and there is no other Class I or Class II legal heirs/survivors. Deceased Sh. Daya Shankar and Smt. SC No.63/12 Page 2 of 4 Rupa Devi have not executed any Will during their lifetime.
Deceased Smt. Rupa Devi had left behind Rs.3,74,595.60 Paise as on 08/02/2013 which is lying in the Saving Account bearing No. 06430100014653 (Old No.33030) with Bank of Baroda, Branch Mandoli, Delhi - 110 093, the said details are mentioned in the statement of account which is Ex. PW 2 / A .
Deceased Smt. Roopa Devi and Sh. Daya Shankar in their joint name had also left behind Rs.8,10,000/- in KVP bearing Registration No.2326 to KVP bearing No.2331 and KVP bearing Registration No. 2244 and KVP bearing Registration No.2254 with Post Office, Nand Nagri A, Delhi - 110 093.
Deceased Smt. Roopa Devi had also left behind Rs.32,452/- her in SB Account No. 4240927 with Post Office, Nand Nagri A, Delhi - 110 093.
The aforesaid details are mentioned in the Letter dt. 23/02/2013 issued by SPM, Nand Nagri Post Office, Delhi - 93 which is Ex. PW 3 / A.
6. Therefore, in view of the above, I am of the considered opinion that there is no impediment for grant of Succession Certificate in favour of petitioner of the debts and securities of deceased Sh. Daya Shankar and Roopa Devi. I, accordingly direct that a Succession Certificate be issued in favour of petitioner Smt. Arti D/o Late Sh. Daya Shankar i.e., Rs.3,74,595.60 Paise as on 08/02/2013 which is lying in the Saving Account bearing No.06430100014653 (Old No.33030) with Bank of Baroda, Branch Mandoli, Delhi - 110 093 in the name of Smt. Rupa Devi as per statement of account as per Ex. PW 2 / A. Rs.8,10,000/- in KVP bearing Registration No.2326 to KVP SC No.63/12 Page 3 of 4 bearing No.2331 and KVP bearing Registration No.2244 and KVP bearing Registration No.2254 with Post Office, Nand Nagri A, Delhi - 110 093 in joint name of Smt. Roopa Devi and Sh. Daya Shankar and Rs.32,452/- in SB Account No. 4240927 with Post Office, Nand Nagri A, Delhi - 110 093 in the name of Smt. Roopa Devi aforesaid details are mentioned in Letter dt. 23/02/2013 issued by SPM, Nand Nagri Post Office, Delhi - 93 as per Ex. PW 3 / A, along with interest if any, accrued thereon, on filing of requisite court fee and on furnishing an Indemnity Bond with one surety within 15 days.
No further orders is required to be passed in the matter. File be consigned to Record Room.
Announced in the open court (SUMIT DASS)
on 26/02/2013 ACJ/ARC (NE),
KKD COURTS, DELHI.
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