Delhi District Court
Mamta Malhotra vs The State & Ors. on 11 August, 2023
In the Court of Ms. Paridhi Sharma, Administrative Civil Judgecum
Commercial Cases JudgecumAdditional Rent Controller, South West
District, Dwarka Courts, New Delhi
CNR No. : DLSW030015022023
Under Section : 372 of The Indian Succession Act, 1925
Mamta Malhotra versus The State & Ors.
a) Succession Court Case No. : 95/2023
b) Name & address of the : Mamta Malhotra,
petitioner W/o Late Sh. Kailash Malhotra,
R/o B906, Pragati Apartment,
Plot No. 5C, Sector11,
Dwarka, Sector6, S.O.
Dwarka, South West Delhi,
New Delhi110075.
c) Name & address of the : 1. The State
respondents (Govt. NCT of Delhi)
Through Sub Divisional Magistrate,
Dwarka,
DisttSouth West
At Sector 10, Dwarka,
New Delhi110075.
2. Kotak Securities Ltd.,
At 8th Floor, Kotak Tower,
Building no. 21, Infinity Park,
Off Western Express Highway,
Succession Court Case No. 95/2023 Mamta Malhotra v. The State & Ors. Page 1 of 8
Gen. A.K. Vaidya Marg,
Malad (E), Mumbai400097.
3. Tanuj Malhotra,
S/o Late Sh. Kailash Malhotra,
R/o B906, Pragati Apartment,
Plot No. 5C, Sector11,
Dwarka, Sector6, S.O.
Dwarka, South West Delhi,
New Delhi110075.
4. Chandni Malhotra,
D/o Late Sh. Kailash Malhotra,
R/o B906, Pragati Apartment,
Plot No. 5C, Sector11,
Dwarka, Sector6, S.O.
Dwarka, South West Delhi,
New Delhi110075.
Date of Institution : 20.05.2023
Final arguments heard on : 11.08.2023
Judgment pronounced on : 11.08.2023
Petition under section 372 of The Indian Succession Act, 1925 for grant of
succession certificate in respect of the debts & securities of deceased,
Kailash Malhotra.
JUDGEMENT
1. The present petition has been filed by petitioner for grant of succession certificate under section 372 of Indian Succession Act, 1925 Succession Court Case No. 95/2023 Mamta Malhotra v. The State & Ors. Page 2 of 8 (hereinafter referred to as the "Act"), in respect of debts and securities of deceased, Kailash Malhotra.
2. Factual Matrix: The case of the petitioner is that petitioner is the wife of the deceased. It is averred that deceased, Kailash Malhotra died on 19.02.2023. It is further averred that the deceased was a resident of House No. R/o B906, Pragati Apartment, Plot No. 5C, Sector11, Dwarka, Sector6, S.O. Dwarka, South West Delhi, New Delhi110075, which falls within the jurisdiction of this court. Further, it is averred that the deceased was survived by three legal heirs that is, petitioner (wife of the deceased), respondent no. 3 (son of the deceased) and respondent no. 4 (daughter of the deceased). The petitioner has approached this court with the instant petition seeking grant of succession certificate in respect of holdings/shares lying in Demat account bearing DP ID:IN300214 vide client ID 30993473, in the name of the deceased and maintained with Kotak Securities Ltd. having office at At 8 th Floor, Kotak Tower, Building no. 21, Infinity Park, Off Western Express Highway, Gen. A.K. Vaidya Marg, Malad (E), Mumbai400097.
3. Summoning of respondents and chain of subsequent events:
Notice of the petition was ordered to be published in newspaper and accordingly, publication was done in newspaper titled as "Veer Arjun" dated 10.07.2023, but none appeared on behalf of public at large, to raise any objection to grant of succession certificate in favour of petitioner.Succession Court Case No. 95/2023 Mamta Malhotra v. The State & Ors. Page 3 of 8
4. Pursuant to the notice, respondents no. 3 & 4 appeared before the court and submitted that they have no objection to the grant of succession certificate in favour of the petitioner. They filed their affidavitscumno objection certificates in this regard.
5. Petitioner filed net asset value of holdings lying in Demat account bearing DP ID:IN300214 vide client ID 30993473, in the name of the deceased and maintained with Kotak Securities Ltd. having office at At 8 th Floor, Kotak Tower, Building no. 21, Infinity Park, Off Western Express Highway, Gen. A.K. Vaidya Marg, Malad (E), Mumbai400097. As per the valuation chart, the total net asset value of the holdings is Rs. 46,55,048.76/ as on 08.05.2023.
6. Evidence adduced by the petitioner: Petitioner got herself examined as a witness i.e. PW1 and tendered her evidence by way of an affidavit which is Ex. PW1/A. PW1 relied on the following documents: i. downloaded copy of death certificate of deceased, Kailash Malhotra is Ex. PW1/1.
ii. downloaded copy of Surviving Member Certificate is Ex. PW1/2.
iii. copy of her Aadhar Card is Ex. PW1/3 (OSR).
iv. copy of Aadhar Card of respondent no. 3 is Ex. PW1/4 (OSR).
v. copy of Aadhar Card of respondent no. 4 is Mark X instead of Ex. PW
1/5 as mentioned in evidence affidavit.
vi. statement of Demat account bearing DP ID:IN300214 vide client ID
30993473 in respect of holdings in the name of the deceased and maintained with Kotak Securities Ltd. is Ex. PW1/6.
Succession Court Case No. 95/2023 Mamta Malhotra v. The State & Ors. Page 4 of 8vii. certificate u/s 65 B of The Indian Evidence Act in respect of computer generated copy of statement of demat account is Ex. PW1/7.
7. PW1 deposed that mother of the deceased predeceased the deceased. PW1 averred that she seeks succession certificate for amount of Rs. 46,55,048.76/ lying in demat account bearing DP ID:IN300214 vide client ID 30993473 in respect of holdings in the name of the deceased.
8. Thereafter, petitioner's evidence was closed and final arguments were heard.
9. Arguments, Appreciation of Evidence and Reasons: I have heard learned counsel for the petitioners, perused the material placed on record and considered the submissions advanced.
10. In Madhvi Amma Bhawani Amma & Ors. v. Kunjikutty Pillai Meenakshi, AIR 2000 SC 2301, 2000 (3) ALT 35 SC, 2001 (49) BLJR 813, it was held as under:
" The enquiry in proceedings for grant of succession certificate is to be summary, and the Court, without determining questions of law or fact, which seem to it to be too intricate and difficult for determination, Succession Court Case No. 95/2023 Mamta Malhotra v. The State & Ors. Page 5 of 8 should grant the certificate to the person who appears to have prima facie the best title thereto. In such cases the Court has not to determine definitely and finally as to who has the best right to the estate. All that it is required to do is to hold a summary enquiry into the right to the certificate, with a view, on the one hand, to facilitate the collection of debts due to the deceased and prevent their being timebarred, owing (for instance) to dispute between the heirs inter se as to their preferential right to succession, and, on the other hand, to afford protection to the debtors by appointing a representative of the deceased and authorising him to give a valid discharge for the debt. The grant of a certificate to a person does not give him an absolute right to the debt nor does it bar a regular suit for adjustment of the claims of the heirs inter se".
11. From the oral and documentary evidence on record, prima facie findings are as under:
a) The deceased was the resident of House No. B906, Pragti Apartament, Plot no. 5 C, Sector 11, Dwarka South West, New Delhi110075 as reflected from the death certificate, which is Ex. PW1/1. The matter thus, falls within the jurisdiction of this court.
b) Deceased, Kailash Malhotra had expired on 19.02.2023 leaving behind three surviving legal heirs that is, petitioner (wife of the Succession Court Case No. 95/2023 Mamta Malhotra v. The State & Ors. Page 6 of 8 deceased), respondent no. 3 (son of the deceased) and respondent no. 4 (daughter of the deceased).
c) Mother of the deceased predeceased the deceased.
12. Debts and Securities: The deceased died intestate qua debts and securities which are mentioned in the petition as well as in the testimony of PW1. The same are shares/holdings which were purchased by the deceased and are lying in demat account bearing DP ID:IN300214 vide client ID 30993473 and maintained with Kotak Securities Ltd. having office at At 8 th Floor, Kotak Tower, Building no. 21, Infinity Park, Off Western Express Highway, Gen. A.K. Vaidya Marg, Malad (E), Mumbai400097 having total valuation of Rs. 46,55,048.76/ as on 08.05.2023.
13. Therefore, the total value of the securities held by the deceased for which succession certificate has been applied for is Rs. 46,55,048.76/ (Rupees forty six lacs fifty five thousand forty eight and seventy six paise only) as on 08.05.2023.
14. The aforesaid claim of the petitioner has gone unrebutted and none has appeared on behalf of the public to contest the claim of the petitioner. There is also no impediment under section 370 of the Act to grant succession certificate with respect to debts and securities as mentioned in the petition.
Succession Court Case No. 95/2023 Mamta Malhotra v. The State & Ors. Page 7 of 815. Conclusion: In view of the reasons spelled above, this court holds that petitioner is entitled to grant of succession certificate under section 373 of the Act in respect of aforementioned securities that is, shares/holdings lying in demat account bearing DP ID:IN300214 vide client ID 30993473 and maintained with Kotak Securities Ltd. having office at At 8 th Floor, Kotak Tower, Building no. 21, Infinity Park, Off Western Express Highway, Gen. A.K. Vaidya Marg, Malad (E), Mumbai400097, having total valuation of Rs. 46,55,048.76/ (Rupees forty six lacs fifty five thousand forty eight and seventy six paise only) as on 08.05.2023. Petitioner is also entitled to interest/ dividend/bonus/consequential benefits, if any, accrued thereupon.
16. Accordingly, succession certificate be issued to the petitioner on filing of corresponding court fees in terms of Article 12 Schedule I of Court Fees Act, 1870 as applicable in Delhi and Indemnitycumsurety bond of the like amount, within 30 days from today. Petition is accordingly, disposed of.
Announced in the open court today i.e. 11.08.2023 Paridhi Sharma ACJCCJARC/South West Dwarka Courts: New Delhi Succession Court Case No. 95/2023 Mamta Malhotra v. The State & Ors. Page 8 of 8