Delhi District Court
Sh. Rameshwar Dayal vs Govt. Of N.C.T. Of Delhi on 15 April, 2017
IN THE COURT OF Ms. HARLEEN SINGH, ACJ/CCJ/ARC(WEST),
TIS HAZARI COURTS, DELHI
SC No.: 140/2016
Date of Institution : 07.10.2016
Date of decision : 15.04.2017
SH. RAMESHWAR DAYAL
S/o Late Sh. Chandan Lal
R/o H. No. 82, Ashoka Park Main,
Rohatak Road, New Delhi-110035. ... Petitioner
Versus
1. GOVT. OF N.C.T. OF DELHI
Through its Secretary
Secretariat, New Delhi.
2. SH. OM PRAKASH
S/o Late Sh. Chandan Lal
R/o H. No. 82, Ashoka Park Main,
Rohatak Road, New Delhi-110035.
3. SH. SUBHASH CHANDER BHARDWAJ
S/o Late Sh. Chandan Lal
R/o H. No. 82, Ashoka Park Main,
Rohatak Road, New Delhi-110035.
4. SMT. MAYA DEVI
D/o Late Sh. Chandan Lal
W/o Late Sh. Dharam Veer Sharma
R/o H. No. A-47, Gokal Pur Village,
Delhi-110094.
SC No. 140/2016 Page 1 of 5
5. ALANKIT ASSIGNMENTS LTD.
Through its Manager (Administration)
Alankit House, 2E/21,
Jhandewalan Extension,
New Delhi-110005. ... Respondents
JUDGMENT
1. The succession petition is filed under Section 372 of Indian Succession Act by petitioner Sh. Rameshwar Dayal for grant of succession certificate in respect of debts and securities of deceased Sh. Chandan Lal S/o Late Sh. Badlu Ram, who expired on 27.07.1999. The deceased has left behind his three sons Sh. Rameshwar Dayal (petitioner), Sh. Om Prakash, Sh. Subhash Chander Bhardwaj (respondent no. 2 and 3) and one daughter Smt. Maya Devi (respondent no. 4) as the only Class-I legal heirs.
2. After filing the petition, notice of the petition was given to the general public by publication in the newspaper 'Rashtriya Sahara' dated 09.12.2016 but none appeared from general public to oppose or contest the petition.
3. Statement of petitioner (PW-1) Sh. Rameshwar Dayal was recorded on 29.03.2017 wherein he stated that he is the son of deceased Sh. Chandan Lal who expired on 27.07.1999. His original death certificate is Ex.PW1/1. PW-1's mother Smt. Kalawati (wife of deceased) expired in the year 2000. PW-1 further stated that he does not have her death certificate as of now. PW-1's grandmother Smt. Natho Devi (mother of deceased) expired about 40 years ago and neither PW-1 nor any of his family members is in possession of her death certificate. Deceased Sh. Chandan Lal left behind PW-1, his other two sons namely Sh. Om Prakash and Sh. Subhash Chander Bhardwaj and one daughter namely Smt. Maya Devi as the only SC No. 140/2016 Page 2 of 5 Class-I legal heirs. There is no other Class-I legal heirs. Deceased Sh. Chandan Lal had not executed any Will during his life time.
Deceased Sh. Chandan Lal had 1088 (544 + bonus 544 shares) shares of Indian Oil Corporation and 300 shares of Balmer Lawrie as mentioned in the Amended Annexure-A. Further examination of PW-1 was deferred at his request for production of certain original documents.
4. Statement of PW-1 Sh. Rameshwar Dayal was again recorded on 30.03.2017 wherein he produced the original share certificate bearing certificate No. 1700053 of 272 shares alongwith letter dated 22.06.2007 addressed to the deceased Chandal Lal by Indian Oil Corporation Ltd., letter dated 01.11.2009 of Indian Oil Corporation Ltd. Addressed to the deceased Chandal Lal showing that the deceased held bonus share certificate bearing certificate No. 1900482 of 272 shares, folio no. IOC044867 with computer generated copy of letter dated 26.07.2016 addressed to PW-1 by Karvy Computershare Pvt. Ltd. (Register of Shares of Indian Oil Corporation), both of Indian Oil Corporation and share certificate bearing certificate No. 0003179 of 300 shares of Balmer Lawrie Investment Ltd. Photocopy of the same are Ex.PW1/2(colly-6 pages) (OSR).
PW-1 furnished copy of his driving licence as proof of identity and the same is Ex.PW1/3. Original of the same was returned after perusal.
5. Statement of Sh. Chandi Prasad Joshi S/o Late Sh. J.K. Joshi, Executive, Alankit Assignment, 1E/13, Jhandewalan Exntension, New Delhi-110055 was recorded on 29.03.2017 wherein he produced the details in respect of valuation of shares of Balmer Lawrie and Indian Oil Corporation. As per last market price, value of Balmer Lawrie share is SC No. 140/2016 Page 3 of 5 Rs.380.90/- per share and value of Indian Oil Corporation is Rs.370.90/- per share, both as on 28.03.2017. Copy of Client Master List of D-mat Account bearing Client ID No. 10704179 in the name of Sh. Rameshwar Dayal S/o Sh. Chandal Lal, who is petitioner in the present case, alongwith valuation sheet in respect of aforesaid shares are Ex.RW-5/1(colly-2 pages) bearing his signatures and seal of the office at point A on both pages.
He furnished copy of his office I-card as proof of identity and the same is Ex.RW5/2. Original of the same was returned after perusal.
6. Statement of respondent no. 2 and 3 i.e. Sh. Om Prakash and Sh.
Subhash Chander Bhardwaj were recorded on 23.02.2017 whereas statement of respondent no. 4 Smt. Maya Devi was recorded on 15.03.2017 wherein they stated that they have no objection if succession certificate is granted in favour of petitioner in respect of debts and securities of the deceased. They furnished copy of their voter card and Aadhar card as proof of identity and the same are Ex.RW2/1, Ex.RW3/1 and Ex.RW4/1. Original of the same was returned after perusal.
7. It is pertinent to mention here that objections have not been filed on behalf of general public despite publication in the newspaper 'Rashtriya Sahara' dated 09.12.2016.
8. In the facts and circumstances on record, petitioner Sh. Rameshwar Dayal shall be entitled in respect of debts and securities of the deceased Sh. Chandan Lal as per Ex.PW1/2 (colly-6 pages) and Ex.RW5/1(colly-2 pages).
9. In view of the matter as discussed above, I am of the considered opinion that there is no impediment in grant of succession certificate in SC No. 140/2016 Page 4 of 5 favour of petitioner Sh. Rameshwar Dayal in respect of the debts and securities of the deceased Sh. Chandan Lal as per Ex.PW1/2 (colly-6 pages) and Ex.RW5/1(colly-2 pages). I accordingly direct that succession certificate be issued in the name of petitioner Sh. Rameshwar Dayal in respect of the debts and securities of the deceased Sh. Chandan Lal as per Ex.PW1/2 (colly-6 pages) and Ex.RW5/1(colly-2 pages). Court fees and indemnity bond with one surety be filed by the petitioner within 15 days.
Announced in the open court (Harleen Singh)
On this 15th day of April, 2017 ACJ/CCJ/ARC(West)
Tis Hazari Courts, Delhi
SC No. 140/2016 Page 5 of 5