Delhi District Court
Mahavir Yadav vs The State on 1 September, 2016
IN THE COURT OF SH. NAVJEET BUDHIRAJA: ACJcumCC
cumARC (SOUTHWEST): DWARKA COURTS: NEW DELHI.
Succession Case No.23/16
1. Mahavir Yadav
S/o Sh. Ram Singh
2.Kishan Chand
S/o Sh. Ram Singh
3.Daya Chand
S/o Sh. Ram Singh
4.Raj Bala
D/o Sh. Ram Singh
5. Ram Singh
S/o Sh. Gurdayal Singh
All R/o Village Khera Dabar, Delhi110073.
6. Savitri
W/o Sh Ajay Pal
R/o Hno.82, Deep Chand Pardhan Mohalla,
Village Rajokari, Delhi38.
.............Petitioners
vs.
1. The State
Through
DC (SouthWest)
Kapashera, New Delhi.
2.The Sub Postmaster
1
.
Ujwa Post Office,
Village Ujwa,
Delhi. ............Respondents
Petition U/s 372 of Indian Succession Act for grant of
Succession Certificate in respect of debts and securities of
deceased Natho Devi.
Date of Institution : 04.04.16.
Date of Reserving Judgment: 01.09.16
Date of Judgment :01.09.16
JUDGMENT:
1. The present petition has been filed by the petitioners for grant of Succession certificate U/s 372 of Indian Succession Act, 1925 (herein after referred to as the Act), in respect of debts and securities of deceased Natho Devi.
2. The State and The Sub Postmaster Ujwa Post Office Village Ujwa, Delhi, have been impleaded as respondents.
3. It has been averred by the petitioners that deceased Natho Devi died intestate on 23.07.13. It is further averred that deceased was the permanent resident of Village Khera Dabar, New Delhi which falls within the jurisdiction of this court. It is further averred that deceased has left behind following legal 2 .
heirs
1.Petitioner no.1 Mahavir Yadavson
2. Petitioner no.2 Kishan Chandson
3. Petitioner no.3Daya Chandson.
4. Petitioner no.4Rajbaladaughter. 5 Petitioner no.5Ram Singhhusband.
6. Petitioner no.6Savitri daughter
4. Notice of the petition was issued and ordered to be published in newspaper and accordingly publication was done in newspaper titled as "Veer Arjun" dt. 03.06.16, but none appeared on behalf of public at large, to raise any objection for grant of succession certificate in favour of petitioners.
5. In petitioners' evidence, six witnesses have been examined.
PW1 Kishan Chand, PW2 Daya Chand, PW3 Rajbala, PW4 Ram Singh and PW5 Savitri gave their no objection for grant of succession certificate, in favour of petitioner no.1 regarding debts and securities of deceased vide their separate statements.
PW6 Petitioner no.1 Mahavir Yadav proved the death certificate of his mother Natho Devi as Ex. PW6/B. He deposed that his mother died intestate without leaving any Will 3 .
and besides himself, petitioner no.2 to 6 are the class one legal heirs/survivor of belongings of his deceased mother. He further deposed that petitioner no.2 to 6 have no objection for grant of succession certificate in respect of debts and securities of deceased in his favour.
Witness has proved his Aadhr card for his residential proof as Ex.PW6/C.
6. Further, in respondent evidence only one witness is examined.
RW1 is Sh Dharambir Public Relation Inspector of Post, Najafgarh, New Delhi. He has proved the record i.e (old SB Account no.8228142) and new SB Account no. 7917310802 in the name of deceased Natho Devi reflecting balance amount of Rs 1,27,631.40 as on 06.01.16 bearing the signature of Post Master Ujwa as Ex. RW1/A Thereafter, Petitioner and Respondent Evidence was closed.
7. I have heard the arguments and perused the 4 .
material on record carefully.
8. In Madhvi Amma Bhawani Amma & Ors. Vs. 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, 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".
9. From the oral and documentary evidence on record, my prima facie findings are as under: 9.1. The deceased Natho Devi was residing at Village Khaira Dabar, New Delhi which is reflected from her death certificate proved as Ex.PW6/B which falls within the jurisdiction of this court.
5.
9.2. The deceased had expired on 23.07.13 leaving behind only six surviving class1 legal heirs i.e petitioner no.1 to
6. Petitioner no.2 to 6 have given their no objection in favour of petitioner no.1 in respect of debts and securities of deceased.
9.3. The deceased died intestate qua debts and securities as mentioned in the petition which is as follows:
Ex. RW1/A i.e (old SB Account no.8228142) and new SB Account no. 7917310802 in the name of deceased Natho Devi reflecting balance amount of Rs 1,27,631.40 as on 06.01.16.
Therefore, the total value of the securities held by the deceased for which succession certificate has been applied for, turns out to be Rs 1,27,631.40/ alongwith interest if any, accrued thereupon.
9.4. The aforesaid claim of the petitioners have gone unrebutted and nobody has appeared on behalf of the public to contest the claim of the petitioners. There is also no impediment U/s 370 of the Act to grant Succession Certificate with respect to debts and securities as mentioned in the 6 .
application.
10. In view of the aforesaid observations, I hold that the petitioner no.1 Mahavir Yadav is entitled for grant of Succession Certificate U/s 373 of the Act in respect of the aforementioned securities having total value of Rs 1,27,631.40/ alongwith interest if any, accrued thereupon.
11. Accordingly, succession certificate be issued to the petitioner no.1 Mahavir Yadav 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 15 days from today. Petition is accordingly, disposed of.
File be consigned to record room.
Announced in the open court (Navjeet Budhiraja) today i.e on 01.09.16 ACJ/CC/ARC(SW)/ND 7 .
SC23/16 Mahavir Yadav & ors vs The State & Anr.
01.09.16 Present: Ld counsel Sh Shyambir for petitioners.
Sh Dharambir Public Relation Inspector of Post, Najafgarh, New Delhi has appeared on behalf of respondent no.2. He has been examined as RW1 and discharged.
P.E stands closed, vide separate statement of ld counsel for petitioners.
Final arguments heard today itself. By virtue of separate Judgment, Succession certificate has been granted to petitioner no.1 Mahavir Yadav 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 15 days from today.
File be consigned to record room.
(Navjeet Budhiraja) ACJ/CC/ARC (SW)/ND 01.09.16 8 .