Delhi District Court
Smt. Kiran Mehra vs The State Of Nct Of Delhi on 17 January, 2017
IN THE COURT OF ADMINISTRATIVE CIVIL JUDGE
CUM ADDITIONAL RENT CONTROLLER (CENTRAL) :
DELHI
Presided over by : Sh. Hem Raj
Petition No. : SC/32971/16
In the matter of:
Smt. Kiran Mehra,
W/o. Late Sh. Jag Mohan Mehra,
R/o. 2/23, Ansari Road, Darya Ganj,
New Delhi110002.
....Petitioner.
Versus
1 The State of NCT of Delhi.
2 Smt. Usha Singh,
W/o. Late Sh. Ram Singh,
D/o. Late Sh. Kishan Narain Mehra,
R/o. 45B, Mall Road, Delhi110054.
3 Mrs. Shilpi Gupta,
W/o. Sh. Amitosh Gupta,
D/o. Late Sh. Jag Mohan Mehra,
R/o. 2, Ram Bhawan, Lane No. 3,
Srinagar, Rani Bagh, Delhi110034.
4 Mrs. Shiksha Khanna,
W/o. Sh. Mohit Khanna,
D/o. Late sh. Jag Mohan Mehra,
R/o. 4658/A21, Ansari Road,
Daryaganj, New Delhi110002.
Petition no. 32971/16
.....Respondents.
Date of Institution : 14.09.2016 Date of order when reserved : 07.01.2017 Date of order when announced : 17.01.2017 J U D G M E N T : 1 The present succession petition has been filed by the
petitioner namely Smt. Kiran Mehra for grant of Succession Certificate in her favour in respect of debts and securities left by Sh. Kishan Narain Mehra, who expired on 21.06.1989 at Delhi, claiming that the deceased was her father in law being the father of her husband.
2 After filing of this petition, notice of filing of this petition was given to the general public by way of publication in the newspaper 'The Statesman' dated 03.10.2016, but none has appeared from general public to oppose or contest the present petition.
3 Separate statements of LRs/Respondents no. 2 to 4 namely Smt. Usha Singh, Mrs. Shilpi Gupta and Mrs. Shiksha Khanna have been recorded with regard to their no objections to grant of Succession Certificate in favour of the petitioner.
Petition no. 32971/164 As per statement of the petitioner/PW1 Smt. Kiran Mehra, the deceased namely Sh. Kishan Narain Mehra was her father in law being the father of her husband. He expired on 21.06.1989 at Delhi and copy of his death certificate is Ex. PW1/1 (OS&R). Besides her, the deceased has left behind one daughter namely Smt. Usha Singh and two grand daughters namely Mrs. Shilpi Gupta and Mrs. Shiksha Khanna, who are LRs/Respondents no. 2 to 4 in the present petition and they have given their statements with regard to their no objections to grant of succession certificate in her favour. The deceased did not execute any Will during his life time. Ex. PW1/2 is the copy of her Aadhar Card; Ex. PW1/3 is the original death certificate of Smt. Tikko Devi Mehra; Ex. PW1/4 is the copy of email acknowledgment from Karvy Computershare Pvt. Ltd. confirming of shares of Britannia Industries, certificate U/s. 65B of the Indian Evidence Act dated 16.08.2016 and copy of letter from MCS share Transfer Agents confirming ownership of shares of DCM Shriram Limited, Ex. PW1/5 and 1/6. Ex. PW1/7 is the original death certificate of Late Sh. Jag Mohan Mehra. Ex. PW1/8 is the valuation of shares, computerized copies of valuation of shares from the website of National Stock Exchange and Certificate U/s. 65B of Indian Evidence Act. The deceased Sh. Kishan narain Mehra has also left behind 545 shares of Britannia Industries Limited having registered Folio No. K000380 and Distinctive No. 11588345640000. The copy of the said share certificate is Ex. PW1/9.
Petition no. 32971/165 In view of the evidence adduced by the petitioner which has remained unrebutted and uncontroverted, the court is of the considered opinion that there is primafacie no impediment for grant of Succession Certificate in favour of petitioner namely Smt. Kiran Mehra in respect of 545 shares of Britannia Industries Limited and 1630 shares of DCM Shriram Limited, lying in the name of deceased namely Sh. Kishan Narain Mehra. Accordingly, a Succession Certificate be issued in favour of petitioner namely Smt. Kiran Mehra in respect of 545 shares of Britannia Industries Limited and 1630 shares of DCM Shriram Limited, lying in the name of deceased namely Sh. Kishan Narain Mehra, in terms of Ex. PW1/6 and Ex. PW1/9, as per which the valuation of shares of the deceased was Rs.19,72,623/. Succession certificate be drawn on deposit of requisite court fee of Rs.49,316/ and on furnishing an Indemnity Bond with one surety within 15 days.
File be consigned to Record Room.
Announced in the open court (HEM RAJ)
on 17.01.2017 Administrative Civil Judgecum
Additional Rent Controller (Central)
Delhi.
Petition no. 32971/16
32971/2016
17.01.2017
Present : None
Vide separate judgment of even date, it is held that there is primafacie no impediment for grant of Succession Certificate in favour of petitioner namely Smt. Kiran Mehra in respect of 545 shares of Britannia Industries Limited and 1630 shares of DCM Shriram Limited, lying in the name of deceased namely Sh. Kishan Narain Mehra. Accordingly, a Succession Certificate be issued in favour of petitioner namely Smt. Kiran Mehra in respect of 545 shares of Britannia Industries Limited and 1630 shares of DCM Sbriram Limited, lying in the name of deceased namely Sh. Kishan Narain Mehra, in terms of Ex. PW1/6 and Ex. PW1/9, as per which the valuation of shares of the deceased was Rs.19,72,623/. Succession certificate be drawn on deposit of requisite court fee of Rs.49,316/ and on furnishing an Indemnity Bond with one surety within 15 days.
File be consigned to Record Room.
(Hem Raj) ACJ/ARC (Central) Delhi/17.01.2017 Petition no. 32971/16