Delhi District Court
Sc No. 175/2 vs The State on 10 November, 2022
IN THE COURT OF MS. NEHA PRIYA
ACJ-cum-CCJ-cum-ARC, SOUTH
SAKET COURTS, DELHI.
SC No. 175/21
Smt. Neeta Bhalla
W/o late Sh. Sanjiv Bhalla
R/o A-67, First Floor, Gulmohar Park,
New Delhi - 110049.
........Petitioner
Versus
1. The State
Through office of District Magistrate/SDM
Hauz Khas, South District,
New Delhi.
2. Mr. Namit Bhalla
S/o late Sh. Sanjiv Bhalla
R/o A-67, First Floor, Gulmohar Park,
New Delhi - 110049.
3. Mr. Nipun Bhalla
S/o late Sh. Sanjiv Bhalla
R/o A-67, First Floor, Gulmohar Park,
New Delhi - 110049.
......Respondents
PETITION FOR GRANT OF SUCCESSION CERTIFICATE UNDER
SECTION 372 OF THE INDIAN SUCCESSION ACT, 1925
1. Date of Institution of Petition : 10.12.2021
2. Date of Judgment : 10.11.2022
3. Decision : Petition Allowed
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JUDGMENT
1. Vide this judgment, this Court shall dispose off the petition filed by petitioner for grant of succession certificate in her favour in respect of Public Provident Fund (PPF) account bearing no. 0296424076 with Sansad Marg Head Post Office, Department of Posts, New Delhi, which existed in the name of deceased late Sh. Sanjiv Bhalla.
2. In the petition, it is inter-alia pleaded that petitioner is the wife, respondent no. 2 & respondent no. 3 are sons of deceased late Sh. Sanjiv Bhalla, who expired on 30.08.2017; apart from petitioner and respondent no. 2 and 3, there is no surviving legal heir of the deceased; the deceased was ordinarily residing within the territorial jurisdiction of this Court; and there is no legal impediment in the grant of succession certificate in favour of the petitioner.
3. Perusal of the record reflects that the notice of this petition was given to the general public by way of publication in the newspaper 'Veer Arjun' on 20.03.2022. In response to the notice, no person from the general public came forward to offer any objection qua grant of succession certificate to the petitioner.
4. During the summary proceedings conducted as per Section 373 of the Indian Succession Act, 1925, 5 persons were examined in the form of PW-1 i.e. Sh. Bhoop Singh Shishodia, PW-2 i.e. Ms. Neeta Bhalla, RW-1 i.e. Sh. Amit Kumar, Patwari, SDM Hauz Khas, RW-2 i.e. Mr. Namit Bhalla and RW-3 i.e. Mr. Nipun Bhalla.
5. PW-1 Sh. Bhoop Singh Shishodia brought the statement of account with respect to PPF account bearing no. 0296424076 having a balance amount of SC No. 175/2021 Neeta Bhalla Vs. State & Ors. 2 of 5 Rs.40,31,601/- as on 31.03.2022, in the name of deceased late Sanjiv Bhalla. The statement of account was exhibited as Ex.PW1/A, his authority letter as Ex.PW1/B and his ID proof as Ex.PW1/C.
6. PW-2 Smt. Neeta Bhalla filed her affidavit of evidence in the form of Ex.PW2/A, wherein she reiterated the contents of the petition and relied upon documents Ex.PW2/1 i.e. death certificate of the deceased, Ex.PW2/2 i.e. list of legal heirs of the deceased, Ex.PW2/3 i.e. surviving members certificate, Ex.PW2/5 i.e. copy of Aadhar card of petitioner, Ex.RW2/B i.e. copy of aadhar card of elder son of petitioner namely Namit Bhalla and Ex.RW3/B i.e. copy of aadhar card of younger son of petitioner namely Nipun Bhalla.
7. RW-1 Sh. Amit Kumar, who appeared on behalf of respondent no.1, filed report regarding the legal heirs of deceased namely Late Sh. Sanjiv Bhalla as per which he left behind three legal heirs namely Smt. Neeta Bhalla (wife), Sh. Nipun Bhalla (son) and Sh. Namit Bhalla (son). Report of Tehsildar, Hauz Khas, New Delhi was exhibited as Ex.RW1/A (colly) and self declaration form along-with statement of petitioner and copies of IDs of witnesses were exhibited as Ex.RW1/B (colly).
8. RW-2 i.e. Mr. Namit Bhalla and RW-3 i.e. Mr. Nipun Bhalla stated that they were the sons of deceased late Sh. Sanjiv Bhalla and they had no objection if succession certificate was issued in favour of petitioner qua the debts and securities (averred in this petition) of deceased late Sh. Sanjiv Bhalla. Their affidavits/NOCs were exhibited as Ex.RW2/A & Ex.RW3/A respectively and copy of their ID proof as Ex.RW2/B & Ex.RW3/B.
9. During the course of final arguments, Ld. Counsel for the petitioner referred to the testimonies of PW-2 Smt. Neeta Bhalla and RW-1 Sh. Amit SC No. 175/2021 Neeta Bhalla Vs. State & Ors. 3 of 5 Kumar and submitted that material on record was sufficient to conclude that the petitioner and respondent no. 2 & 3 were the only three surviving legal heirs of deceased late Sh. Sanjiv Bhalla; the testimony of PW-1 proves that the said PPF account existed in the name of deceased Sh. Sanjiv Bhalla; and that there was no impediment in grant of succession certificate in favour of petitioner. On the basis of the aforesaid submissions, petitioner was entitled to grant of succession certificate with respect to aforesaid account with Sansad Marg Head Post Office, Department of Posts, New Delhi.
10. I have heard the submissions made by Ld. Counsel for the petitioner, perused the record and gone through the relevant provisions of law.
11. The testimonies of PW-2 and RW-1 to RW-3 prove that deceased late Sh. Sanjiv Bhalla expired on 30.08.2017, and the petitioner and respondent no. 2 & 3 are the only known surviving legal heirs of deceased late Sh. Sanjiv Bhalla. The testimony of PW-1 proves that PPF account bearing no. 0296424076 having a balance amount of Rs.40,31,601/- as on 31.03.2022, in the name of deceased late Sanjiv Bhalla, existed with Sansad Marg Head Post Office, Department of Posts, New Delhi. Respondent no. 2 & 3 have no objection to issuance of succession certificate in favour of the petitioner. No one else has come forward to oppose this succession petition despite publication in newspaper.
12. In light of the facts and circumstances and on the basis of material placed on record, petitioner is entitled to the succession certificate and there exists no impediment in grant of succession certificate to her. Thus, present petition qua the grant of succession certificate in respect of the aforesaid PPF account bearing no. 0296424076, existing with Sansad Marg Head Post Office, Department of Posts, New Delhi, is hereby allowed. Accordingly, succession SC No. 175/2021 Neeta Bhalla Vs. State & Ors. 4 of 5 certificate be issued in favour of the petitioner, upon filing of requisite court fees and indemnity bond by the petitioner, with one surety.
13. The succession certificate shall be considered only as an entitlement of the petitioner to receive the amount of PPF account bearing no. 0296424076. The succession certificate shall not be considered as a direction as such to Sansad Marg Head Post Office, Department of Posts, New Delhi to release the amount to the petitioner, and Sansad Marg Head Post Office, Department of Posts, New Delhi shall be competent to seek compliance of formalities, if any, by the petitioner for securing release of the amount of PPF account, as per rules. File be consigned to record room after due compliance.
NEHA Digitally signed
by NEHA PRIYA
PRIYA Date: 2022.11.11
16:23:12 +0530
Announced in the open Court (NEHA PRIYA)
on 10.11.2022 ACJ-CCJ-ARC/South,
Saket Courts/New Delhi
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