Delhi District Court
Gurmeet Kaur Sawhney And Anr vs State on 7 February, 2026
IN THE COURT OF ADMINISTRATIVE CIVIL JUDGE-CUM-
ADDITIONAL RENT CONTROLLER, CENTRAL DISTRICT,
TIS HAZARI COURTS, DELHI
Presided Over By: Sh. Bharat Aggarwal
Petition No. : Succ. Court 16/2024
CNR No. : DLCT03-000539-2024
Gurmeet Kaur Sawhney & Ors. Vs. State & Anr.
IN THE MATTER OF :-
1. Gurmeet Kaur Sawhney
w/o Sardar Harvinder Singh Sawhney
r/o R-709, New Rajender Nagar,
Delhi-110060
2. Sh. Parminder Singh Sethi
s/o Late Smt. Prith Pal Kaur Sethi
r/o 2710 Lubar DR Brookeville
MD-20833, USA.
3. Harinder Kaur
d/o Late Smt. Prith Pal Kaur Sethi
w/o Sh. Paramjit Singh
r/o 19/2, Road No.19,Punjabi Bagh,
Punjabi Bagh Extension, Delhi-110026
4. Gurpreet Kaur
d/o Late Sh. Narinderpal Singh Bhasin
w/o Sh. Jaswinder Singh
r/o D-835, Ground Floor, New Friends Colony,
Kalkaji, Delhi-110025.
5. Inderpal Singh Bhasin
s/o Late Sh. Narinder Pal Singh Bhasin
r/o 8080, Roshanara Road, Mohalla Kharia,
Subzi Mandi, Malka Ganj, Delhi-110007
SC No. 16/24 Gurmeet Kaur Sawhney & Ors. Vs. State & Anr. Page No. 1 of 13
Digitally signed
by BHARAT
AGGARWAL
BHARAT
AGGARWAL Date:
2026.02.07
17:01:49
+0530
6. Manpreet Kaur Sahni
d/o Late Sh. Pritam Singh Bhasin
w/o Sh. Balraj Singh
r/o H. No. 318, Sector-E,
Sainik Colony, Chwadi,
Jammu & Kashmir-180011
7. Manmeet Kaur
d/o Late Sh. Pritam Singh Bhasin
w/o Ranjit Singh Batra
r/o 6/25, First Floor, Subhash Nagar,
Tagore Garden, Delhi-110027
8. Inderpreet Singh
s/o Late Sh. Pritam Singh Bhasin
r/o 8082, Kharia Mohalla, Roshanara Road,
Subzi Mandi, Malka Ganj, S.O. Delhi-110007
9. Amrita Kaur Saluja
w/o Sardar Kulwant Singh Saluja
r/o H. No. 116, G.N.3,
Thapar Nagar, Begum Bagh,
Meerut, U.P.-250001.
.....PETITIONERS
VERSUS
1. The State (NCT of Delhi)
2. Dr. Jatinder Bir Singh
Principal
Guru Gobind Singh College of College Of Commerce,
University Of Delhi, Opposite TV Tower,
Pitampura, Delhi-110032.
...RESPONDENTS
Date of institution : 23.01.2024
Date of judgment : 07.02.2026
SC No. 16/24 Gurmeet Kaur Sawhney & Ors. Vs. State & Anr. Page No. 2 of 13
Digitally
signed by
BHARAT
BHARAT AGGARWAL
AGGARWAL Date:
2026.02.07
17:01:55
+0530
JUDGMENT
1. The present succession petition has been filed by the petitioners under Section 372 of Indian Succession Act, 1925 (hereinafter referred to as the 'Act') in respect of debts and securities of the deceased Late Smt. Rajinder Kaur d/o Late Sh. Joginder Singh (hereinafter referred as 'the deceased') who is stated to be the sister of petitioners no.1 and 9, maternal aunt of petitioners no. 2 and 3, and paternal aunt of petitioners no.4 to 8.
2. It is averred in the petition that the deceased died intestate on 27.04.2021 at Delhi. It is further stated that the deceased was an ordinary resident of r/o R-8081, Roshanara Road, Delhi, which falls within the jurisdiction of this Court. It is further stated that the deceased is survived by nine legal heirs i.e. the petitioner no.1 and 9, being her sisters, petitioner no. 2 & 3, being children of her predeceased sister namely Mrs. Prith Pal Kaur Sethi, petitioner no. 4 to 8, being children of her predeceased brothers namely Mr. Narinder Pal Singh Bhasin and Mr. Pritam Singh Bhasin.
3. It is averred that the deceased has left behind her service dues as mentioned in Para-6 of the present petition. In the petition, petitioners have prayed for grant of succession certificate in respect of aforesaid debts and securities as mentioned in Para-6 lying in the name of the deceased as the deceased is stated to have died intestate.
SC No. 16/24 Gurmeet Kaur Sawhney & Ors. Vs. State & Anr. Page No. 3 of 13 Digitally signed by BHARAT AGGARWAL BHARAT Date: AGGARWAL 2026.02.07 17:01:59 +0530
4. State has been impleaded as respondent no.1 in the present petition.
5. After filing of this petition, notice was given to the general public by way of publication in the newspaper "The Statesman" dated 04.04.2024 but none appeared from general public to oppose or contest the present petition.
6. During summary enquiry, ten witnesses were examined.
7. Petitioners no.2, 4, 5, 6, 7, 8 and 9 were examined and discharged as PW-1 to PW-7 respectively. They deposed that they have no objection for grant of succession certificate in favour of petitioner no.1 qua their shares in respect of debts and securities of deceased.
8. Petitioner no.1 took the witness stand as PW-8. PW-8 deposed that the deceased Ms. Rajinder Kaur was her sister who expired on 27.04.2021 at Delhi and she relied upon her death certificate as Ex.PW-8/1 (OS&R). PW-8 further deposed that besides her, the deceased has left behind the others legal representatives who are petitioners no. 2 to 9 in the present petition and they have already given their no objection for grant of succession certificate in her favour qua their shares in the debts and securities of the deceased. PW-8 also deposed that the deceased Ms. Rajinder Kaur was unmarried and she never adopted any child during her lifetime. PW-8 further deposed that the mother of the SC No. 16/24 Gurmeet Kaur Sawhney & Ors. Vs. State & Anr. Page No. 4 of 13 Digitally signed by BHARAT AGGARWAL BHARAT Date: AGGARWAL 2026.02.07 17:02:03 +0530 deceased Mrs. Prakash Kaur and father Mr. Joginder Singh of the deceased, predeceased the deceased on 08.04.2011 and 11.05.1985 respectively and she relied upon their death certificates as Mark-A and Ex.PW-8/2 respectively. PW-8 further deposed that the deceased had one more sister namely Ms. Pritpal Kaur and three brothers namely Mr. Narinderpal Singh, Mr. Pritam Singh and Mr. Gurudev Singh who also predeceased the deceased and she relied upon their death certificates as Mark-B, Ex.PW-8/3 (OS&R), Ex.PW-8/4 (OS&R) and Ex.PW-8/5 (OS&R) respectively. PW-8 also deposed that on the date of the death of the deceased only herself as well as petitioner no.9 were alive and none other brother or sister of the deceased was alive. PW-8 further deposed that the deceased did not execute any Will during her life time. PW-8 further deposed that the deceased has left behind her service dues as disclosed by RW-1. PW-8 relied upon the Surviving Member Certificate of the deceased as Ex.PW-8/6 (OS&R).
9. RW-1, Sh. Amandeep Singh, Section Officer, Guru Gobind Singh College of Commerce, University of Delhi, Opposite TV Tower, Pitampura, Delhi-32, brought the summoned record in respect of service dues of the deceased. RW-1 deposed that as per their record, an amount of Rs.2,47,437/- is due towards leave encashment and an amount of Rs.10,00,000/- towards gratuity. RW-1 further deposed that an amount of Rs.1,97,643/- is to be recovered from the account of Late Smt. Rajinder Kaur on account of excess payment as per 6th CPC. Hence, the total amount due to Mrs. Rajinder Kaur is Rs.10,49,797/-. RW-1 relied upon the SC No. 16/24 Gurmeet Kaur Sawhney & Ors. Vs. State & Anr. Page No. 5 of 13 Digitally signed by BHARAT AGGARWAL BHARAT AGGARWAL Date:
2026.02.07 17:02:08 +0530 calculation sheet in this regard as Ex. RW-1/2.
10. The Court has heard submissions advanced on behalf of the parties and has perused the record.
11. Before proceeding further, the law pertaining to grant of succession certificate may be discussed for better understanding of the concept. It is trite that merely by grant of succession certificate, the holder does not become the owner of the estate of the deceased. In this regard, the observations of the Hon'ble Supreme Court in C.K. Prahalada and Ors. Vs. State of Karnataka and Ors. [MANU/SC/7618/2008, (2008) 15 SCC 577] are relevant to be noted, which are as follows:
"A succession certificate is granted for a limited purpose. A Court granting a succession certificate does not decide the question of title. A nominee or holder of succession certificate has a duty to hand over the property to the person who has a legal title thereto. By obtaining a succession certificate alone, a person does not become the owner of the property."
12. It is also well settled that the holder of the certificate has a bounden duty to release the debt and securities of the deceased to the rightful claimant under the applicable law. Certain observations of the Hon'ble Delhi High Court in Atul Maithel vs. State Bank of India and Ors. [MANU/DE/3548/2017] are set out below:-
"14. As far as the only other contention is concerned, the Court granting the Succession SC No. 16/24 Gurmeet Kaur Sawhney & Ors. Vs. State & Anr. Page No. 6 of 13 Digitally signed by BHARAT AGGARWAL BHARAT Date: AGGARWAL 2026.02.07 17:02:12 +0530 Certificate only issues the certificate to declare to the public at large, of the grantee thereof being entitled, under orders of the Court, to collect the debts and securities of the deceased and to give due discharge therefor. However, if any person holding such debts and securities refuses to return the same to the grantee or disputes debts and securities, the grantee will have to initiate appropriate proceedings for recovery thereof and the proceedings for grant of Succession Certificate are by no stretch of imagination, proceedings for recovery or for mandatory injunction.
13. Furthermore, the order granting issuance of the succession certificate does not become executable as decree of the court. It only allows the grantee to receive the debts thereby discharging the debtor of the deceased relieving him from the multiple claims made for such a debt. The Hon'ble High Court of Delhi in this regard has further held in Sushila Devi Vs. State and Ors. [MANU/DE/3075/2017] that no execution proceedings lie against the debtor of the order passed under such proceedings and holder has to establish his claim independently in a civil suit. The findings of the court were as follows:-
"6. The counsel for the petitioner appears to be under a misconception of law that an order of issuance of Succession Certificate or a Succession Certificate is executable decree against the persons holding the debts and securities of the deceased.
7. A Succession Certificate only entitles the grantee thereof to claim and receive the debts and securities of the deceased, giving a full discharge SC No. 16/24 Gurmeet Kaur Sawhney & Ors. Vs. State & Anr. Page No. 7 of 13 Digitally signed by BHARAT BHARAT AGGARWAL AGGARWAL Date:
2026.02.07 17:02:17 +0530 to the persons who may be holding the said debts and securities, so as to relieve them from claim by multiple persons claiming to be the heirs of the deceased. Before granting such Succession Certificate, in a proceeding for grant of Succession Certificate which in any case is summary in nature, the persons holding debts and securities are not required to be impleaded and a perusal of the order dated 14th November, 2014 ordering issuance of Succession Certificate in favour of the petitioner also does not show Axis Bank, Khan Market, New Delhi and New India Insurance Co. Ltd. claimed to be holding the said debts and securities of the deceased to be parties thereto. Merely because an applicant for Succession Certificate has averred in the petition that the debts and securities mentioned in the application are due to the deceased, is no proof of the said debts and securities being due to the deceased and a proceeding for grant of Succession Certificate is not meant for adjudication of the said issues. If the persons who are claimed to be holding the debts and securities of the deceased dispute the claim, the entitlement in law of the grantee of the Succession Certificate is only to make a legal claim against them and not to execute the Succession Certificate or an order granting Succession Certificate.
9. I find the Supreme Court in Banarsi Dass Vs. Teeku Dutta MANU/SC/0333/2005 : (2005) 4 SCC 449 to have held (i) that the main object of a Succession Certificate is to facilitate collection of debts on succession and afford protection to parties paying debts to representatives of the deceased person; (ii) all that the Succession Certificate purports to do is to facilitate the collection of debts, to regulate the administration of succession and to protect persons who deal with the alleged representatives of the deceased SC No. 16/24 Gurmeet Kaur Sawhney & Ors. Vs. State & Anr. Page No. 8 of 13 Digitally signed by BHARAT AGGARWAL BHARAT Date: AGGARWAL 2026.02.07 17:02:22 +0530 persons; (iii) such a Certificate does not give any general power of administration on the estate of the deceased; (iv) the grant of a certificate does not establish title of the grantee as the heir of the deceased; (v) a Succession Certificate is intended to protect the debtors, which means that where a debtor of a deceased person either voluntarily pays his debt to a person holding a certificate or is compelled by a decree of the Court to pay it to the person, he is lawfully discharged; and, (vi) the grant of a certificate does not establish a title of the grantee as the heir of the deceased, but only furnishes him with authority to collect his debts and allows the debtors to make payments to him without incurring any risk."
14. In the case of Madhvi Amma Bhawani Amma and others Vs. Kunjikutty Pillai Meenakshi Pillai and others. [AIR 2000 Supreme Court 2301=2000 AIR SCW 2432] 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 deceased and prevent their being time barred, 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 SC No. 16/24 Gurmeet Kaur Sawhney & Ors. Vs. State & Anr. Page No. 9 of 13 Digitally signed by BHARAT AGGARWAL BHARAT Date: AGGARWAL 2026.02.07 17:02:27 +0530 discharge for the debts. The grant of a certificate to a person does not give him an absolute right to the debts nor does it bar a regular suit for adjustment of the claims of the heir inter se".
15. Thus, to sum up, it can be inferred that the succession certificate ensures that process of release of debt of the deceased is streamlined and the debtor is provided security against numerous claims. The aim of such certificate is that it acts as conclusive proof for discharge of money against the debtor. The court granting the certificate is not required to determine the question of title and the Court by its order granting the certificate merely authorises one to collect the debts or securities of the deceased who then acts as a trustee to distribute the amount to the legal heirs of the deceased. Even though the proceedings for issuance of succession certificate are summary in nature yet, in terms of Rule 3(d) of Part B- Chapter 6- Volume II of the Delhi High Court Rules, the court can take sufficient evidence to enable it to form an opinion as to who is best entitled to the certificate in respect of the estate of the deceased.
16. Facts of the case shall be analyzed through the prism of legal position enunciated above.
17. As per uncontroverted testimony of PW-8, the deceased died intestate. Section 15 (1) (a) of the Hindu Succession Act, 1956, inter-alia provides that when a hindu female dies intestate, her property shall devolve upon her husband and her children, including the children of her predeceased children. PW-8 specifically deposed SC No. 16/24 Gurmeet Kaur Sawhney & Ors. Vs. State & Anr. Page No. 10 of 13 Digitally signed by BHARAT AGGARWAL BHARAT AGGARWAL Date:
2026.02.07 17:02:32 +0530 that deceased was unmarried at the time of her death and she had not adopted any child during her lifetime and there is no reason to disbelieve the same as the said fact has remained unrebutted throughout the proceedings and hence, Section 15 (1) (a) and Section 15 (1) (b) which provides for devolution upon the heirs of the husband, are not applicable to the facts of the present case.
18. As per Section 15 (1) (c) of the aforesaid Act, property of deceased shall devolve upon her mother and father. Petitioner no.1 has specifically stated that mother and father of the deceased had also predeceased her and PW-8/petitioner has also relied upon their death certificates as Mark-A and Ex.PW-8/2. Hence, it becomes apparent that the present case would fall under clause (d) of Section 15 (1) of the Hindu Succession Act, 1956 i.e. upon the heirs of the father of the deceased.
19. Now, as per Section 8 of the aforesaid Act when considered alongwith Schedule appended therewith, all the Class-I legal heirs of father of the deceased Sh. Joginder Singh are equally entitled to share in the debts and securities of the deceased. The net effect being that the children of Sh. Joginder Singh shall be entitled to their respective share in the debts and securities of the deceased. As per the case of the petitioners, there are no other legal heirs of the deceased as well as father of the deceased who would be entitled to any interest in the debts and securities of the deceased. Accordingly, petitioner no.1 and 9 (being daughters of Sh. Joginder Singh), petitioners no. 2 and 3 (children of predeceased daughter SC No. 16/24 Gurmeet Kaur Sawhney & Ors. Vs. State & Anr. Page No. 11 of 13 Digitally signed by BHARAT AGGARWAL BHARAT Date: AGGARWAL 2026.02.07 17:02:36 +0530 Ms. Pritpal Kaur Sethi of Sh. Joginder Singh), petitioners no. 4 to 8 (children of predeceased sons Mr. Narender Pal Singh Bhasin and Mr. Pritam Singh Bhasin of Sh. Joginder Singh) are therefore the only legal heirs of Sh. Joginder Singh who are entitled to succeed to his estate.
20. However, petitioner no.3 has given her no objection for grant of succession certificate in favour of petitioner no.1 through her no objection certificate-cum-affidavit qua her share in respect of debts and securities of deceased. Furthermore, petitioners no.2, 4, 5, 6, 7, 8 and 9 have also given their no objection for grant of succession certificate in favour of petitioner no.1 qua their shares in the debts and securities of the deceased. Accordingly, petitioner no.1 shall be entitled to grant for succession certificate qua the debts and securities of the deceased. As per the death certificate of the deceased, she used to reside at R-8081, Roshanara Road, Delhi, which falls within the territorial jurisdiction of this Court.
21. Succession certificate is sought qua following debts and securities of the deceased :-
An amount of Rs.10,49,797/- towards service dues of the deceased lying with Shri Guru Gobind Singh College of Commerce, Pitampura.
Total value of securities held by deceased turns out to be Rs.10,49,797/-.
SC No. 16/24 Gurmeet Kaur Sawhney & Ors. Vs. State & Anr. Page No. 12 of 13 Digitally signed by BHARAT AGGARWAL BHARAT Date: AGGARWAL 2026.02.07 17:02:41 +0530
22. In view of the evidence adduced on record which has remained unrebutted and uncontroverted, the Court is of the considered opinion that there is prima-facie no impediment for grant of Succession Certificate in favour of petitioner no. 1 qua the debts and securities of the deceased in terms of Ex.RW-1/2 having total amount of Rs.10,49,797/-. Succession Certificate is granted accordingly in favour of petitioner no. 1. Succession certificate be drawn on deposit of requisite court fees of Rs.26,244.9/- (rounded off to Rs.26,245/-) by the petitioner no.1 in terms of Article 12 of Schedule I of Court Fees Act, 1870, as applicable in Delhi and on furnishing an Indemnity Bond and Surety Bond with one surety within 30 days from today.
Petition is accordingly disposed off.
File be consigned to record room after due compliance.
Digitally signed by BHARAT AGGARWAL BHARAT Date: AGGARWAL 2026.02.07 17:02:50 +0530 ANNOUNCED IN OPEN COURT (Bharat Aggarwal) Today i.e. 07.02.2026 ACJ-cum-ARC (Central) Tis Hazari Courts/Delhi
Present judgment consists of 13 pages and each page Digitally signed by BHARAT bears my initials. BHARAT AGGARWAL AGGARWAL Date: 2026.02.07 17:02:46 +0530 (Bharat Aggarwal) ACJ-cum-ARC, Central District, Tis Hazari Courts 07.02.2026 (A) SC No. 16/24 Gurmeet Kaur Sawhney & Ors. Vs. State & Anr. Page No. 13 of 13