Delhi District Court
Smt. Krishna Devi vs The State (Govt. Of Nct Delhi) on 1 August, 2013
1
IN THE COURT OF SH. SUMIT DASS, ADMINISTRATIVE CIVIL
JUDGE (NORTH WEST) ROHINI COURTS, DELHI
Petition No. : SCC 72/13.
Date of Institution : 13.05.2012.
Date of arguments : 01.08.2013
Date of order : 01.08.2013
In the matter of:
1. Smt. Krishna Devi
W/o. Late Sh. Rattan
R/o. House no. 404, Harijan Basti,
Village Rithala, Delhi.
....Petitioner
Versus
1. The State (Govt. of NCT Delhi)
2. Smt. Beena
D/o. /o. Late Sh. Rattan
W/o. Sh. Bal Kishore
R/o. House no. B353,
BBlock, Pandav Nagar,
Delhi.
3. Smt. Geeta
D/o. Late Sh. Rattan Singh
SCC No. 72/13 Smt. Krishna Devi Vs. The State & Ors 1
2
W/o. Sh. Jagdish
R/o. 6/157, Series6,
Jharera Village,
Delhi.
4. Smt. Usha
D/o. Late Sh. Rattan Singh
W/o. Sh. Mukesh
R/o. 468, DeBlock,
Shakur Pur, JJ Colony,
Delhi110 034.
5. Smt. Babita
D/o. Late Sh. Rattan Singh
W/o. Sh. Kishan Kumar
R/o. 296, Ambedkar Colony,
Village Alipur,
Delhi110 036.
6. Sh. Shri Om
S/o. Late Sh. Rattan Singh
R/o. House no. 404, Harijan Basti,
Village Rithala, Delhi.
7. Sh. Vinod Kumar
S/o. Late Sh. Rattan Singh
R/o. House no. 404, Harijan Basti,
SCC No. 72/13 Smt. Krishna Devi Vs. The State & Ors 2
3
Village Rithala, Delhi.
8. The Manager
State Bank of India
VPO Rithala
Delhi.
....Respondents
J U D G M E N T:
Vide this judgment, I shall dispose off the petition under section 372 of the Indian Succession Act, 1925 for obtaining succession certificate in respect of debts/securities/shares etc of Late Sh. Rattan Singh s/o. Late Sh. Jayram (deceased).
The relevant facts for the disposal of the present petition are that deceased Sh. Rattan Singh was residing at House no. 404, Harijan Basti, Village Rithala, Delhi and also expired on 13.02.2010 at Delhi leaving behind the petitioner who is the wife and respondent no. 2 to 7 are the daughters and sons and the legal heirs of the deceased. It is further alleged that there is no impediment in the grant of succession certificate in favour of the petitioner in respect of amount of Rs. 3,82,346/ lying in SBI, VPO Rithala Branch, Delhi in account no. 10137691384.
2. General public had been served through publication in daily SCC No. 72/13 Smt. Krishna Devi Vs. The State & Ors 3 4 newspaper 'Veer Arjun' dated 03.06.2013 but none had appeared from general public to oppose or contest the present petition.
3. Petitioner has examined, the legal heirs of the deceased RW2/Sh. Beena d/o. of Late Sh. Rattan Singh, RW3/Smt. Geeta D/o. of Late Sh. Rattan Singh, RW4/Smt. Usha D/o. of Late Sh. Rattan Singh, RW5/Smt. Babita D/o. of Late Sh. Rattan Singh & RW6/Sh. Shri Om S/o. of Late Sh. Rattan Singh wherein they have given their no objections for the issuance of succession certificate in favour of the petitioner. RW8/Sh. B.R. Bhaskar, Assistant, SBI, Rithala Branch, Delhi produced the record Ex.RW8/A pertaining to the account no. 10137691384 of deceased Rattan Singh and deposed that there was no nominee regarding this account and that balance amount of Rs. 3,82,346/ is lying in his account as per their record.
Thereafter petitioner examined herself and tendered her evidence by way of affidavit and relied upon the death certificate of the deceased MarkX and her election identity card MarkY. Thereafter PE was closed.
4. One of the LRs namely Sh. Vinod Kumar was not examined and during the course of arguments it was stated that 6/7th share be only issued by the bank in favour of the petitioner. Qua same, the affidavit was also filed by SCC No. 72/13 Smt. Krishna Devi Vs. The State & Ors 4 5 the petitioner.
5. Heard.
6. Considering the above stated facts, this Court is of the opinion that there is no impediment in grant of Succession Certificate in favour of petitioner to the extent of 6/7th in respect of the amount of Rs. 3,82,346/ lying in SBI, VPO Rithala Branch, Delhi in account no. 10137691384 of the deceased Sh. Rattan Singh. The bank manager SBI is directed to keep the balance amount/1/7th of the amount in the FDR for the period of five years to secure the money in respect of the above.
Accordingly, Succession Certificate is ordered to be issued in favour of petitioner Smt. Krishna Devi in respect of the above, on furnishing of an Indemnity Bond of the same value with one surety of like amount within one month. File be consigned to Record Room.
Announced in the open court (Sumit Dass) on 01.08.2013 ACJCUMARC NORTHWEST ROHINI COURTS, DELHI This judgment contains six pages & each page has been signed by me. SCC No. 72/13 Smt. Krishna Devi Vs. The State & Ors 5 6 SCC No. 72/12. Krishna Devi vs. State 25.07.2013 Present: Ld. Counsel for the petitioner
PW1 is examined and discharged. PE is closed.
Matter be put up for final arguments on 01.08.2013.
(Sumit Dass)
ACJcumARC (North West)
Rohini Courts, Delhi/25.07.2013
01.08.2013
Present: Ld. Counsel for the petitioner
Final arguments heard.
Vide separate judgment of even date, petition filed u/s 372 of the Indian Succession Act, 1925 on behalf of the petitioners is allowed and disposed off.
File be consigned to Record Room.
(Sumit Dass) ACJcumARC (North West) Rohini Courts, Delhi/01.08.2013 SCC No. 72/13 Smt. Krishna Devi Vs. The State & Ors 6