Delhi District Court
Sanchi Gupta And Anr vs State on 16 February, 2024
IN THE COURT OF ADMINISTRATIVE CIVIL JUDGE-
CUM-ADDITIONAL RENT CONTROLLER (CENTRAL) :
DELHI
PRESIDED OVER BY: MS. MEDHA ARYA
Petition No. : SC/230/2021.
CIS No. DLCT03-005970-2021
In the matter of:-
1. Sanchi Gupta
W/o Sh. Ankit Gupta,
D/o Late Sh. Radhey Shyam Goel &
Late Smt. Mithlesh Goel
R/o A-770, Block-A,
Shastri Nagar, Delhi-110052.
2. Sahil Goel
S/o Late Sh. Radhey Shyam Goel &
Late Smt. Mithlesh Goel
R/o E-2, 190-191, Upper Ground Floor,
Shastri Nagar, Delhi-110052.
....Petitioners
Versus
1. The State (Govt. of NCT of Delhi),
Central District,
Through Its District Magistrate,
Daryaganj,
New Delhi-110002.
.....Respondent
Date of Institution : 23.12.2021
Date of order when reserved : 14.02.2024
Date of order when announced : 16.02.2024
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 Smt. Mithlesh Goel (hereinafter referred Petition no. SC/230/21 Sanchi Gupta & Anr. Vs. The State 1/7 as 'the deceased').
2. It is averred that deceased Smt. Mithlesh Goel W/o. Sh. Radhey Shyam Goel, died on 17.06.2020 at Delhi. It is stated that the deceased was the ordinary resident of E-2, 190/191, Shastri Nagar, Delhi, which falls within the jurisdiction of this Court. It is further stated that deceased is survived by two legal heirs i.e. one daughter and one son, being petitioners no. 1 and 2.
3. It is averred that the the deceased has left behind debts and securities as mentioned in Annexure-F to Annexure-J of the petition. In the petition, petitioner has prayed for grant of succession certificate in respect of debts and securities as mentioned in Annexure-F to Annexure-J of the petition since the deceased died intestate.
4. Petitioners no. 1 and 2 have stated themselves to be the daughter and son respectively of the deceased. They have impleaded the State as respondent no. 1.
5. After filing of this petition, notice was given to the general public by way of publication in the newspaper "Indian Express" dated 15.01.2022, but no one appeared from general public to oppose or contest the present petition.
6. In order to substantiate their case, petitioners examined 07 witnesses i.e. PW-1 to PW-7.
7. PW-1 Mr. Deepak Mittal, MTS, Delhi Swastic Co- operative Urban Thrift and Credit Society Ltd., Shakti Nagar, Petition no. SC/230/21 Sanchi Gupta & Anr. Vs. The State 2/7 Delhi-110007 exhibited the certified copy of statement of membership account bearing no. 13483 lying in the name of deceased as Ex.PW-1/2(Colly.), as per which the total amount lying in the name of the deceased is Rs.25,360/-.
8. PW-2 Mr. Ravi Thakur, Officer Grade-II, Indraprastha Sehkari Bank Ltd., A-101, Wazirpur Group Industrial Area, Delhi- 110052 exhibited the certified copy of 20 shares of Indraprastha Sehkari Bank Ltd. as Ex.PW-2/2, as per which the total valuation of the said shares is Rs.500/-.
9. PW-3 Mr. Shantilal Chaplot, AR of the Alankit Assignment Ltd, 205-208, Anarkali Complex, Jhandewalan, New Delhi brought on record the certified copy of Holdings in Demat account bearing Client ID no. 10216434 lying in the name of deceased as Ex.PW-3/3(Colly.), and as per the valuation report of Alankit Assignment filed by the petitioner, the tentative market value of the same is Rs.9,30,134.85p.
10. PW-4 Mr. Prateek Kumar, Officer, Bank of Baroda, Kamla Nagar Branch, Delhi exhibited the certified copy of statement of saving account bearing no. 89810100012626 lying in the name of deceased as Ex.PW-4/2, as per which the total amount lying in the name of the deceased is Rs.3,71,915.62p.
11. PW-5 Mr. Ranjan Kumar, AAO, LIC Branch No. 11K, Karol Bagh, Delhi exhibited the certified copy of status report of LIC Policy bearing no. 127533445 lying in the name of deceased as Ex.PW-5/1, as per which the total amount payable is Rs.2,00,000/-.
Petition no. SC/230/21 Sanchi Gupta & Anr. Vs. The State 3/7
12. Petitioner no. 2 took the witness stand as PW-6. PW-6 tendered his evidence by way of affidavit Ex.PW-6/A. PW-6 further relied upon the following documents:
(i) Annexure-A of the petition i.e. Aadhaar card of petitioner no.1 as Ex. PW-6/1 (OSR).
(ii) Annexure-B of the petition i.e. Aadhaar card of petitioner no. 2 as Ex. PW-6/2 (OSR).
(iii). Annexure-C of the petition i.e. the death certificate of Sh. Radhey Shyam Goel as Ex. PW-6/3 (OSR).
(iv) Annexure-D of the petition i.e. the death certificate of deceased as Ex. PW-6/4 (OSR).
(v) Annexure-E of the petition i.e. Aadhaar Card and PAN Card of deceased as Ex. PW-6/5 (OSR) (Colly.).
(vi) Copy of Surviving Member Certificate of the deceased as Ex. PW-6/6 (OSR).
PW-6 deposed that deceased Smt. Mithlesh Goel, being his late mother, expired on 17.06.2020 at Delhi. PW-6 testified that besides him, the deceased has left behind one daughter, who is petitioner no. 1 in the present petition. PW-6 also testified that petitioner no. 1 is claiming her respective share in the debts and securities of the deceased which is the subject matter of the present petition. PW-6 further testified that the husband of the deceased namely Sh. Radhey Shyam Goel predeceased the deceased. PW-6 also testified that the deceased did not execute any Will during his life time. PW-6 further testified that the deceased has left behind debts and securities as mentioned in the Annexures F to J of the petition. PW-6 also testified that the certified statements of debts and securities of the deceased have already been exhibited in the testimonies of PW-1 to PW-5 which Petition no. SC/230/21 Sanchi Gupta & Anr. Vs. The State 4/7 are already on record. It has been stated by PW-6 that the deceased was residing within the territorial jurisdiction of this Court prior to her death, and there is no impediment for grant of succession certificate in his favour and in favour of petitioner no. 1 to the extent of their respective shares.
13. Testimony of petitioner no. 1 was recorded as PW-7. PW-7 claimed her respective share in the debts and securities of the deceased which is the subject matter of the present petition.
14. The Court has heard submissions advanced on behalf of the petitioners and has perused the record.
15. It is no longer res integra that succession petitions are to be decided summarily. Sec. 373 of the Indian Succession Act provides that a succession petition is to be decided in a summary manner and even if court cannot decide the right to the certificate without determining questions of law or fact which may seem to be too complicated and difficult for determination in a summary proceedings, the Court may nevertheless grant a certificate to a person if he appears to be the person having prima facie the best title thereto. Thus U/s. 373 of Indian Succession Act, only prima facie case is to be seen and other questions of law and fact which may be complicated are to be decided by a regular civil court.
16. In the case of Madhvi Amma Bhawani Amma and others Vs. Kunjikutty Pillai Meenakshi Pillai and others, Respondents. AIR 2000 Supreme Court 2301=2000 AIR SCW 2432 it was held as under :-
"The enquiry in proceedings for grant of succession Petition no. SC/230/21 Sanchi Gupta & Anr. Vs. The State 5/7 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 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 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".
17. Facts of the case shall be analyzed through the prism of legal position enunciated above.
18. As per uncontroverted testimony of PW-6, the deceased died intestate. Section 15(1) of the Hindu Succession Act, 1956 (hereinafter referred as 'the Act') provides that when a Hindu female dies intestate, her property shall first devolve upon her husband, and sons and daughters, including sons and daughters of the deceased. Since husband of deceased predeceased her, as per uncontroverted testimony of PW-6, it is her daughter and son who are entitled to her assets equally, i.e. petitioners no. 1 and 2 are entitled to succeed to the property of Petition no. SC/230/21 Sanchi Gupta & Anr. Vs. The State 6/7 the deceased simultaneously and equally.
19. As per death certificate of deceased, Ex.PW-6/4, she ordinarily resided within the territorial jurisdiction of this Court. The deceased died intestate qua debts and securities as mentioned in Annexure F to Annexure J in petition.
Total value of the securities held by deceased turn out to be Rs.15,27,910.47p.
20. In view of the evidence adduced by the petitioners 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 the petitioners, namely Sanchi Gupta and Sahil Goel to the extent of ½ share each in the debts and securities of the deceased, in terms of Ex.PW- 1/2, Ex.PW-2/2, Ex.PW-3/3, Ex.PW-4/2, Ex.PW-5/1, and Valuation report of Alankit Assignment, having total value of Rs.15,27,910.47p. Succession Certificate granted accordingly. Succession certificate be drawn on deposit of requisite proportionate court fee of Rs.38,197.76p (Rounded of to Rs.38,198/-) in terms of Article 12 Schedule 1 of Court Fees Act, 1870, as applicable in Delhi and on furnishing an Indemnity Bond with one surety within 45 days from today.
Petition is accordingly disposed of.
File be consigned to record room after due compliance.
Digitally signed by Medha Arya Medha Date:
Arya 2024.02.16
16:11:51
+0530
Announced in the open (MEDHA ARYA)
court on 16.02.2024 Administrative Civil Judge-cum-
Additional Rent Controller (Central)
Delhi.
Petition no. SC/230/21 Sanchi Gupta & Anr. Vs. The State 7/7