Delhi District Court
Smt. Shila Devi vs The State (Govt. Of Nct Of Delhi) on 3 October, 2016
IN THE COURT OF ACJCCJARC, SHAHDARA, KARKARDOOMA COURTS,
DELHI
Presided By : Sh. Jay Thareja, DJS
SC No. 59/2015
1. Smt. Shila Devi
Wd/o Late Sh. Ramesh Rai
2. Ms. Neha Kumari (minor) Aged 10 years
D/o Late Sh. Ramesh Rai
3. Master Saurav Kumar (minor) Aged 6 years
S/o Late Sh. Ramesh Rai
4. Master Gaurav Kumar (minor) Aged 6 years
S/o Late Sh. Ramesh Rai
Through their mother and natural guardian
namely Smt. Shila Devi Wd/o Late Sh. Ramesh Rai
All permanent R/o House No.59, Village & Post Mahthi,
District Samastipur, StateBihar.
Presently at House No. 51/5, Arya Nagar, Delhi110092. .... Petitioners
Versus
1. The State (Govt. of NCT of Delhi)
Through S.D.M. Anand Vihar,
Delhi110092.
2. The Branch Manager
Central Bank of India,
Anand Vihar Branch at C53,
Anand Vihar, Main Vikas Marg,
New Delhi110092. .... Respondents
PETITION FOR GRANT OF SUCCESSION CERTIFICATE UNDER SECTION 372
OF THE INDIAN SUCCESSION ACT, 1925
1. Date of Institution of Petition : 21.08.2015
2. Judgment Reserved on : 22.09.2016
3. Date of Judgment : 03.10.2016
4. Decision : Petition Allowed
JUDGMENT
1. This Judgment disposes off a petition filed by Smt. Shila Devi, Ms. SC No.59/2015 Shila Devi v State & Ors.
Page no.1 of 5 Neha Kumari, Master Saurav Kumar and Master Gaurav Kumar for grant of succession certificate in their favour qua savings bank account no.3098035201 of Late Sh. Ramesh Rai at Central Bank of India, Anand Vihar Branch, Delhi.
2. In the petition, it is pleaded that at the time of his death, Late Ramesh Rai was ordinarily residing within the territorial jurisdiction of this Court i.e. at House No. 51/5, Arya Nagar, near Daya Nand vihar, Delhi110092; that the petitioners are the wife and children of Late Sh. Ramesh Rai; that apart from the petitioners, there are no other surviving legal heirs of the deceased, Late Sh. Ramesh Rai and that there is no legal impediment in the grant of the desired succession certificate to the petitioners.
3. The record of the Court file reflects that the notice of this petition was given to the general public by way of publication in the newspaper 'Mahamedha' on 11.11.2015. In response to the notice, no person from the general public had come forward to offer any objection(s) qua grant of succession certificate to the petitioners.
4. During the summary proceedings conducted as per Section 373 of the Indian Succession Act, 1925, two persons were examined viz. PW1 Smt. Shila Devi and RW1 Mayank Aggarwal. The petitioners, Ms. Neha Kumari, Master Saurav Kumar and Master Gaurav Kumar were not examined due to their tender age.
5. During her testimony, PW1 Smt. Shila Devi had deposed in line with the petition. In support of her testimony, PW1 Smt. Shila Devi had relied upon documents viz. aadhar card, Ex.PW1/1 (OSR), election ID card, Ex.PW1/2 (OSR), ration card, Ex.PW1/3 (OSR), passbook of savings book account no. 3098035201, SC No.59/2015 Shila Devi v State & Ors.
Page no.2 of 5 Ex.PW1/4 (OSR), complaint DD No.25A dated 25.10.2014, Ex.PW1/5 (OSR), postmortem report no.1954/2014 dated 26.10.2014 of late Sh. Ramesh Rai, Ex.PW1/6 (OSR), letter dated 26.10.2014 issued by Dr. Jitendra Pratap Singh, Sr. Resident, Subzi Mandi Mortuary, Aruna Asaf Ali Govt. Hospital, Ex.PW1/7 (OSR), newspaper Dainik Jagaran dated 27.10.2014, Ex.PW1/8 (OSR) and death certificate of late Sh. Ramesh Rai, Ex.PW1/9.
6. During his testimony, RW1 Sh. Mayank Aggarwal, Assistant Bank of India, Anand Vihar Branch, Delhi had proved on record his visiting card, Ex.RW1/1, the statement of savings bank account no.3098035201, Ex.RW1/2, in the name of late Sh. Ramesh Rai, having credit of Rs.8,07,770/ and true copy of savings bank account opening form, Ex.RW1/3.
7. I had heard Sh. A.R. Verma, Ld. Advocate for the petitioners on 22.09.2016. During arguments, Ld. Advocate for the petitioners had referred to the testimony of PW1 Smt. Shila Devi and submitted that it is sufficient to conclude that the petitioners are the surviving legal heir of Late Sh. Ramesh Rai. Also, the Ld. Advocate for the petitioners had referred to the testimony of RW1 Mayank Aggarwal and submitted that it establishes that Late Sh. Ramesh Rai has left behind the savings bank account no. 3098035201 at Central Bank of India, Anand Vihar Branch, Delhi and the said bank account has credit balance of Rs.8,07,770/. On the combined strength of the aforesaid submissions, the Ld. Advocate for the petitioners had submitted that this Court should grant the succession certificate to the petitioners in respect of savings bank account no. 3098035201 in the name of Late Sh. Ramesh Rai at Central Bank of India, Anand Vihar Branch, Delhi.
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8. I have considered the submissions made by the Ld. Advocate for the petitioners. Also, I have perused the record of the Court file, particularly the testimonies of PW1 Smt. Shila Devi and RW1 Sh. Mayank Aggarwal. The testimony of PW1 Smt. Shila Devi proves that the petitioners are the surviving legal heirs of Late Sh. Ramesh Rai. The testimony of RW1 Sh. Mayank Aggarwal proves that there is savings bank account no. 3098035201 with credit balance of Rs.8,07,770/ in the name of Late Sh. Ramesh Rai at Central Bank of India, Anand Vihar Branch, Delhi. In view of the aforesaid, in my view there exists no impediment in grant of succession certificate in favour of the petitioners qua the savings bank account no.3098035201 with credit balance of Rs.8,07,770/ in the name of Late Sh. Ramesh Rai at Central Bank of India, Anand Vihar Branch, Delhi. Accordingly, it is directed that succession certificate be issued in favour of the petitioners in respect of savings bank account no.3098035201 with credit balance of Rs.8,07,770/ in the name of Late Sh. Ramesh Rai at Central Bank of India, Anand Vihar Branch, Delhi. The petitioners shall file the requisite Court fees and indemnity bond with one surety, within 15 days from today.1
9. The succession certificate shall be considered only as an entitlement of the petitioners to receive the amount due towards Late Sh. Ramesh Rai at Central Bank of India, Anand Vihar Branch, Delhi. The succession certificate shall not be considered as a direction to Central Bank of India, Anand Vihar Branch, Delhi to release the aforesaid amounts to the petitioners. The Central Bank of India, Anand Vihar Branch, Delhi shall be competent to seek compliance of formalities, if any to be fulfilled by petitioners for release of the aforesaid amount.
1 The succession certificate shall state that it is being issued in the name of petitioners no. 2 to 4, through their natural guardian, Smt. Shila Devi. Also, the indemnity bond shall be signed on behalf of petitioners no.2 to 4 by their natural guardian, Smt. Shila Devi.
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10. The case shall be taken up for filing of requisite Court fees and indemnity bond with one surety, by the petitioners on 20.10.2016.
Announced in the Open Court (Jay Thareja)
On 03.10.2016 ACJCCJARC, Shahdara District
Delhi
SC No.59/2015
Shila Devi v State & Ors.
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