Delhi District Court
Neeraj Arora vs State on 16 September, 2023
____________________________________________________
IN THE COURT OF MS. DHANASHREE DEKA
ACJ-CUM-CCJ-CUM-ARC (NORTH), ROHINI COURT,
DELHI
SCC No. 34/19
In the matter of
Neeraj Arora
W/O LATE Sh. G C Arora
R/O 39, Dharam Kunj Apartment,
Sector-9, Rohini, New Delhi - 110085.
....PETITIONER
VERSUS
The State
.........RESPONDENT
Date of Institution : 12.03.2019
Date reserve for order : 17.07.2023
Date of pronouncement of judgment : 16.09.2023
JUDGMENT
1. The present petition has been filed u/s 372 of Indian Succession Act, 1925 for grant of succession certificate in respect of the debts/securities etc. left behind by Late Sh. G C Arora (hereinafter referred to as "deceased") i.e. shares in various companies bought through broker M/s Alankit Assignments Ltd. as well as certain shares of Tata Steel Ltd. (formerly known as Tata Iron and Steel Company Ltd.) held in the name of the deceased.
SCC No. 153/22 Neeraj Arora Vs. State Page No. 1/52. As per the petition, petitioner no.1 is the widow of the deceased. It is stated that the deceased expired intestate on 29.06.2018 and at that time, she was ordinarily residing at 39, Dharamkunj Apartments, Sector-9, Rohini, Delhi. Succession certificate has been sought in respect of the shares held by the deceased which are as under:
S. No. Company Number of Form Total
Shares Value (Rs.)
1 Balasore Alloys 126 Dematerialized 2891/-
Ltd.
2 HEG Ltd. 100 Dematerialized 2,39,860/-
3 Maral Overseas 100 Dematerialized 2600/-
Ltd.
4 NTPC Ltd. EQ 1304 Dematerialized 1,77,208/-
5 NTPC Ltd. SR-54 1304 Dematerialized 17,395/-
6 Power Grid 172 Dematerialized 31,751/-
Corporation of
India Ltd.
7 Reliance Capital 25 Dematerialized 2,905/-
Ltd.
8 Reliance 501 Dematerialized 2,605/-
Communications
Ltd.
9 Reliance Home 25 Dematerialized 601/-
Finance Ltd.
10 Reliance Industries 2004 Dematerialized 25,85,961/-
Ltd.
11 Reliance 37 Dematerialized 4,694/-
Infrastructure Ltd.
12 Reliance Power 150 Dematerialized 1,500/-
Ltd.
13 Sterlite Power 119 Dematerialized 238/-
Transmission Ltd.
SCC No. 153/22 Neeraj Arora Vs. State Page No. 2/5
14 Vedanta Ltd. 2856 Dematerialized 4,66,813/-
15 Tata Steel Ltd. 183 Certificate 86, 925/-
TOTAL 36,23,440/-
It is further stated that there is no impediment to the grant of succession certificate under the Succession Act in favour of the petitioner.
3. General public was informed by way of publication in a newspaper namely "Veer Arjun" dated 26.04.2019. However, despite publication, no one from general public has come forward to file objections for the issuance of succession certificate in favour of the petitioner.
4. Notice was issued to SDM, Alipur, Delhi to file the verification report as to the LRs of the deceased. Statement of Sh. Vikrant Kumar, CDV recorded as RW1 and he has filed the LRs report of deceased on behalf of the SDM office, which is exhibited as Ex.RW1/1. As per LR report, the deceased had left behind two legal heirs namely Neeraj Arora (widow/petitioner) and Surbhi Arora (daughter).
5. Summary proceedings were conducted as per Section 372 Indian Succession Act, 1925. It may be mentioned here that Ms. Manorama/mother of the deceased has also expired and said fact and court was apprised of the same by counsel for petitioner which finds mentioned in order dated 27.03.2021. Record also reveals that copy of death certificate of Ms. Manorama was also filed by the petitioner, which shows that Ms. SCC No. 153/22 Neeraj Arora Vs. State Page No. 3/5 Manorama had expired on 13.12.2020. As such, the only remaining legal heirs of the deceased are his widow/petitioner and his daughter namely Surbhi Arora.
6. In support of petition, petitioner tendered her evidence by way of affidavit as Ex. PW1/A. PW1 proved identity of herself as well as the other two LRs of the deceased namely Ms. Manorama (since deceased) and Ms. Surabhi vide Aadhar Cards in Ex.PW1/3 to Ex.PW1/5. PW1 proved the factum of death of deceased vide death certificate in Ex.PW1/1, the factum of death of mother of deceased i.e. Ms. Manorama vide death certificate in Ex.PW1/10 and the Surviving Member Certificate in Ex.PW1/2. PW1 proved the shares held by the deceased broker Ms. Alankit Assignments Ltd. vide document in Ex.PW1/6 and his share certificate held by the deceased vide documents in Ex.PW1/7.
7. Ms. Surabhi Arora, who is the daughter of the deceased gave her no objection statement if succession certificate for the aforesaid assets of the deceased is issued in the name of the petitioner. She proved her identity vide aadhar card in Ex.PW1/5 and also her affidavit NOCs in Ex.PW1/9.
8. From the testimony of PW1, it stands proved that shares as mentioned in para 2 above were held in the name of deceased. No impediment has been brought on record in respect of grant of succession certificate in favour of the petitioner.
SCC No. 153/22 Neeraj Arora Vs. State Page No. 4/59. Thus, considering that the petitioner is the legal heir of the deceased being his widow and that the remaining legal heir/daughter of the deceased (Ms. Surabhi Arora) has already given NOC in favour of the petitioner, petitioner is held entitled to succession certificate in respect of the shares mentioned in para 2 held in the name of deceased along with accrued interest, if any.
10. The succession certificate be issued in favour of the petitioner on furnishing of an Indemnity Bond of the same value with one surety of like amount each within one month from today. Petitioner to file court fees in terms of Article 12 Schedule 1 of the Court Fees Act as applicable to Delhi for issuance of the succession certificate.
11. It is clarified that succession certificate shall be considered only as an entitlement of the petitioner to receive the amount due towards deceased from so as to discharge the debtor(s).
File be consigned to Record-Room after due compliance.
Announced in the open court today i.e. on 16.09.2023.
(DHANASHREE DEKA) ACJ-CUM-CCJ-CUM-ARC NORTH DISTRICT, ROHINI COURT, DELHI SCC No. 153/22 Neeraj Arora Vs. State Page No. 5/5