Delhi District Court
Smt. Jasbir Kaur vs (1)Jawaharlal Nehru University on 22 November, 2014
IN THE COURT OF SH. PRASHANT SHARMA, LD. ACJ/ARC/CCJ,
NEW DELHI DISTRICT, PATIALA HOUSE COURTS, NEW DELHI.
SUCCESSION CASE NO. 28/14
UID No. 02403C0048852014
Smt. Jasbir Kaur ... Petitioner
W/o. Late Sh. Manjit Singh,
R/o WZ44, Krishna Park, Gali NO 6,
nd
2 Floor, Tilak Nagar,
New Delhi110018.
Versus
(1)Jawaharlal Nehru University ... Respondent
Administration Branch, New Delhi110067
(Through Registrar)
(2)Sh. Harjeet Singh, S/o. Late Sh. Manjit Singh,
(3)Sh. Kamaljeet Singh, S/o. Late Sh. Manjit Singh,
(4)Sh. Kulbir Singh, S/o. Late Sh. Manjit Singh,
(5)Sh. Nanak Singh, S/o. Late Sh. Manjit Singh,
All R/o. WZ44, Krishna Park, Gali NO 6,
nd
2 Floor, Tilak Nagar,
New Delhi110018.
PETITION FOR GRANT OF SUCCESSION CERTIFICATE UNDER
SECTION 372 OF THE INDIAN SUCCESSION ACT, 1925.
Date of institution of the petition : 26.03.2014
Date on which judgment was reserved : 22.11.2014
Date of pronouncement of judgment : 22.11.2014
SC No. 28/14 Jasbir Kaur Vs. The State & Ors Page no.1
JUDGMENT
1. Applicant Smt. Jasbir Kaur has applied for succession certificate under the Indian Succession Act, 1925 in respect of debts and securities i.e. amount of Rs. 23,94,215/ lying in Administration BranchIII, Jawaharlal Nehru University, New Delhi110067.
2. The succession petition was filed and assigned to this court on 26.03.2014. Subsequently, besides service of notice of petition upon respondents, this Court also directed for publication of notice of succession petition in the daily newspaper "Statesman" having circulation in the National Capital Territory of Delhi for inviting objection, if any, from general public. Notice of filing of succession petition was accordingly published in daily newspaper "Statesman" in its issue dated 22.05.2014 but till date no objection to the grant of succession certificate in favour of applicant was received from general public.
3. Applicant examined herself by tendering her evidence by way of affidavit marked as Ex. P1. She reiterated the contents of her petition, already mentioned by me in my preceding paragraphs in her affidavit. She also referred to documents viz. Copy of Aadhar Card Ex.PW1/1, Copy of electricity bill Ex.PW1/2 and death certificate of deceased Late Sh. Manjit Singh Ex.PW1/3.
4. During petitioner's evidence, concerned official, appeared from SC No. 28/14 Jasbir Kaur Vs. The State & Ors Page no.2 Administration BranchIII, Jawaharlal Nehru University, New Delhi110067 and filed details pertaining to terminal benefits of Late Sh. Manjit Singh which is marked as Mark A.
5. SDM concerned filed verification report regarding verification of address of petitioner and LR's of deceased in question on 13.05.2014, which is on record. Subsequently petitioner's evidence stands closed.
6. During petitioner's evidence, statements of RW2 Harjit Singh, RW3 Kamaljit Singh, RW4 Kulbeer Singh and RW5 Nanak Singh were recorded in which they have stated that they have no objection qua the claim of applicant. Subsequently respondent's evidence stands closed.
7. After closure of petitioner's evidence, matter was fixed for judgment, after final arguments were heard by this Court.
8. Before deciding the present petition, it is noteworthy to mention here the relevant provision of law.
9. Section 373 subsection (3) of the Indian Succession Act, 1925 provides: 'If the Judge cannot decide the right to the certificate without determining questions of law or fact which seem to be too intricate and difficult for determination in a summary proceedings, he may nevertheless grant a certificate to the applicant if he appears to be the person having prima facie the best title thereto.' SC No. 28/14 Jasbir Kaur Vs. The State & Ors Page no.3
10. From the averments made in the petition filed under section 372 of the Indian Succession Act, 1925 and the statements of respondents, there is no objection to the grant of succession certificate in respect of applicant with regard to amount of Rs. 23,94,215/ lying in Administration BranchIII, Jawaharlal Nehru University, New Delhi110067.
11. Respondents/general public/legal representatives of deceased in question did not raise any objection pertaining to present application, despite publication in newspaper.
12. Applicant is a resident of New Delhi and therefore within the territorial jurisdiction of this Court. So this petition was filed within proper jurisdiction. Petitioner has made proper parties and has not left any relevant party. Applicant has claimed the securities on the basis of official record, which is placed on record. Averments made by applicant were corroborated by the official record and not disputed by any of the respondents. No public person had raised any objection to the claim of petitioner.
13. From the avernments made in the petition and evidence before me, I find that there is no legal embargo for issuance of succession certificate in favour of the applicant, who is one of legal heir of deceased in question, pertaining to amount of Rs. 23,94,215/ lying in Administration BranchIII, Jawaharlal Nehru University, New Delhi110067.
14. Accordingly, petition is allowed and succession certificate be issued to applicant Smt. Jasbir Kaur, W/o. Late Sh. Manjit Singh on filing of requisite SC No. 28/14 Jasbir Kaur Vs. The State & Ors Page no.4 court fees of Rs. 29855.38p/ only in terms of Article 12, Schedule I of the Court Fee Act 1870 as applicable to Delhi alongwith indemnity bond in the sum of Rs. 23,94,215/ with one surety in the like amount. Case file be consigned to record room after due compliance.
(PRASHANT SHARMA) Announced in the open court ARC/ACJ/CCJ: New Delhi on 22.11.2014 Patiala House Courts/22.11.2014 SC No. 28/14 Jasbir Kaur Vs. The State & Ors Page no.5 Smt. Jasbir Kaur VS. State & Ors.
SC NO. 28/14 22.11.2014 Present: Ms. Rinki Gupta counsel for Petitioner with petitioner.
Concerned official Administration BranchIII, Jawaharlal Nehru University, New Delhi appeared and has filed necessary report in compliance of last order. Same is taken on record and marked as Mark A. Rest of the formalities have been completed in this case.
Put up for order/judgement/clarification at 4.00 pm today itself.
(PRASHANT SHARMA)
ARC/ACJ/CCJ: New Delhi
Patiala House Courts/22.11.2014
It is 4.00 pm.
Present: As above.
Vide my judgment of even date, present petition for issuance of succession certificate is allowed.
File be consigned to record room after necessary compliance.
(PRASHANT SHARMA) ARC/ACJ/CCJ: New Delhi Patiala House Courts/22.11.2014 SC No. 28/14 Jasbir Kaur Vs. The State & Ors Page no.6