Delhi District Court
Nemi Chand Jain And Others vs The State Of Nct Of Delhi And Others on 4 October, 2023
____________________________________________________
IN THE COURT OF MS. DHANASHREE DEKA
ACJ-CUM-CCJ-CUM-ARC (NORTH), ROHINI COURT,
DELHI
SCC No. 55/21
In the matter of
1. Sh. Nemi Chand Jain
S/o Late Sh. Shomag Mal Jain
R/o D-14/11, Third Floor,
Model Town-II, Delhi-110009
2. Sh. Amit Nemichand Jain
S/o Sh. Nemi Chand Jain
R/o E-154, Snehdhara Society,
Dadabhai Cross Road No. 3,
Near Hanuman Mandir, Vile Parle (West)
Mumbai, Maharashtra-400056.
3. Sh. Avinash Jain
S/o Sh. Nemi Chand Jain
R/o D-14/11, Third Floor,
Model Town-II, Delhi-110009
....PETITIONERS
VERSUS
1. THE STATE (THROUGH NCT OF DELHI)
THROUGH S.D.M. AZAD PUR FLYOVER,
NEAR NDPL OFFICE, KEWAL PARK EXTENSION,
KEWAL PARK, AZAD PUR, NEW DELHI-110033.
EMAIL: [email protected]
2. M/S. RELIANCE INDUSTRIES LTD.
MAKER CHAMBER IV, NARIMAN POINT
MUMBAI-400021 Email :[email protected]
.........RESPONDENTS
SCC No. 55/21 Nemi Chand and Ors. Vs. State Page No. 1/4
Date of Institution : 25.03.2021
Date reserve for order : 04.10.2023
Date of pronouncement of judgment : 04.10.2023
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 Smt. Usha Jain (hereinafter referred to as "deceased") i.e. 800 shares in Reliance Industries Ltd. bearing Folio No. 042260681 held in the name of the deceased.
2. As per the petition, petitioner no. 1 is the husband and petitioner no. 2 and petitioner no. 3 are the sons of the deceased. It is stated that the deceased expired intestate on 27.03.2005. Succession certificate has been sought in respect of the 800 shares with Reliance Industries Ltd. bearing Folio No. 042260681 held by the deceased. It is further stated that there is no impediment to the grant of succession certificate under the Succession Act in favour of the petitioner no. 1.
3. General public was informed by way of publication in a newspaper namely "Veer Arjun" dated 30.11.2021. 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, Model Town, Delhi to file the verification report as to the LRs of the deceased. Statement of Sh. Vinod Kumar, recorded as RW1 and he has filed SCC No. 55/21 Nemi Chand and Ors. Vs. State Page No. 2/4 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 only three legal heirs namely Nemi Chand Jain (husband/petitioner no. 1), Avinash Jain (son/petitioner no. 2) and Amit Jain (husband/petitioner no. 3)
5. Summary proceedings were conducted as per Section 372 Indian Succession Act, 1925. Record also reveals that copy of death certificate of was also filed by the petitioner, which shows that Smt. Usha Jain had expired on 27.03.2005.
6. In support of petition, petitioner no. 1/Sh. Nemi Chand tendered evidence by way of affidavit as Ex.PW1/A. PW1 proved factum of death of deceased vide death certificate in Ex.PW1/1. PW1 proved identity of petitioner no. 2 and petitioner no. 3 vide documents in Ex.PW1/2. PW1 also proved the letter dt. 19.12.2020 issued by respondent no. 2 qua assets of deceased in Ex.PW1/3.
7. Petitioner no. 2/Sh. Amit Jain and Petitioner no. 3/Sh. Avinash Jain, who are the sons of the deceased, gave their no objection statement if succession certificate for the aforesaid assets of the deceased is issued in the name of the petitioner no.
1. They proved their identity vide aadhar card in Ex.RW2/1 and Ex.RW3/1 respectively.
8. From the testimony of PW1, it stands proved that 800 shares in Reliance Industries Ltd. were held in the name of the deceased vide Folio No. 042260681. No impediment has SCC No. 55/21 Nemi Chand and Ors. Vs. State Page No. 3/4 been brought on record in respect of grant of succession certificate in favour of the petitioner no. 1.
9. Thus, considering that the petitioner is the legal heir of the deceased being his husband and that other legal heirs gave their no objection in favour of petitioner no. 1, petitioner no. 1 is held entitled to succession certificate in respect of the 800 shares of M/s Reliance Industries Ltd. held in the name of the deceased vide Folio Number 042260681 along with accrued interest, if any.
10. The succession certificate be issued in favour of the petitioner no. 1 on furnishing of an Indemnity Bond of the same value with one surety of like amount each within one month from today. Petitioner no. 1 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 no.1 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 04.10.2023.
(DHANASHREE DEKA) ACJ-CUM-CCJ-CUM-ARC NORTH DISTRICT, ROHINI COURT, DELHI SCC No. 55/21 Nemi Chand and Ors. Vs. State Page No. 4/4