Delhi District Court
Neera Grover vs . State & Ors. on 12 February, 2020
IN THE COURT OF SH. AKASH JAIN, ACJ/CCJ/ARC(WEST)
TIS HAZARI COURTS, DELHI
SC No.: 156/2018
Neera Grover Vs. State & Ors.
Smt. Neera Grover
W/o Late Sh. Raj Kumar Grover
R/o Road No-43, House No-35
1st Floor, Punjabi Bagh, New Delhi-110026
...... Petitioner
Versus
1. State of NCT of Delhi
2. Reliance Industries Ltd.
UG-Ground Floor Gopal Dass Building
28 Barakhama Road, New Delhi-110001
3. Piramal Enterprises Limited
Erstwhile Known as Nicolas Piramal India Ltd.
Piramal Agastya Corporate Park
B-Wing, Ground Floor, Opposite Fire Brigade
Kamani Junction, Kurla (West), Mumbai-400070
4. ICICI Bank Limited
ICICI Bank Towers
Banadara-Kurla Complex, Mumbai-400051
5. Chennai Petroleum Corporation Limited
536, Anna Salai, Teynampet, Chennai-600018
6. Indian Toners & Developers Ltd.
10.5 KM Mile Stone, Rampur-Bareilly Road
Rampur, Uttar Pradesh-244901
SC No.: 156/2018 Page No. 1 of 7
Neera Grover Vs. State & Ors.
7. Birla Ericsson Optical Ltd.
Udhyog Vihar, P.O. Chorhata
Rewa, Madhya Pradesh-486006
8. Manglore Refinery and Petrochemicals Ltd.
Mudapadav, Kuthethoor, P.O. Via Katipalla
Manglore, Karnataka-575030
9. Sh. Ramit Grover
S/o Sh. Raj Kumar Grover
R/o Road No. 35, 1st Floor, Punjabi Bagh
New Delhi-110026
10. Sh. Ritesh Grover
S/o Sh. Raj Kumar Grover
R/o Road No. 35, 1st Floor, Punjabi Bagh
New Delhi-110026
11. Ms. Usha Khanna
W/o Sh. Anil Kumar Khanna
R/o 205, Ambika Apartment, Sector-14
Rohini Apartment, New Delhi-110085
12. Mr. Ravinder Grover
S/o Late Sh. Bhagwan Dass Grover
R/o Road No. 43, House No. 35
2nd Floor, Punjabi bagh, New Delhi-110026
......Respondents
Date of Institution : 23.10.2018
Date of reserving Judgment : 28.01.2020
Date of decision : 12.02.2020
JUDGMENT
1. The present succession petition has been filed under Section 372 of Indian Succession Act, 1925 (hereinafter, referred to as 'the Act') by SC No.: 156/2018 Page No. 2 of 7 Neera Grover Vs. State & Ors.
Smt. Neera Grover (hereinafter, referred to as 'the petitioner') daughter- in-law of Late Smt. Pushpa Rani and Sh. Raj Kumar Grover (hereinafter, referred to as 'the deceased persons') for grant of succession certificate in respect of debts & securities in the name of deceased.
2. The petition was instituted on 23.10.2018. Notice of the petition was issued to the general public by way of publication which was served on 19.03.2019 through newspaper 'Veer Arjun'. None from the general public filed any objections.
3. Respondents no. 9, 10 and 12 appeared in the court on 10.04.2019 and vide their separate statements, gave no objection qua grant of succession certificate to the petitioner. Respondent no. 11 filed her no objection by way of affidavit qua grant of succession certificate to the petitioner.
4. Statement of RW-2 Sh. Abhishek Kumar, Deputy Manager Legal, Karvy Fintech Pvt. Ltd., Karvy Selenium Tower B, Plot Nos. 31 & 32, Financial Distt., Hyderabad-500032 was recorded on 16.05.2019 who had brought the details in respect of shares in Reliance Industries Ltd. Vide folio no. 125937309 bearing certificates no. 57505516 (36 in number), 622248831 (36 in no.) & 66938522 (72 in no.) and folio no. 125336411 bearing certificates no. 57505498 (81 in no.), 62224830 (81 in no.) & 66420705 (162 in no.). He further stated that the folio no. 125937309 is in the name of Late Smt. Pushpa Rani & Late Sh. Raj Kumar Grover (Jointly); the folio no. 125336411 is in the name of Late Sh. Raj Kumar Grover. He SC No.: 156/2018 Page No. 3 of 7 Neera Grover Vs. State & Ors.
filed the statement vide Ex. RW2/A. He also deposed that he was also authorized to make statement on behalf of respondent no. 5 namely Chennai Petroleum Corporation Ltd and filed the details of the shares vide Folio no. MRL003904 bearing certificate no. 273937 (100 shares) in the name of Late Sh. Raj Kumar Grover received vide email dated 14.05.2019 vide Ex. RW2/A1. He had also filed copy of his identity card vide Ex.RW2/B (OSR).
5. Statement of RW-4 Sh. Sanjay Sharma, Legal Manager, Emp. Code 105531, ICICI Bank, NBCC Place, Bhisham Pitamah Marg, Pragati Vihar, Lodhi Road, New Delhi-110003 was also recorded on 16.05.2019 who had brought the details in respect of shares in ICICI Bank Ltd. vide folio no. 1051106 bearing certificates no. 46189 (125 shares) and 936826 (12 shares) in the name of Late Sh. Raj Kumar Grover and filed the same vide Ex. RW4/A.
6. Statement of RW-6 Sh. Dileep Kumar Rastogi, Senior Manager (Secretarial) of Indian Toners & Developers Ltd, 1223, DLF Tower, Jasola, New Delhi-110025 was also recorded on 16.05.2019 who had brought the details in respect of shares in Indian Toners & Developers Ltd. vide folio no. 36969 (100 shares) in the name of Late Sh. Raj Kumar Grover and filed the statement vide Ex. RW6/B.
7. Reply/affidavit was filed in the court on behalf of respondent no. 3 i.e. Piramal Enterprises Limited on 10.04.2019 which elucidates 25 shares in the name of Sh. Raj Kumar Grover and reply was also filed on SC No.: 156/2018 Page No. 4 of 7 Neera Grover Vs. State & Ors.
behalf of respondent no. 7 i.e. Birla Ericsson Optical Ltd. which mentions total number of 100 shares in the name of Sh. Raj Kumar Grover.
8. Statement of PW-1 Smt. Neera Grover/the petitioner was recorded on 25.11.2019 who stated that she is the daughter-in-law of Late Smt. Pushpa Rani, who passed away on 26.01.2004 and deposed that she is the wife of Late Sh. Raj Kumar Grover, who passed away on 17.08.2016. She further deposed that deceased persons had left behind the petitioner and respondents no. 9 to 12 namely Sh. Ramit Grover, Sh. Ritesh Grover, Ms. Usha Khanna and Sh. Ravinder Grover as the only surviving legal heirs. She further deposed that there is no other legal heir except them. She stated that deceased persons namely Smt. Pushpa Rani and Sh. Raj Kumar Grover had not executed any Will during their life time. She relied upon the following documents :-
1.Ex. PW 1/A :Death certificate of Late Smt. Pushpa Rani.
2.Ex. PW 1/B :Death certificate of Late Sh. Raj Kumar Grover.
3.Ex PW 1/C (OSR) :Copy of her aadhar card.
Petitioner concluded her evidence on 25.11.2019.
9. Final arguments were addressed. Vide separate statement dated 28.01.2020, Ld. Counsel for the petitioner withdrew the prayer clause qua shares of Mangalore Refinery and Petrochemicals Limited bearing folio number 00928666 under the instructions of petitioner, as such, SC No.: 156/2018 Page No. 5 of 7 Neera Grover Vs. State & Ors.
the claims qua folio number 00928666 stood dropped. I have gone through the record carefully.
10. In Madhvi Amma Bhawani Amma & Ors. Vs. Kunjikutty Pillai Meenakshi, AIR 2000 SC 2301, 2000 (3) ALT 35 SC, 2001 (49) BLJR 813, it was held by Hon'ble Supreme Court as under:
"...The enquiry in proceedings for grant of succession 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 the deceased and prevent their being time-barred, 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 debt. The grant of a certificate to a person does not give him an absolute right to the debt nor does it bar a regular suit for adjustment of the claims of the heirs inter se..."
11. By way of the evidence led, the petitioner has proved her averments and documents relied upon. No impediment under Section 370 of Act has come to light which restricts the grant of certificate to the petitioner. Respondents no. 9 to 12 their no objection qua grant of succession certificate to the petitioner. Thus, the petitioner is entitled to the debts and securities of the deceased, as per Ex. RW 2/A, Ex. RW 2/A1, Ex. RW 4/A, Ex. RW 6/B as well as reply filed on behalf of respondent no. 3 i.e. Piramal Enterprises Limited on 10.04.2019 and reply filed on behalf of respondent no. 7 i.e. Birla Ericsson Optical Ltd.
SC No.: 156/2018 Page No. 6 of 712. The Court accordingly directs that succession certificate be issued in the name of petitioner Neera Grover in respect of debts and securities in the name of deceased as per Ex. RW 2/A, Ex. RW 2/A1, Ex. RW 4/A, Ex. RW 6/B as well as reply filed on behalf of respondent no. 3 i.e. Piramal Enterprises Limited on 10.04.2019 and reply filed on behalf of respondent no. 7 i.e. Birla Ericsson Optical Ltd.
13. Court fees and indemnity bond with one surety be filed by the petitioner within 15 days.
14. No further order is required to be passed. File be consigned to the Record Room after due compliance.
Digitally
signed by
AKASH
AKASH JAIN
JAIN Date:
2020.02.13
14:07:11
+0530
ANNOUNCED IN THE OPEN (AKASH JAIN)
COURT ON 12.02.2020 ACJ/CCJ/ARC
(WEST)/THC/DELHI
Containing 7 pages all signed by the presiding officer.
Digitally signed by AKASH JAIN AKASH Date:
JAIN 2020.02.13
14:07:16
+0530
(AKASH JAIN)
ACJ/CCJ/ARC
(WEST)/THC/DELHI
SC No.: 156/2018 Page No. 7 of 7
Neera Grover Vs. State & Ors.