Delhi District Court
Amit Agarwal vs State And Ors on 26 August, 2025
IN THE COURT OF MS. SHILPI SINGH, ACJ-cum-CCJ-cum-ARC, SOUTH
DISTRICT COURTS COMPLEX, SAKET, DELHI
SC No. 132/2024
CNR No. DLST03-001908-2024
1. Amit Agarwal
S/o Late Sh. S K Agarwal
R/o C-19, First Floor, Shivalik,
Malviya Nagar, New Delhi-110017
........Petitioner
Versus
1. State Through SDM Hauz Khas
New Delhi 110068
2. Indra Agarwal
W/o Late Sh. Satish Kumar Agarwal
R/o C-19, First Floor, Shivalik,
Malviya Nagar, New Delhi-110017
3. RSWM Limited
Regd. Office-Kharigram, P.B. No. 28,
P.O. Gulabpura-311021,
Distt. Bhilwara, Rajasthan
4. Tata Steels Limited (Tata Metaliks)
Regd. Office- 2nd Floor, Bombay House,
24, Homi Mody Street, Fort, Mumbai-400001
5. HEG Limited
Regd. Office-Mandideep (near Bhopal)
Distt. Raisen-462046
Madhya Pradesh, India
6. Hindustan Unilever Limited
Regd. Office- Unilever House,
B.D. Sawant Marg,
Succ. Court 132 of 2024 AMIT AGARWAL Vs. STATE AND ORS Pages 1 of 9
Digitally
signed by
SHILPI
SHILPI SINGH
SINGH Date:
2025.08.26
16:25:13
+0530
Chakala, Andheri (E),
Mumbai-400099
7. Reliance Industries Ltd.
Regd. Office- 3rd Floor, Maker
Chambers IV, 222, Nariman Point,
Mumbai, Maharashtra-400021
8. MCS Registrars
F-65, 1st Floor,
Okhla Industrial Area,
Phase 1, New Delhi-110020
9. MUFG Intime India Private Limited
(Formerly Link Intime India Private Limited)
C-101, 1st Floor, 247, Park,
L.B.S. Marg, Vikhroli (West),
Mumbai-400083
10. Kfin Technologies Limited
Selenium Tower B, Plot No.31-32,
Gachibowli, Financial District,
Nanakramguda, Seri, Hyderabad-500032,
Telangana
.........Respondents
PETITION FOR GRANT OF SUCCESSION CERTIFICATE UNDER
SECTION 372 OF THE INDIAN SUCCESSION ACT, 1925
1. Date of Institution of Petition : 24.12.2024
2. Date of Judgment : 26.08.2025
3. Decision : Petition Allowed.
JUDGMENT
1. Vide this judgment, this Court shall dispose off the petition filed by petitioner for grant of succession certificate qua debts and securities of deceased late Sh. Satish Kumar Agarwal @ Sh. Satish Kumar Agarwala @ Sh. S.K. Agarwal @ Sh. S.K. Agarwala, who is stated to have expired on 25.05.2020.
Succ. Court 132 of 2024 AMIT AGARWAL Vs. STATE AND ORS Pages 2 of 9 Digitally signed by SHILPI SHILPI SINGH SINGH Date:
2025.08.26 16:25:21 +0530
2. In the petition, it is inter-alia pleaded that petitioner is the son of late Sh.
Satish Kumar Agarwal @ Sh. Satish Kumar Agarwala @ Sh. S.K. Agarwal @ Sh. S.K. Agarwala (hereinafter called the deceased) and respondent no.2 is the wife of the deceased and apart them, there are no other legal heirs of the deceased. As far the jurisdiction is concerned, it is submitted that the ordinary place of residence of the deceased was C-19, Second Floor, Shivalik, Malviya Nagar, New Delhi-110017, which is within the jurisdiction of this Court.
3. Notice of this petition was given to the general public by way of publication in the newspaper 'Veer Arjun' on 13.01.2025. In response to the notice, no person from the general public came forward to file any objection for issuance of succession certificate in favor of the petitioner.
4. During the summary proceedings conducted as per Section 373 of the Indian Succession Act, 1925, five persons were examined. Petitioner was examined as PW-1. Respondent no.2 and 6 were examined as RW2 and RW6, respectively. RW3 was examined on behalf of respondent no.3, 5 and 8 and RW7 was examined on behalf of respondent no.7 and 10.
5. PW-1 filed his evidence by way of affidavit as Ex.PW1/A, wherein he reiterated the contents of the petition and relied upon following documents:-
a) Ex.PW1/1 (OSR) i.e. copy of aadhar card of petitioner.
b) Ex.PW1/2 (OSR) i.e. copy of PAN card of petitioner.
c) Ex.PW1/3 (OSR) i.e. Copy of death certificate of the deceased.
d) Ex.PW1/4 (OSR) i.e. Copy of surviving member certificate.
e) Ex. RW2/A (mentioned as Ex.PW1/5 in Ex. PW1/A) i.e. NOC of respondent no.2.
Succ. Court 132 of 2024 AMIT AGARWAL Vs. STATE AND ORS Pages 3 of 9 Digitally signed by SHILPI SHILPI SINGH SINGH Date:
2025.08.26 16:25:27 +0530
f) Ex.PW1/6 (colly, from page 55 to 55) i.e. Share certificates.
g) Ex.PW1/7 (colly, running into 9 pages) i.e. Reply filed on behalf of respondent no.1.
i) Ex. PW1/8 (colly, running into 10 pages) i.e. Reply filed on behalf of respondent no.4 & 9.
6. Report was filed on behalf of respondent no.1. As per the report prepared by Tehsildar, Hauz Khas, the deceased Sh. Satish Kumar Agarwal expired on 25.05.2020 and left behind only two legal heirs i.e. petitioner Sh. Amit Agarwal and respondent no.2 Smt. Indra Agarwal.
7. RW2 Smt. Indra Agarwal deposed that deceased late Sh. Satish Kumar Agarwal was her husband, who expired on 25.05.2020. She further stated that she has no objection for issuance of succession certificate in favour of the petitioner qua the securities of the deceased. Her NOC was exhibited as Ex. RW2/A and copy of her ID proof's were exhibited as Ex. RW2/B (colly, 2 pages) (OSR).
8. RW-3 Mr. Shildendra Kumar Pathak is the Asst. Manager, MCS Share Transfer Agent Limited, who appeared on behalf of respondent no.3, 5 and
8. His authority letter was exhibited as Ex. RW3/A. RW3 brought the details of securities i.e. Ex. RW3/B (colly, 2 pages), registered in the name of Sh. S K Agarwala @ Sh. Satish Kumar Agarwal @ Sh. Satish Kumar Agarwala @ Sh. S.K. Agarwala i.e. the deceased, maintained by his company. Details of the securities brought by RW3 are as follows:
Name of the Folio No. company No. of shares Total approximate value (Rs.), as on 30.05.2025 Succ. Court 132 of 2024 AMIT AGARWAL Vs. STATE AND ORS Pages 4 of 9 Digitally signed by SHILPI SHILPI SINGH SINGH Date:
2025.08.26 16:26:13 +0530 00010159 RSWM Limited 400 70,000/-
00069132 HEG Limited 2000 10,46,000/-
As per RW3, there was no nominee for the abovementioned shares.
9. Reply was also filed on behalf of respondent no.4 and 9, as per which the deceased had 300 securities registered with M/s Tata Steel Limited under folio no.139080, the details of the securities are as follows:
Certificate Dist. No. from Dist. No. To No. of securities No. 00054452 17244101 17244200 100 00052500 17048901 17049000 100 00095212 21320101 21320200 100 Total: 300
10. In the report of respondent no. 4 and 9, copy of folio no.139080 dated 10.03.2025 issued by RTA of Tata Steel Limited was annexed as Annexure- R2. It is further explained in the reply that Tata Metaliks Limited was amalgamated with Tata Steel Limited, as sanctioned by the Hon'ble National Company Law Tribunal (NCLT), Kolkata Bench vide its order dated 21.12.2023 and Hon'ble NCLT, Mumbai Bench vide its order dated 11.01.2024, under the provisions of Section 230 to 232 and, other applicable provisions, if any, of the Companies Act, 2013. The witness explained the detail of entitlement of shares, as per scheme of amalgamation, to be as follows:
Folio No. (Tata No. of Shares in Tata Metaliks No. of Shares in Tata Steel Limited Metaliks Limited) Limited (F.V. Rs. 10/-) (F.V. Rs. 1/-) 139080 300 2370 Succ. Court 132 of 2024 AMIT AGARWAL Vs. STATE AND ORS Pages 5 of 9 Digitally signed by SHILPI SHILPI SINGH SINGH Date:
2025.08.26 16:26:20 +0530 Perusal of the reply would show that the market value of these 2370 shares, is Rs. 3,59,173.50/-, as on 07.03.2025. The said report was relied upon by PW1 during his evidence as Ex. PW1/8 (colly).
11. RW-6 Sh. Vikas Pandey is the AR of Kfin Technologies/RTA of HUL. His authority letter was exhibited as Ex. RW6/A. RW6 brought the details of securities i.e. Ex. RW6/B, registered in the name of the deceased, maintained by his company. Details of securities brought by RW6 are as follows:
Name of the Folio No. company No. of shares Total approximate value (Rs.), as on 18.06.2025 HLL2808894 HUL 3710 85,14,821.00/-
12. Sh. Vikas Pandey also appeared for respondent no.7 and 10 as the AR of Kfin Technologies. His authority letter was exhibited as Ex. RW7/A. He had brought the details of securities i.e. Ex. RW7/B (4 pages), registered in the name of the deceased, maintained by his company. Details of securities brought by RW7 are as follows:
Name of the Folio No. company No. of shares Total approximate value (Rs.), as on 20.02.2025 109921001 Reliance 504 6,21,000.00/-
(Satish Kumar Industries Ltd.
Agarwal) & 125332504 (S.K. Agarwal) Jio Financial 252 59,000/-
Service Succ. Court 132 of 2024 AMIT AGARWAL Vs. STATE AND ORS Pages 6 of 9 Digitally signed by SHILPI SHILPI SINGH SINGH Date:
2025.08.26 16:26:25 +0530
13. Final arguments were not addressed as the petitioner said that arguments are not required.
14. I have perused the record and considered the no objection given by respondent no.2. I have also gone through the relevant provisions of law. As per the facts of this case, prima facie, it can be said that the deceased died intestate with respect to securities described in Ex. PW1/8, Ex. RW3/B, Ex. RW6/B and Ex. RW7/B and no will was executed in favor of any person for these securities. The relevant law for grant of succession certificate and the mode of enquiry was laid down by the Hon'ble Apex Court in Madhvi Amma Bhawani Amma & Ors. v. Kunjikutty Pillai Meenakshi, AIR 2000 SC 2301:
" 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".
15. The ratio of above judgment indicates that the main object of a succession certificate is to facilitate collection of debts on succession and afford protection to the parties being debts to the representatives of deceased persons. All that the succession certificate purports to do is to facilitate the collection of debts, to regulate the administration of succession and to protect persons who deal with the alleged representatives of the deceased persons. The grant of a certificate does not establish title of the grantee as the heir of the deceased. A succession certificate is intended to protect the Succ. Court 132 of 2024 AMIT AGARWAL Vs. STATE AND ORS Pages 7 of 9 Digitally signed by SHILPI SHILPI SINGH SINGH Date:
2025.08.26 16:26:34 +0530 debtors, which means that where a debtor of a deceased person either voluntarily pays his debt to a person holding a certificate under the act, or is compelled by the decree of a court to pay to the person, he is lawfully discharged. Certificates are issued to heirs, non- heirs or nominees.
16. In light of the settled law and in light of oral and documentary evidence on record, it can be said that the deceased was resident of C-19, Second Floor, Shivalik, Malviya Nagar, New Delhi-110017, which is within the jurisdiction of this Court and he expired on 25.05.2020, as verified by report of R1. Further, as per the evidence on record, prima facie it can be said that the deceased left behind 2 legal heirs i.e. petitioner and respondent no. 2, however, in view of the no objection given by respondent no. 2 in favour of petitioner, the claim of petitioner in the present petition has gone unrebutted and un-controverted. Accordingly, in light of the said discussion and because no objection is raised by any party or any person from the public, there is no impediment under Section 370 of the Act to grant Succession Certificate in favor of petitioner Sh. Amit Agarwal, with respect to the following securities:
Name of No. of shares Total Value (in Rs.) S. no. Folio no. Security
1. 00010159 RSWM 400 70,000/- (as on Limited 30.05.2025)
2. 00069132 HEG Limited 2000 10,46,000/-(as on 30.05.2025)
3. HLL2808894 HUL 3710 85,14,821.00/- (as on 18.06.2025)
4. Reliance 504 6,21,000.00/- (as on 109921001 (Satish Industries Ltd. 20.02.2025) Succ. Court 132 of 2024 AMIT AGARWAL Vs. STATE AND ORS Pages 8 of 9 Digitally signed by SHILPI SHILPI SINGH SINGH Date:
2025.08.26 16:26:40 +0530 Kumar Agarwal) &
5. Jio Financial 252 59,000/- (as on 125332504 (S.K. Service 20.02.2025) Agarwal)
6. 139080 Tata Steel 2370 3,59,173.50/-, as on Limited 07.03.2025
17. Succession certificate be issued in favour of petitioner upon filing of requisite court fees and indemnity bond with one surety of like amount. It is made clear that this succession certificate shall be considered only as an entitlement of petitioner to receive the amount as stated above, (with up-to- date interest, if any). The respective department is at liberty to seek compliance of formalities, if any, as per their rules, for securing release of the amount.
18. File be consigned to record room after due compliance.
Digitally signed by SHILPI SHILPI SINGH SINGH Date:
Announced in the open Court 2025.08.26 16:26:46 +0530 on 26.08.2025 (SHILPI SINGH) ACJ-CCJ-ARC/South, Saket Court/Delhi Succ. Court 132 of 2024 AMIT AGARWAL Vs. STATE AND ORS Pages 9 of 9