Delhi District Court
Sh. Anil Prabhakar vs State on 8 December, 2016
IN THE COURT OF Ms. HARLEEN SINGH, ACJ/CCJ/ARC(WEST),
TIS HAZARI COURTS, DELHI
SC No.: 136/2016
Date of Institution : 26.09.2016
Date of decision : 08.12.2016
SH. ANIL PRABHAKAR
S/o Sh. R.L. Prabhakar
R/o Flat No. N-221,
Rajouri Apartments, Opp. GOI Press,
Rajouri Garden, Mayapuri,
South West Delhi,
Delhi-110064. ... Petitioner
Versus
1. STATE
2. MS. ANITA SHARMA
W/o Sh. Varun Sharma
A-401, RBCA Aprtments,
Plot No. 3, Sector-10, Dwarka,
New Delhi-110075.
3. DIRECTORS OF PRIAMAL ENTERPRISES LTD.
Office at : 247, Business Park,
A-Wing, 6th Floor, LBS Marg, Vikhroli (West),
Mumbai-400083, Maharashtra. ... Respondents
JUDGMENT
1. The succession petition has been filed under Section 372 of Indian Succession Act, 1925 by petitioner Sh. Anil Prabhakar for grant of succession certificate in respect of debts and securities of deceased Sh. R.L. Prabhakar S/o Late Sh. S.D. Prabhakar, who expired on 16.11.2007. The deceased has left behind his son namely Sh. Anil Prabhakar and SC No. 136/2016 Page 1 of 4 daughter Ms. Anita Sharma as the only Class-I legal heirs.
2. After filing the petition, notice of the petition was given to the general public by publication in the newspaper 'Veer Arjun' dated 17.11.2016 but none appeared from general public to oppose or contest the petition.
3. Statement of petitioner Sh. Anil Prabhakar was recorded as PW-1 on 02.12.2016 wherein he stated that deceased Sh. R.L. Prabhakar was his father who expired on 16.11.2007. His original death certificate is Ex.PW1/1. PW-1's mother Smt. Asha Prabhakar expired on 15.02.2013. Her original death certificate is Ex.PW1/2. Parents of the deceased namely Sh. Saran Dass Prabhakar and Smt. Krishna Kaur expired about 50 years ago. Deceased has left behind PW-1 (petitioner herein) and daughter Ms. Anita Sharma as the only Class-I legal heirs. There is no other Class-I legal heir except as stated above. Deceased had not executed any Will during his life time. PW-1 further stated that deceased Sh. R.L. Prabhakar had 220 shares of Piramal Enterprises Ltd. and 10 shares of Piramal Glass Ltd. jointly with his wife Smt. Asha Prabhakar. The depository LinkIntime issued a letter in respect of said shares, copy thereof is Mark-A(colly-2 pages). PW-1 furnished copy of his Aadhar card as proof of identity and the same is Ex.PW1/3. Original of the same was returned after perusal.
4. Statement of Sh. Naresh Bhola, Executive (Corporate Affairs), Piramal Enterprises Ltd. At 247, Business Park, A-Wing, 6 th Floor, LBS Marg, Vikrauli West, Mumbai was recorded on 02.12.2016 wherein he produced the details in respect of shares 220 (215+5) of Piramal Enterprises Ltd. And 10 shares of Piramal Glass Ltd., all in the joint name of late Smt. Asha Prabhakar and Sh. Ramlubhaya Prabhakar. He further stated that the said shares are with the depository LinkIntime Pvt. Ltd.. The details of shares issued by LinkIntime Pvt. Ltd. alongwith their reply/confirmation in respect SC No. 136/2016 Page 2 of 4 of said shares are Ex.RW3/1(colly-4 pages). He further stated that their reply/confirmation bears signatures of Ms. Seema Akhelikar (Legal) at point A and details of shares issued by LinkIntime Pvt. Ltd bears signatures of authorized signatory on their behalf at point B on both pages. He furnished copy of his office I-card and driving licence as proof of identity and the same is Ex.RW3/2(colly-2 pages). Originals of the same were returned after perusal.
5. Statement of respondent no. 2 i.e. Ms. Anita Sharma was recorded on 02.12.2016 wherein she stated that deceased Sh. R.L. Prabhakar was her father who expired on 16.11.2007. She further stated that her mother Smt. Asha Prabhakar expired on 15.02.2013. She has filed her NOC in favour of her brother Sh. Anil Prabhakar (petitioner herein) in respect of debts and securities of her deceased father Sh. R.L. Prabhakar. Her NOC is Ex.RW2/1 bearing her signatures at point A and her supporting affidavit is Ex.RW2/2 bearing her signatures at point B and C. She furnished copy of her Aadhar card as proof of identity and the same is Ex.RW2/3. Original of the same was returned after perusal.
6. It is pertinent to mention here that objections have not been filed on behalf of general public despite publication in the newspaper 'Veer Arjun' dated 17.11.2016.
7. In the facts and circumstances on record, petitioner Sh. Anil Prabhakar only shall be entitled in respect of debts and securities of the deceased Sh. R.L. Prabhakar as per Ex.RW3/1(colly-4 pages).
8. In view of the matter as discussed above, I am of the considered opinion that there is no impediment in grant of succession certificate in favour of petitioner Sh. Anil Prabhakar in respect of debts and securities of the SC No. 136/2016 Page 3 of 4 deceased Sh. R.L. Prabhakar as per Ex.RW3/1(colly-4 pages). I accordingly direct that succession certificate be issued in the name of petitioner Sh. Anil Prabhakar in respect of debts and securities of the deceased Sh. R.L. Prabhakar as per Ex.RW3/1(colly-4 pages).
Court fees and indemnity bond with one surety be filed by the petitioner within 15 days.
Announced in the open court (Harleen Singh)
On this 8th day of December, 2016 ACJ/CCJ/ARC(West)
Tis Hazari Courts, Delhi
SC No. 136/2016 Page 4 of 4