Delhi District Court
Baby Rishika Sharma vs State on 12 February, 2016
IN THE COURT OF SH. ANUJ AGARWAL: ACJcumCCcumARC
(SOUTHWEST): DWARKA COURTS: NEW DELHI.
Succession Case No.02/14
Baby Rishika Sharma
D/o Late Sh Ashok Kumar Sharma
Through Guardian
Smt. Rajrani Sharma
W/o Late Sh. Govind Pal Sharma
R/o WZ439, Raj NagarII,
WZBlock, New Delhi. .............Petitioner
vs.
1. State
2. Air Force Palam
M.E.S.
Garrison Engineer (North)
Delhi Cantt, New Delhi10
3. Sh. Tika Ram Sharma
4. Sh. Girdhari Lal Sharma
Both S/o Sh. Dhanraj Sharma
R/o WZ439, Raj NagarII,
WZBlock, New Delhi.
............Respondents.
Petition U/s 372 of Indian Succession Act for grant of Succession
Certificate in respect of debts and securities of deceased Sh. Ashok
Kumar Sharma
Date of Institution: 11.02.14
Date of Judgment: 12.02.16
1 Baby Rishika Sharma vs. State & Ors.
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.
JUDGEMENT:
1. The present petition has been filed by the petitioner Baby Rishika Sharma (Minor) through her guardian (Bua) Smt. Rajrani Sharma for grant for grant of Succession certificate U/s 372 of Indian Succession Act, 1925 (herein after referred to as the Act), in respect of debts and securities of deceased Ashok Kumar Sharma.
2. The State, AIR Force Palam Delhi Cantt. New Delhi, Sh Tika Ram Sharma and Sh. Girdhari Lal Sharma have been impleaded as respondents.
3. It has been averred by the petitioner that petitioner is the minor daughter and single child of deceased Sh. Ashok Kumar Sharma and Smt. Hema who had expired on 13.05.11 and 27.11.07 respectively. It is further averred that, after expiry of her parents, petitioner is being brought up by her Aunti (Bua) Smt. Rajrani Sharma who has been appointed as Guardian of petitioner Baby Rishika Sharma by Ld JSCC cum ASCJcum Guardian Judge (SW) on 01.10.13.
4. Notice of the petition was issued and ordered to be published in the newspaper "Veer Arjun" dt. 08.12.14 but none appeared on behalf of public at large, to raise any objection to 2 Baby Rishika Sharma vs. State & Ors.
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grant of succession certificate in favour of petitioner.
5. In petitioner evidence, only one witness has been examined.
PW1/ Smt. Rajrani Sharma proved the order of Ld JSCCcumGuardian Judge (SW) whereby she was appointed as legal guardian of petitioner Baby Rishika Sharma as Ex. PW1/B (OSR). She further proved the death certificates of deceased Hema (mother of petitioner) and Ashok Kumar Sharma (father of petitioner) as Ex. PW1/B & Ex. PW1/C respectively. She also proved the death certificates of grandmother Krishnawati of baby Rishika Sharma as Ex. PW1/F and Sh Dhanraj Sharma, grandfather of petitioner as Ex. PW1/G. She further deposed that deceased Ashok Kumar Sharma died intestate and baby Rishika Sharma is the only class1 legal heir of deceased Ashok Kumar Sharma. Witness has filed self attested photocopy of her Aadhar Card for her residential proof as Ex. PW1/E (OSR).
Further, in respondent evidence, three witnesses have been examined.
RW1 is Sh P.L.Gade, UDC, G.E Air Force Palam, Delhi Cantt., New Delhi. He brought on record the details of service benefits of deceased Sh. Ashok Kumar, MES371582 i.e Pension 3 Baby Rishika Sharma vs. State & Ors.
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Rs. 3,31,455/, Gratuity Rs. 5,06,269/ and G.P.FRs. 1,13,007/ totalling to Rs. Rs.9,50,731/ (approximately.) as Ex. RW1/D. He also proved the copy of nomination form as Ex. RW1/A (OSR), as per the same the nominees are Smt. Krishna Wanti (mother) and after that Sh. Girdhari Lal (brother) and also proved the copy of nomination for family pension is Ex. RW1/B (OSR). He further proved the record of GPFDS Statement of accounts for the year 201011, copy of same is Ex. RW1/C (OSR).
RW2 Sh. Tika Ram Sharma and RW3 Sh. Girdhari Sharma gave their no objection for grant of succession certificate, in favour of petitioner Baby Rishika Sharma regarding debts and securities of deceased vide their separate statements.
Thereafter, Petitioner Evidence was closed.
6. I have heard the arguments and perused the material on record carefully.
7. 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 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 4 Baby Rishika Sharma vs. State & Ors.
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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 timebarred, 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".
8. From the oral and documentary evidence on record, my prima facie findings are as under: 8.1. The deceased Ashok Kumar Sharma was residing at Palam, New Delhi which is reflected from his death certificates proved as Ex.PW1/D which falls within the jurisdiction of this court.
8.2. The deceased Ashok Kumar Sharma had expired on 13.05.11 leaving behind only one surviving class1 legal heir i.e petitioner Baby Rishika Sharma (Minor). Smt. Hema, wife of deceased Ashok Kumar Sharma had already expired. Respondent no.3 and 4 are the classII legal heirs of deceased Ashok Kumar Sharma and have given their no objections in favour of petitioner Baby Rishika Sharma.
8.3. The deceased died intestate qua debts and securities as 5 Baby Rishika Sharma vs. State & Ors.
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mentioned in the petition which is as follows:
Ex. RW1/D i.e the outstanding details of late Sh. Ashok Kumar i.e Pension Rs. 3,31,455/, Gratuity Rs. 5,06,269/ and G.P.FRs. 1,13,007/ totalling to Rs. 9,50,731/.
Therefore, the total value of the securities held by the deceased for which succession certificate has been applied for, turns out to be Rs. 9,50,731/ alongwith interest if any, accrued thereupon.
8.4. The aforesaid claim of the petitioner has gone unrebutted and nobody has appeared on behalf of the public to contest the claim of the petitioner. There is also no impediment U/s 370 of the Act to grant Succession Certificate with respect to debts and securities as mentioned in the application.
9. In view of the aforesaid observations, I hold that the petitioner Baby Rishika Sharma (Minor) through her guardian Auntie/ (Bua) Smt. Rajrani Sharma is entitled for grant of Succession Certificate U/s 373 of the Act in respect of the aforementioned securities having total value of Rs. 9,50,731/ alongwith interest if any, accrued thereupon.
10. Accordingly succession certificate be issued to the
6 Baby Rishika Sharma vs. State & Ors.
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petitioner Baby Rishika Sharma (Minor) through her guardian Auntie/ (Bua) Smt. Rajrani Sharma on filing of corresponding court fees in terms of Article 12 Schedule I of Court Fees Act, 1870 as applicable in Delhi and Indemnitycumsurety bond of the like amount, within 15 days from today.
11. Smt. Rajrani Sharma, guardian/ Bua of petitioner Baby Rishika Sharma (Minor) is further directed that share of petitioner Baby Rishika Sharma (Minor) may be reinvested in her name till she attains the age of majority.
12. Petition is accordingly, disposed of.
13. File be consigned to record room.
Announced in the open court (Anuj Agarwal) today i.e on 12.02.16 ACJ/CC/ARC/DC/ND 7 Baby Rishika Sharma vs. State & Ors.
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12.02.16 Present: Ld counsel Sh. Arun Chhachhia for the petitioner.
Ld counsel Sh. D.K.Srivastava for respondent no.2.
RW1 to RW3 examined and discharged. P.E stands closed, at request.
Final arguments heard.
By virtue of separate Judgment, Succession certificate has been granted to petitioner Baby Rishika Sharma through her guardian Auntie/ (Bua) Smt. Rajrani Sharma on filing of corresponding court fees in terms of Article 12 Schedule I of Court Fees Act, 1870 as applicable in Delhi and Indemnitycumsurety bond of the like amount, within 15 days from today.
Smt. Rajrani Sharma, guardian/ Bua of petitioner Baby Rishika Sharma (Minor) is further directed that share of petitioner Baby Rishika Sharma (Minor) may be reinvested in her name till she attains the age of majority.
File be consigned to record room.
(Anuj Agarwal) ACJ/CC/ARC/DC/ND 12.02.16 8 Baby Rishika Sharma vs. State & Ors.
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