Delhi District Court
Sh. Nitin Singh Rawat vs . State & Ors. on 28 January, 2012
SH. NITIN SINGH RAWAT VS. STATE & ORS.
IN THE COURT OF SH. RAVINDER SINGH, ADMINISTRATIVE
CIVIL JUDGE (EAST), KARKARDOOMA COURTS, DELHI
PETITION NO.: SC76/2011
Unique Case ID No.:02402C0179672011
IN THE MATTER OF:
Sh. Nitin Singh Rawat
S/o Late Sh. Gabbar Singh Rawat
R/o 35/402, Trilokpuri,
Delhi110091. ........ Petitioner
VERSUS
1. Sh. Ravinder Singh Rawat
S/o Late Sh. Gabbar Singh Rawat
R/o 35/402, Trilokpuri,
Delhi110091.
2. Smt. Usha Rawat
W/o Sh. Jaspal Singh Rawat
R/o Pratap Vihar, Khoda Colony,
Ghaziabad (U.P.)
Also at:
C/o Sh. Jaspal Singh Rawat
C24, Sector 57,
Noida, Gautam Budh Nagar, U.P.
PETITION NO.:SC76/2011 Page1/8
SH. NITIN SINGH RAWAT VS. STATE & ORS.
3. Smt. Rajani Rawat
W/o Sh. Matbar Singh Rawat
R/O RZH313, Gali No.7, Raj Nagar PartII,
Palam Colony, New Delhi110045.
4. The State (Govt. of NCT of Delhi) ...... Respondents
DATE OF INSTITUTION: 10.06.2011
DATE OF RESERVING THE ORDER: 28.01.2012
DATE OF DECISION: 28.01.2012
PETITION U/S 372 of INDIAN SUCCESSION ACT
JUDGMENT
1. This is a succession petition filed by Sh. Nitin Singh Rawat (hereinafter called petitioner) in respect of debt and securities left by his deceased father Sh. Gabbar Singh who expired on 28.12.2010 in Delhi.
2. The petitioner is claiming succession certificate for a total amount of Rs.10,81,051.57 in the form of NSC, LIC polices and EPF account of the deceased. As per petitioner, deceased has left behind two son namely Ravinder Singh Rawat and the petitioner himself and two PETITION NO.:SC76/2011 Page2/8 SH. NITIN SINGH RAWAT VS. STATE & ORS.
daughters, namely, Smt. Usha Rawat and Smt. Rajani Rawat who are the only legal heirs of the deceased.
3. Notice of petition was given to general public by way of publication in newspaper 'Veer Arjun' dated 25.11.2011. Notice of petition was also served upon the respondents no.1 to 3 who filed their no objection in the form of affidavit in regard to release of deceased amount in favour of petitioner.
4. Respondents no.1 ,2 and 3, namely, Ravinder Singh Rawat, Smt. Usha Rawat and Smt. Rajani Rawat were examined themselves as RW1, RW2 and RW3 respectively. RW1, RW2 and RW3 all deposed that they are also the legal heirs of the deceased besides the petitioner. They made their statement for giving their no objection in favour of petitioner by filing affidavit cum no objection certificates Ex. RW1/A, Ex. RW2/A and Ex. RW3/A. RW1 also filed the copy of his voter ID card for his identification Ex.R1 (OSR). RW2 also filed the copy of her school leaving certificate as Ex.R2(OSR). RW3 filed the copy of her ration card as Ex.R3 (OSR). PETITION NO.:SC76/2011 Page3/8
SH. NITIN SINGH RAWAT VS. STATE & ORS.
5. To prove his version, petitioner besides himself as PW4 also examined Sh. Sandeep Kumar Singh the dealing assistant from office of Regional Provident Funds Commissioner, Delhi (North) Wazirpur Community Center, Delhi as PW1, Sh. Vijay Kumar, Clerk for LIC Branch Office124, Bapu Sadan Satnagar, Guru Ravidas Marg, Near Karol Bagh, New Delhi as PW2 and Sh. Kailash Chander,Assistant from LIC Branch Office119, Defence Colony, New Delhi as PW3.
6. PW1 placed and proved the record of EPF Scheme in respect of deceased Sh. Gabber Singh vide account bearing no. DL/9010/48. PW1 further deposed that the total amount accumulated as payable to deceased Gabber Singh is Rs.7,77,938/. PW1 also produced the letter of Assistant Commissioner showing the details of account of deceased Ex.PW1/1.
7. PW2 proved and placed the status report in respect of LIC policies No.115585150 and 115621991 in the name of deceased Sh. Gabber Singh. PW2 further deposed that the surrender value payable to the policy PETITION NO.:SC76/2011 Page4/8 SH. NITIN SINGH RAWAT VS. STATE & ORS.
holder for Policy No.115585150 is Rs.29,386.57 as on date. The computer generated copy of Policy No.115585150 is Ex.PW2/A. PW 2 further deposed that the surrender value in respect of policy no. 115621991 cannot be paid since it has required period of three years. The computer generated copy of Policy No. 115621991 is Ex.PW2/B.
8. PW3 proved and placed the status report in respect of LIC policies No.112492925 and 112873860 in the name of deceased Sh. Gabber Singh Rawat. PW3 further deposed that the surrender value payable to the policy holder for policy No.112492925 is Rs.70,917/ as on date and, the surrender value payable to the policy holder for policy No. 112873860 is Rs.1,86,800/. The computer generated copy of Policy No. 112492925 and 112873860 are Ex.PW3/A and Ex.PW3/B respectively.
9. Petitioner as PW4 placed and proved the copy of death certificate of his deceased father as Ex.PW4/A; copy of death certificate of his deceased mother namely Smt. Magli Devi as Ex.PW4/B; National Saving certificate in favour of deceased Late Sh. Gaber Singh Rawat PETITION NO.:SC76/2011 Page5/8 SH. NITIN SINGH RAWAT VS. STATE & ORS.
bearing no.69EE 810785 having value of Rs.16,010/ and is Ex.PW4/C and copy of his voter ID card as Ex.PW4/D (OSR).
10. I have heard the arguments of ld. Counsel for the petitioner & perused the record.
11. Petitioner proved that his father Sh. Ram Swaroop has expired on 28.12.2010 whose death certificate is Ex.PW4/A. PW4 also proved that his mother Smt. Magli Devi also expired and her death certificate is Ex.PW4/B. PW4 also proved that besides him deceased Sh. Gabbar Singh Rawat has three other legal heirs i.e. Ravinder Singh Rawat, Smt. Usha Rawat and Smt. Rajani Rawat i.e. respondent no.1,2 & 3 respectively. Respondent no. 1,2 & 3 examined themselves as RW1,RW2 and RW3 and they have given their no objection in grant of succession certificate in favour of petitioner. It is pertinent that no other person came forward to claim for the debt & securities of deceased Sh. Gabbar Singh Rawat.
12. In view of above discussion, I am of the opinion that there is no impediment in issuing a succession certificate in favour of petitioner, PETITION NO.:SC76/2011 Page6/8 SH. NITIN SINGH RAWAT VS. STATE & ORS.
namely, Sh. Nitin Singh Rawat in respect of debt and securities left by the deceased, Late Sh. Gabbar Singh Rawat. I accordingly, direct that the succession certificate be issued in favour of petitioner, namely, Sh. Nitin Singh Rawat in respect of debts & securities of the deceased in terms of Ex.PW1/1 which is the letter issued by Assistant Commissioner, office of Regional Provident Funds Commissioner, Delhi and showing the details of PF Scheme account bearing No.DL/9010/48 having value of Rs.7,77,938/; Ex.PW2/A which is the computer generated copy of LIC policy bearing no. 115585150 showing the surrender value of Rs.29,386.57; Ex.PW3/A which is the computer generated copy of LIC policy bearing no.112492925 showing the surrender value of Rs.70,917/; Ex.PW3/B which is the computer generated copy of LIC policy bearing no.112873860 showing the surrender value of Rs.1,86,800/ and Ex.PW4/C which is copy of National Saving certificate bearing no.69EE 810785 having value of Rs.16,010/, on filing of requisite court fee and on furnishing an indemnity bond with two sureties within 15 days.
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SH. NITIN SINGH RAWAT VS. STATE & ORS.
13. No further orders are required to be passed in the matter. File be consigned to record room after necessary compliance.
Announced In Open Court (RAVINDER SINGH)
28.01.2012 Administrative Civil Judge(East)
Karkardooma Courts,Delhi
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