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Delhi District Court

Vivek Prakash vs Gnct Of Delhi on 4 June, 2025

                 IN THE COURT OF Ms. TARUNPREET KAUR
                Administrative Civil Judge - Commercial Civil Judge
                             Additional Rent Controller
                          South-East, Saket Courts, Delhi


       Succ. Court 14/2025
       VIVEK PRAKASH Vs. GNCT OF DELHI

       Vivek Prakash
       S/o Late Sh. V.R Prakash
       R/o L-162, Jalvayu Vihar,
       Sector 25, Noida, Gautam Budh Nagar,
       UP-201301

                                                                   ...petitioner
                                         Versus


       1. State (Govt. NCT of Delhi)
       Through SDM, South East,
       Kalkaji, New Delhi-110019

       2. Canara Bank
       Through its Branch Manager / AR
       E-37-38, Community Center, East of Kailash,
       Kalkaji, New Delhi-110048

       3. Post Office
       Through its Post Master / AR
       Post office Alaknanda,
       New Delhi-110019

       4. Vikram Prakash
       S/o Late Sh. V.R Prakash
       R/o 37, Narmada Apartment,
       Alaknanda, New Delhi-110019


                                                                  ...respondents

Succ. Court No. 14/25      Vivek Prakash Vs. State NCT of Delhi              Page No. 1/6
             PETITION FOR GRANT OF SUCCESSION CERTIFICATE
                       UNDER SECTION 372 OF THE
                      INDIAN SUCCESSION ACT, 1925


          1. Date of Institution of Petition              : 24.01.2025
          2. Arguments heard on                           : 04.06.2025
          3. Date of Judgment                             : 04.06.2025
          4. Decision                                     : Petition Allowed




                                   JUDGMENT

1. Vide this judgment, the present petition filed by petitioner namely Sh. Vivek Prakash for grant of succession certificate in his favour qua the debt and securities in the name of Late Sh. Veeravalli Krishnamachari Ramabhadran @ V.K. Ramabhadran with the company concerned in the form of balance credits, shall be disposed of.

2. In the petition, it is inter-alia pleaded that Late Sh. Veeravalli Krishnamachari Ramabhadran @ V.K. Ramabhadran who passed away intestate on 18.04.2021, was the grand father of petitioner no. 1 and respondent no. 4. It has been further pleaded that the present petition has been filed before this court as the assets of the deceased are located within the territorial jurisdiction of this Court. Therefore, the deceased has left behind only the petitioner no.1 and respondent no. 4 as his Class-I legal heirs.

3. The record of the Court file reflects that the general notice of this petition was given to public by way of publication in the newspapers "Virat Vaibhav" on 05.04.2025. In response to the said notice, no person from the general public came forward to offer any objection(s) qua grant of succession certificate to the petitioner.

4. During the summary proceedings conducted as per Section 373 of the Indian Succession Act, 1925, 05 witnesses were examined.

5. Through his testimony, PW-1 Sh. Vivek Prakash tendered his evidence by way of affidavit Ex.PW-1/A and he relied upon the following documents:

i. Copy of his Aadhar card, Ex.PW1/1 (OSR);

ii. Statement of account of Late Sh. V.K Ramabhadran in respect of account no. 2640082453, Ex.PW1/3 (OSR); iii. Statement of account of Late Sh. V.K Ramabhadran in respect of account no. 0268101002236, Ex.PW1/4 (OSR); iv. Copy of Aadhar card of deceased Late V.K Ramabhadran, Ex.PW1/5 (OSR);

v. Copy of death certificate of deceased Late V.K Ramabhadran, Ex.PW1/6 (OSR).

6. Further, RW-1 Sh. Vijay Kumar, Patwari, SDM Office, Kalkaji, New Delhi brought the legal heir report of deceased Late Succ. Court No. 14/25 Vivek Prakash Vs. State NCT of Delhi Page No. 3/6 Sh. Veeravalli Krishnamachari Ramabhadran and the same is Ex.RW1/A.

7. Further, RW-2 Sh. Vikas Kumar, Manager, Canara Bank, East of Kailash, Kalkaji, New Delhi brought statement of account bearing no. 0268101002236 jointly in the name of VK Rama Bhadran and Smt. Lalitha Rama Bhadana. He further deposed that as per the report, the amount payable under the said account is Rs.17,02,890.08/-. His report is Ex.RW2/A (colly).

8. Further, RW-3 Sh. Arvind Singh Rawat, Postal Asst., Office of Senior Supt. Of Post Office, Lodhi Road, New Delhi brought the details pertaining to PPF account no. 2640118183 in the name of VK Ramabhadran. He further deposed that as per the report, the total amount payable under the said account is Rs. 20,68,512/- as on 31.03.2025. He also brought details pertaining to post office account no. 2640082453 in name of VK Ramabhadran and he deposed that the amount payable in the said account is Rs. 18,691.58/- as on 31.03.2025. His report alongwith authority letter is Ex.RW3/A (colly).

9. Further, RW-4 Sh. Vikram Prakash deposed that he is respondent no. 4 in the present matter and that petitioner is his real brother. He further deposed that he does not have any objection if succession certificate is issued in the present matter in favour of the petitioner. Copy of his Aadhar card is Ex.RW4/A (OSR).

10. The entire record as well as the testimonies of the witnesses have been perused. Final arguments addressed by counsel for petitioner have been heard. It has been stated by counsel for petitioner that petitioner and respondent no. 4 are the only Class I legal heirs of the deceased, who was their grand father. He further stated that the parents of the petitioner and respondent no. 4 have already expired.

11. Perusal of legal heir report Ex.RW1/A shows that Sh. Vivek Prakash (petitioner, grand son) and Sh. Vikram Prakash (respondent no. 4, grand son) are the only Class I legal heirs of the deceased. Further, there is no impediment to issuance of succession certificate in favour of petitioner and also, no one came forward to oppose issuance of succession certificate despite publication in newspaper.

12. Therefore, in view of Ex.RW1/A and NOC given by respondent no. 4, it is hereby ordered that succession certificate be issued in favour of petitioner namely Sh. Vivek Prakash qua the debts and securities in name of Late Sh. Veeravalli Krishnamachari Ramabhadran @ V.K. Ramabhadran which are as under :

S. Name of account Name Account no. Type of Amount n holder of account o bank 1 VK Ramabhadran Canar 0268101002236 -- Rs. 17,02,890.08/-

a Bank & Lalitha Rama Bhadana Succ. Court No. 14/25 Vivek Prakash Vs. State NCT of Delhi Page No. 5/6 2 VK Ramabhadran Post 2640118183 PPF Rs. 20,68,512/-

office, South Divisi on 3 VK Ramabhadran Post 2640082453 Saving Rs. 18,691.58/-

                 office,
                 South
                 Divisi
                 on
                             Total                                  Rs. 37,90,093.66/-

13. The succession certificate shall be considered only as an entitlement of the petitioner to receive the amount (with applicable interest till date, if any) due towards Late Sh. Veeravalli Krishnamachari Ramabhadran @ V.K. Ramabhadran as referred above. The succession certificate shall not be considered as a direction to concerned bank/official to transfer the aforesaid amount to petitioner. The concerned bank/official shall be competent to seek compliance of formalities, if any, to be fulfilled for the said purpose.

14. Upon filing of indemnity bond and requisite Court fees of Rs. 75,801.8/- by petitioner, succession certificate be issued.

15. File be consigned to Record Room after due compliance as per law.

Announced in open Court by TARUNPREET TARUNPREET KAUR KAUR on 04th of June, 2025 Date: 2025.06.04 16:00:58 +0530 (TARUNPREET KAUR) ACJ-cum-CCJ-cum-ARC, South-East District, Saket Courts, ND Succ. Court No. 14/25 Vivek Prakash Vs. State NCT of Delhi Page No. 6/6