Delhi District Court
Rajesh Sachdeva vs ) The State on 28 July, 2010
IN THE COURT OF SH KULDEEP NARAYAN,
ADMINISTRATIVE CIVIL JUDGE OF SOUTH DISTRICT AT
PHC NEW DELHI.
SUCCESSION CASE NO. 17/10
UNIQUE ID NO. 02403C0013362010
Rajesh Sachdeva
Smt. Krishna Sachdeva
R/o 23, Begumpur,
Malviya Nagar,
New Delhi. ....................Applicant.
Versus.
1.) The State
2.) Sh Jagdish Chand,
Husband of Smt. Krishna Sachdeva,
R/o 23, Begumpur,
Malviya Nagar,
New Delhi
3.) Savita Batra
D/o Smt. Krishna Sachdeva,
R/o 23, Begumpur,
Malviya Nagar,
New Delhi
Appl. no. 17/10 Page1/5
4.) Neeru Chawla
D/o Smt. Krishna Sachdeva,
R/o 23, Begumpur,
Malviya Nagar,
New Delhi
5.) The Manager,
Canara Bank,
Malviya Nagar,
New Delhi ...................Respondents.
DATE OF INSTITUTION 16.01.2010
DATE OF RESERVING ORDER NOT RESERVED
DATE OF PRONOUNCEMENT 28.07.2010.
Application for grant of Succession Certificate U/S 372 of the Indian Succession Act, 1925.
JUDGMENT.
The applicant filed an application for the grant of succession certificate U/S 372 of the Indian Succession Act, 1925(hereinafter referred to as ''the Act'') in respect of debts and securities of Late Smt. Krishna Sachdeva. The State, Jagdish Chand, Savita Batra, Neeru Chawla and The Manager, Canara Bank are impleaded as respondents.
2. Vide order dated 16.01.10, a notice of the application to the Appl. no. 17/10 Page2/5 respondents and publication in the Newspaper ''The Statesmen'' was issued to invite objections from the public at large to the grant of succession certificate to the applicant. In response to notice respondent No. 2 Sh Jagdish Chand, respondent no. 4 Neeru Chawla and respondent no. 5, Manager appeared on 22.04.10 and give their no objection statement for grant of succession certificate in favour of the applicant. Applicant is the attorney of respondent No. 3 Ms Savita Batra. Notice of the application was also published in the newspaper ''The Statesmen'' on 01/03/10 but non appeared on behalf of the public at large to file any written objection.
3. The applicant led the evidence by way of affidavit EXAW1/1 and examined himself as AW1. He tendered into evidence a copy of death certificate of Late Smt. Krishna Sachdeva(Ex.PW1/A). He placed on record death certificate of Late Krishna Sachdeva (EX.AW1/A). It is submitted by him that he, Sh Jagdish Chand, Ms. Savita Batra, Ms Neeru Chawla are only legal heirs of deceased Late Krishna Sachdeva. Respondent no. 2, 4 and 5 have already given their no objection for grant of succession certificate in favour of the applicant. It is submitted by him that succession certificate is required for debts and securities in the form of savings account no. Appl. no. 17/10 Page3/5 10951, Canara Bank. Malviya Nagar, New Delhi amounting to Rs. 14,282/, FDR No. 1387401006614/1 amounting to Rs. 1,48,702/, and FDR No. 1387401006894/1 amounting to Rs. 88,987/(EXPW1/B to EXPW1/D).
4. I heard arguments on behalf of the applicant and gone through the entire material available on record. Nobody appeared on behalf of State to contest the claim of the applicant.
5. From the perusal of the testimony of applicant and all the documents tendered into evidence and relied upon by him, it is clear that Late Krishna Sachdeva, mother of the applicant expired on 23.12.2008 at 23, Begumpur, Malviya Nagar, New Delhi. At the time of her death, the place of residence of deceased Krishna Sachdeva was also at 23, Begumpur, Malviya Nagar, New Delhi. So far nobody appeared to contest the claim of the applicant for grant of succession certificate U/S 372 of the Act. There is also no impediment U/S 370 of the Act to the grant of Succession Certificate with respect to debts/security as mentioned above. The claim of the applicant so far is unrebutted. Accordingly, I deem it fit to allow the application of the applicant. The application is hereby allowed.
6. I hold that the applicant is entitled for the grant of succession Appl. no. 17/10 Page4/5 Certificate U/S 373 of the Act with respect to the debts/security in the form of savings account no. 10951, Canara Bank. Malviya Nagar, New Delhi amounting to Rs. 14,282/, FDR No. 1387401006614/1 amounting to Rs. 1,48,702/, and FDR No. 1387401006894/1 amounting to Rs. 88,987/(EXPW1/B to EXPW1/D).
7. Succession Certificate be issued to the applicant on filing of court fee of Rs.6299/ in terms of Article 12 Schedule 1 of the court fee Act 1870 as applicable to Delhi and an indemnity bond in the sum of Rs.2,51,971/
8. The application is accordingly disposed off.
Pronounced in open court. (KULDEEP NARAYAN)
Dt. 28.07.2010. Administrative Civil Judge
District South,Court No.37.
Main Building, PHC,
New Delhi.
Appl. no. 17/10 Page5/5