Delhi District Court
Smt. Neelam Sharma vs The State on 26 May, 2015
IN THE COURT OF SH. GAGANDEEP SINGH, ADMINISTRATIVE
CIVIL JUDGECUMARC (NORTH WEST) ROHINI COURTS, DELHI
Petition No. : SCC 125/14
Date of Institution : 28.10.2014
Date of arguments : 26.05.2015
Date of order : 26.05.2015
In the matter of:
Smt. Neelam Sharma
W/o. Late Sh. Suraj Prakash Sharma
R/o. House no. 33R, Bank Colony,
Karnal, Haryana
Also At
House no. 2, Near Vikas Cable,
Village Haiderpur, Delhi110088.
....Applicant/Petitioner
Versus
1. The State
2. Sh. Anurag Kaushik
3. Sh. Santosh Kaushik
Both S/o Late Sh. Suraj Parkash Sharma
Both R/o House no. 33R, Bank Colony,
Karnal, Haryana.
Also at:
House no. 2, Near Vikas Cable,
Village Haiderpur, Delhi
....Respondents
SCC No. 125/14 Neelam Sharma vs. State & Ors. 1
J U D G M E N T:
1. Vide this judgment, I shall dispose off the petition filed under section 372 of the Indian Succession Act, 1925 for obtaining succession certificate in respect of debts/securities etc of Late Sh. Suraj Parkash S/o. Sh. Kishan Sharma (deceased).
2. The relevant facts for the disposal of the present petition are that husband of the petitioner expired on 10.04.2014. He was ordinarily residing at House no. 44, Haider Pur, Delhi. It is stated that the deceased had left behind the petitioner/wife and respondent no. 2 and 3/sons as his legal heirs.
The present petition has been filed for the grant of succession certificate in respect of amount of following debts and securities lying in the name of the deceased.
S.No. Name of Bank Nature A/C No. Amount
Indian Overseas Bank Saving Bank Rs. 19,433.64
B/O CGO Complex, Account 181101000034
1 Lodhi Estate, New Delhi 130
State Bank of India, B/o Rs. 6,26,556.18
CGO Complex, Lodhi
2 Estate, New Delhi 10591498835
3 Pension Benefit of Pension PPO No.
National Technical Account 246500801909
SCC No. 125/14 Neelam Sharma vs. State & Ors. 2
Research Organization, approx.
Govt. of India 19560/ p.m
used to deposit
in SBI
Account, CGO
Complex, New
Delhi.
It is further pleaded that deceased had not executed any will and thus there is no impediment in grant of succession certificate in favour of the petitioner in respect of above said account.
3. General public was served through publication in daily newspaper 'Rashtriya Sahara' dated 23.12.2014 but none appeared from general public to oppose or contest the present petition.
4. In support of her petition, petitioner examined R2W1/Sh. Anurag Kaushik, R3W1/Sh. Santosh Kaushik who deposed that they gave no objection if succession certificate is granted in favour of the petitioner. They also filed copy of their identity cards as Ex. R2W1/1 & copy of ration cards as Ex. R2W1/2 and copy of Bank Passbook as Ex. R3W1/1 & ration card as Ex. R2W1/2.
Thereafter, petitioner examined herself as PW1 and tendered her evidence by way of affidavit Ex. PW1/A. She also relied upon documents i.e. death SCC No. 125/14 Neelam Sharma vs. State & Ors. 3 certificate of deceased as Ex. PW1/1, adhar card as Ex. PW1/2, copy of election Identity card as Ex.PW1/3, school certificate of Anurag Kaushik as Ex. PW1/4, school certificate of Santosh Kaushik as Ex. PW1/5, House Tax receipt in the name of Late Sh. Suraj Prakash as Ex. PW1/6, Electric bill in the name of Late Sh. Suraj Prakash Sharma as Ex. PW1/7, electric bill of DESU as Ex. PW1/8, receipt of amount deposited with DESU on 25.01.2001 in name of Late Sh. Suraj Parkash Sharma as Ex. PW1/9, copy of application of retirement, pension payment order and pension identity card as Ex. PW1/10, death certificate of Sh. Kishan Sharma as Ex. PW1/11, death certificate of Smt. Parsandi Devi as Ex. PW1/12, passbook of bank as Ex. PW1/13, copy of FDR/deposit receipt as Ex. PW1/14, certified copy of statement of account as Ex. PW1/15 and copy of annexure B i.e details of debts and securities was exhibited as Ex. PW1/16.
She also relied upon document marked as Mark A and B. Further petitioner examined PW2/Sh. Mahender Negi, Senior Account Officer, Directorate of Accounts, NTRO, Delhi who proved the summoned record with respect to PPO no. 246500801909. The photocopy of revised pension orders dt. 29.01.2009 which is exhibited as Ex.PW2/1. The pension payment order already Ex. PW1/10 was also issued from their department.
Thereafter, petitioner examined PW3/R.C Gupta, Deputy Manager, State Bank of India, CGO Complex, Lodhi Road, Delhi who proved the summoned record with respect to saving bank account no. 10591498835 in the name of Sh. Suraj Prakash Sharma. The certified copy of statement of accounts is Ex. PW3/1.
Further in support of her petition, petitioner examined PW4/Sh. SCC No. 125/14 Neelam Sharma vs. State & Ors. 4 Suresh Kumar, Manager, Indian Overseas Bank, CGO Complex, Lodhi Estates who proved the summoned record with respect to saving bank account no. 181101000034130 in the name of Sh. Suraj Prakash Sharma. The certified copy of the statement of account is Ex. PW4/1, the covering letter 25.03.2015 is Ex. PW4/1, certificates dt. 25.03.2015 is Ex. PW4/3 and the photocopies of bank are Ex. PW4/4.
5. Heard.
6. Considering the above stated facts, this Court is of the opinion that there is no impediment in grant of Succession Certificate in favour of petitioner being the legal heir in respect of following debts and securities lying in the name of the deceased Late Sh. Suraj Parkash Sharma.
S.No. Name of Bank Nature A/C No. Amount (Rs.)
Indian Overseas Bank Saving Bank Rs. 19,433.64
B/O CGO Complex, Account 181101000034
1 Lodhi Estate, New Delhi 130
State Bank of India, B/o 1059149883 5 Rs. 6,26,556.18
CGO Complex, Lodhi
2 Estate, New Delhi
Total: Rs. 6,45,989.82
7. Accordingly, Succession Certificate is ordered to be issued in favour of the petitioner on furnishing of an Indemnity Bond of the same value with one SCC No. 125/14 Neelam Sharma vs. State & Ors. 5 surety of like amount within one month from today. Petitioner to file court fees for issuance of succession certificate.
File be consigned to Record Room.
Announced in the open court (Gagandeep Singh)
on 26.05.2015 ACJCUMARC NORTHWEST
ROHINI COURTS, DELHI
This judgment contains six pages & each page has been signed by me. SCC No. 125/14 Neelam Sharma vs. State & Ors. 6 Suit No. 125/14 Neelam Sharma vs. State & Ors.
26.05.2015 Present: Ld. counsel for petitioner Sh. Abhishek Kaushik, Ld. Counsel on behalf of National Technical Research Orgnization.
Final arguments heard.
Vide separate judgment of even date, petition filed u/s 372 of the Indian Succession Act, 1925 on behalf of the petitioner is allowed and disposed off.
File be consigned to Record Room.
(GAGANDEEP SINGH) ACJcumARC (North West) Rohini Courts, Delhi/26.05.2015 SCC No. 125/14 Neelam Sharma vs. State & Ors. 7