Delhi District Court
Vimlesh Devi And Anrs vs State (Govt. Of Nct Of Delhi) And Ors on 5 January, 2026
IN THE COURT OF SH. SUKHMAN SANDHU,
ADMINISTRATIVE CIVIL JUDGE-CUM-COMMERCIAL
CASES JUDGE-CUM-ADDITIONAL RENT
CONTROLLER, SOUTH WEST DISTRICT, DWARKA
COURTS, NEW DELHI
CNR No. DLSW030008472025
Vimlesh Devi & Anrs. v. State (Government of NCT of
Delhi ) & Ors.
a) Succession Court Case No. : 65/2025
b) Name & address of the : 1). Smt. Vimlesh Devi
petitioners S/o Late Sh. Vinod Babu,
R/o Gali No. 7, Salapur Khera,
Bijwasan, New Delhi- 110061.
2) Sh. Deepak Rathor
S/o Late Sh. Vinod Babu,
3) Ms. Varsha Rathor
(Through Natural Guardian
Mother)
D/o Late Sh. Vinod Babu,
Both at: R/o House No. 559,
Gali No. 11, Kapashera,
New Delhi- 110037
4) Ms. Jyoti Rathor
D/o Late Sh. Vinod Babu,
R/o 61, Salapur Khera,
Bijwasan, New Delhi- 110061.
5) Ms. Pooja Rathor
D/o Late Sh. Vinod Babu,
Succ no. 65/2025 Vimlesh Devi and Anr. Vs. State (Government of NCT of Delhi ) Page No. 1 of 8
R/o G-150, Gali No. 9,
Vishwas Park, Uttam Nagar,
New Delhi- 110059.
c) Name & address of the
respondents : 1. State (Government of NCT
respondents of Delhi)
2. The Branch Manager,
Union Bank of India, Delhi
Gurgaon Road,
Samalka, New Delhi- 110037.
Date of Institution of petition : 26.04.2025
Date of pronouncement of judgment : 05.01.2026
Petition under section 372 of The Indian Succession Act, 1925
for grant of succession certificate in respect of the debts &
securities of deceased, Late Sh. Vinod Babu.
JUDGMENT
1 The Case: 1.1 The present petition has been filed by the petitioners for
grant of succession certificate under Section 372 of the Indian Succession Act, 1925 (hereinafter, referred to as the "Act"), in respect of debts and securities of deceased Late Sh. Vinod Babu S/o Late Sh. Ram Prakash.
2 Petitioner's case:
Succ no. 65/2025 Vimlesh Devi and Anr. Vs. State (Government of NCT of Delhi ) Page No. 2 of 8 2.1 The case of the petitioners is that the deceased expired on 06.09.2024 and was the resident of 25, Salapur Khera, Bijwasan, South West, Delhi. The mother & father of the deceased had expired way back before the death of the deceased. The deceased was survived by five Class-I legal heirs i.e. petitioner no. 1 who is stated to be the wife of the deceased; petitioner no. 2 who is stated to be the son of deceased and petitioners no. 3 to 5 who are stated to be the daughters of deceased.
2.2 The petitioners have approached this Court with the instant petition seeking grant of succession certificate in respect of debts and securities of the deceased i.e. amount lying in Saving Bank Account no. 378502010411125 maintained with Union Bank of India situated in Delhi-Gurgaon Road, Samalka, New Delhi-110037.
3 Summoning of the Respondents:
3.1 Notice of the petition was ordered to be published in newspaper. Accordingly, publication was effected through newspaper titled as "Virat Vaibhav" dated 19.05.2025, however, none appeared on behalf of public at large, to raise any objection to grant of succession certificate in favour of the petitioners.
4 Respondent's Case:
4.1 Pursuant to the notice, official on behalf of respondents no.
2 appeared before the court and filed statement of account Succ no. 65/2025 Vimlesh Devi and Anr. Vs. State (Government of NCT of Delhi ) Page No. 3 of 8 pertaining to the account of the deceased maintained with it.
5 Petitioner's Evidence:
5.1 To prove his case, petitioners examined himself as PW-1 and tendered his evidence by way of affidavit which is Ex.
PW-1/A bearing his signatures at point A & B respectively. PW-1 relied on the following documents:
i. Copy of Death Certificate of deceased Late Sh. Vinod Babu is exhibited as Ex. PW-1/1 (OSR).
ii. Copy of UIDAI Card of deceased Late Sh. Vinod Babu is exhibited as Ex. PW-1/2 (OSR).
iii. Surviving Member Certificate is exhibited as Ex. PW-1/3. iv Copies of UIDAI Cards of all Legal Heirs is exhibited as Ex. PW1/4 (Colly)(OSR).
v. Copy of Pass Book of deceased Late Sh. Vinod Babu is exhibited as Ex. PW-1/5 (OSR).
5.2 Petitioners no. 2 to 5 appeared before the Court and submitted that they have no objection to the grant of succession certificate in favour of petitioner no. 1 and relinquished their shares in the debts and securities of the deceased in favour of petitioner no. 1. Their separate statement was recorded to this effect on 05.01.2026. 5.3 The respondents neither cross-examined PW-1 nor led any evidence. Therefore, it is presumed that they had no objection to the grant of Succession Certificate in favour of the petitioner.
Succ no. 65/2025 Vimlesh Devi and Anr. Vs. State (Government of NCT of Delhi ) Page No. 4 of 8 5.4 Petitioner no. 1 closed her evidence vide separate statement recorded on 05.01.2026.
6 Final Arguments:
6.1 During the course of final arguments, it was submitted by Ld. Counsel for petitioners that petitioner no. 1 seeks succession certificate in respect of debts and securities of the deceased i.e. amount of Rs. 7,51,13/- lying in the Savings Bank Account no. 378502010411125 maintained with Union Bank of India situated in Delhi-Gurgaon Road, Samalka, New Delhi. Ld. Counsel for petitioners has submitted that petitioners no. 2 to 5 being children of the deceased gave their no objection to the issuance of sucession certificate in favour of petitioner no. 1. Furthermore, none on behalf of public raised any objection to the present petition. Thus, it was finally prayed that succession certificate be issued in favour of petitioner no. 1 Smt. Vimlesh Devi.
6.2 Heard the final arguments advanced by Ld. Counsel for the petitioners. This Court has carefully perused the evidence on record in light of the contents of the petition and considered the oral submissions advanced by Ld. Counsel for petitioners.
7 Appreciation and findings:
7.1 The deceased died intestate qua debts and securities which are mentioned in the petition as well as in the testimony of PW-1. The said securities of the deceased are the amount Succ no. 65/2025 Vimlesh Devi and Anr. Vs. State (Government of NCT of Delhi ) Page No. 5 of 8 of Rs. 7,51,131/- lying in the Savings Bank Account no.
37850201041125 maintained with Union Bank of India, Samalka, New Delhi. Therefore, the total value of the securities held by the deceased for which Succession Certificate has been applied for is Rs. 7,51,131/- (Rupees Seven Lacs Fifty One Thousand One Hundred Thirty One only) lying in the abovementioned savings bank account. 7.2 At this juncture, it is relevant to mention the case of Madhvi Amma Bhawani Amma & Ors. v. Kunjikutty Pillai Meenakshi, AIR 2000 SC 2301, 2000 (3) ALT 35 SC, 2001 (49) BLJR 813, wherein, 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 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 time-barred, 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".
7.3 From the oral and documentary evidence on record, prima facie it can be said that the deceased was the resident of House No. 25, Salapur, Khera, Bijwasan,- 110061 which is reflected in the death certificate Ex. PW-1/1. The matter thus, falls within the jurisdiction of this Court. The mother of the deceased had already died before the death of the Succ no. 65/2025 Vimlesh Devi and Anr. Vs. State (Government of NCT of Delhi ) Page No. 6 of 8 deceased as per the testimony of PW-1. Thus, the deceased who expired on 06.09.2024 was survived by five Class-I legal heirs i.e. petitioner no. 1 (wife), petitioner no. 2 (son) and petitioners no. 3 to 5 (daughters). The status of the surviving legal heirs is also corroborated by the Surviving Member Certificate Ex. PW-1/3. The petitioners no. 2 to 5 have already relinquished their shares in favour of the petitioner no. 1 vide statement recorded separately on 05.01.2026.
7.4 Thus, the claim of the petitioners by way of the present petition under Section 372 of the Act has gone unrebutted. Neither the respondents nor anyone on behalf of the public contested the claim of the petitioners. There is also no impediment under Section 370 of the Act to grant Succession Certificate with respect to debts and securities as mentioned in the petition. Furthermore, the deposition of PW-1 and the documents relied upon by the said witness stands unrebutted/uncontroverted/unchallanged. This Court does not find any reason to disbelieve the unrebutted testimony of PW-1 recorded on Oath in the Court.
8 Relief:
8.1 In view of the forgoing reasons, this Court holds that petitioner no. 1 is entitled to grant of succession certificate under Section 373 of the Act in respect of debts and securities of the deceased i.e. amount of Rs. 7,51,131/-
(Rupees Seven Lakhs Fifty One Hundred One Thirty One Succ no. 65/2025 Vimlesh Devi and Anr. Vs. State (Government of NCT of Delhi ) Page No. 7 of 8 only) lying in the Savings Bank Account no. 37850201041125 maintained with Union Bank of India, Samalka, New Delhi.
8.2 Petitioner no. 1 is also entitled to interest/dividend/ bonus/consequential benefits, if any, accrued thereupon. 8.3 Accordingly, succession certificate be issued to the petitioner no. 1 on filing of corresponding court fees in terms of Article 12 Schedule I of Court Fees Act, 1870 as applicable in Delhi and Indemnity-cum-surety bond within 30 days from today.
8.4 Petition is accordingly, disposed of. Digitally signed by SUKHMAN SANDHU SUKHMAN Date:
SANDHU 2026.01.05
21:43:10
+0530
Pronounced in the (Sukhman Sandhu)
open Court on 05.01.2026 ACJ-CCJ-ARC,
South West District,
Dwarka Courts, Delhi
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