Delhi District Court
Hema Nayyar & Ors. vs . State & Ors. on 27 August, 2019
SCC No. 81/18
Hema Nayyar & Ors. Vs. State & Ors.
Date of Decision: 27.08.2019
THE COURT OF ADMINISTRATIVE CIVIL JUDGE cum ADDITIONAL
RENT CONTROLLER cum COMMERCIAL CIVIL JUDGE, NORTH
WEST DISTRICT, ROHINI COURTS, DELHI.
Presided by: Sh. Sunil Kumar Sharma, DJS.
1. Hema Nayyar
W/o Late Sh. Sumit Kumar Nayyar
2. Master Parth Nayyar (minor)
S/o Late Sh. Sumit Kumar Nayyar
3. Baby Yashika Nayyar (minor)
D/o Late Sh. Sumit Kumar Nayyar
(Petitioner no. 2 & 3 being minor
through the petitioner no. 1
being their mother/natural guardian)
All R/o B4/136A, Keshav Puram
Onkar Nagar, Saraswati Vihar
Delhi110035. ...Petitioners
VERSUS
1. The State
(Govt. of NCT (Delhi)
2. Smt. Kanchan
W/o Late Sh. Ramnik Kumar
R/o L113A, Nag Mandir Road
Shastri Nagar, Delhi110052.
3. Sh. Amit Kumar
S/o Late Sh. Ramnik Kumar
R/o L113A, Shastri Nagar
Delhi110052.
4. Smt. Neetu Chugh
W/o Sh. Devinder Kumar Chugh
D/o Late Sh. Ramnik Kumar
Ouarter New Vidhya Marg
Central Jail Tihar
Delhi110058.
...Respondents
Page No. 1/5
SCC No. 81/18
Hema Nayyar & Ors. Vs. State & Ors.
Date of Decision: 27.08.2019
Petition No. SCC No. 81/18
Petition under Section Under Section 372 of
Indian Succession Act
Date of Institution 06.08.2018
Date of Final Arguments 27.08.2018
Date of Final Order 27.08.2018
Final Order Petition Allowed
JUDGMENT
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 investments/debts/securities etc of Late Sh. Ramnik Kumar (deceased).
2. The relevant facts for the disposal of the present petition are that the deceased Sh. Ramnik Kumar was expired on 14.08.2017 at Dr. Ram Manohar Lohia Hospital, New Delhi. The deceased was the fatherinlaw of the petitioner no. 1. The husband of the petitioner no. 1/Hema Nayyar has already expired leaving behind the petitioner no. 1 to 3. It is also stated that the deceased Sh. Ramnik Kumar was having the MIS Account with the Ashok Vihar Post Office. It is also stated the deceased Sh. Ramnik Kumar has left behind the petitioner no. 1/daughterinlaw, petitioner no. 2/grandson, petitioner no. 3/granddaughter, respondent no. 2/wife, respondent no. 3/son and respondent no. 4/daughter as his legal surviving members. Hence, the present petition has been filed by the petitioner for issuing succession certificate regarding all the debts/securities of the deceased.
3. It is further pleaded that the deceased Sh. Ramnik Kumar had not executed any will and thus there is no impediment in grant of Page No. 2/5 SCC No. 81/18 Hema Nayyar & Ors. Vs. State & Ors.
Date of Decision: 27.08.2019 succession certificate in respect of above said debts, securities and insurance policies.
4. General public was served through publication in daily newspaper 'Rashtriya Sahara' dated 29.08.2018, but none appeared from general public to oppose or contest the present petition.
5. Report regarding LRs of the deceased from the office of SubDivisional Magistrate, Saraswati Vihar, Delhi has been filed. It is also reported that following are the surviving members of the deceased Sh. Ramnik Kumar:
(i) Kanchan Wife
(ii) Neetu Chugh Daughter
(iii) Amit Kumar Son
(iv) Hema Nayyar Daughterinlaw
(v) Parth Nayyar Grand Son
(vi) Yashika Grand Daughter
6. The petitioners examined Sh. S.D. Dahiya, Public Relations Inspector, Ashok Vihar, Post Office, Delhi as RW1. He has brought the statement of MIS Account bearing no. 3443912244 of deceased Sh. Ramnik Kumar. As per record, there is a total sum of Rs. 4,50,000/ in the said account. He has also produced the statement of the saving account bearing no. 3441407797 of the deceased Sh. Ramnik Kumar. As per record, there is a total sum of Rs. 3,356/. The said record was exhibited as Ex. RW1/1 (Colly).
7. The petitioners further examined the respondent no. 2 Smt. Kanchan as RW2, respondent no. 3 Sh. Amit Kumar as RW3 and respondent no. 4 Smt. Neetu Chugh as RW4. They all have tendered their no objections vide affidavit Ex. RW2/A, Ex. RW3/A and Ex. RW4/A respectively. They all have also relied upon the copies of their aadhar card which were exhibited as Ex. RW2/1, Ex. RW3/1 and Ex.
Page No. 3/5 SCC No. 81/18Hema Nayyar & Ors. Vs. State & Ors.
Date of Decision: 27.08.2019 RW4/1 respectively.
8. The petitioners further examined the petitioner no. 1 Smt. Hema Nayyar as PW1 vide affidavit Ex. PW1/A. She has deposed that the petitioner no. 2 & 3 are the minor and she is representing them being their natural guardian. She has relied upon the following documents: S. No. Details of documents Exhibited
1. Copy of death certificate of deceased Sh. Ex. PW1/1 Ramnik Kumar
2. Copy of aadhar card of the deceased Sh. Ex. PW1/2 Ramnik Kumar
3. Death certificate of deceased Sh. Sumit Ex. PW1/6 Kumar Nayyar
4. Copy of aadhar card of deceased Sh. Sumit Ex. PW1/7 Kumar Nayyar
5. Copy of aadhar card of the petitioner no. 1 Ex. PW1/8 6 Copy of aadhar card of the petitioner no. 2 Ex. PW1/9
7. Copy of aadhar card of the petitioner no. 3 Ex. PW1/10
9. The petitioners did not examine any other witnesses and vide order dated 21.08.2019, the petitioner's evidence was closed.
10. I have heard the submissions of the learned counsel for the petitioners and perused the entire material available on record and carefully gone through the same.
11. Considering the above stated facts, this Court is of the opinion that there is no impediment in grant of Succession Certificate in respect of following debts, securities and insurance policies of the deceased Sh. Ramnik Kumar in favour of his aforementioned legal heirs:
Page No. 4/5 SCC No. 81/18Hema Nayyar & Ors. Vs. State & Ors.
Date of Decision: 27.08.2019
S. Name of the A/C No. Type Amount Holder's
No. Post Office of A/C Name
1. Shashtri Nagar 3443912244 MIS Rs. 4,50,000/ Late Sh.
Post Office, Ramnik
Delhi. Kumar
2. Shashtri Nagar 3441407797 Saving Rs. 3,356/ Late Sh.
Post Office, Ramnik
Delhi. Kumar
12. In the present case, since the deceased Sh. Ramnik Kumar is ordered to be issued in favour of the petitioner no. 1 Smt. Hema Nayyar on furnishing of an Indemnity Bond of the same value with one surety of like amount within one month from today. Petitioner is also directed to file court fees for issuance of succession certificate.Digitally signed by
SUNIL SUNIL KUMAR
KUMAR SHARMA
Date: 2019.08.28
SHARMA 11:39:43 +0530
Announced in the open court (SUNIL KUMAR SHARMA)
on 27th day of August 2019 ACJcumCCJcumARC (NW)
(This judgment contains 5 pages and each page Rohini Courts, Delhi
has been signed by me)
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