Delhi District Court
Trija John vs . State & Ors. on 26 July, 2022
IN THE COURT OF SH. DEEPAK VATS
Administrative Civil Judge - Commercial Civil Judge
Additional Rent Controller
South-East, Saket Courts, Delhi
SC No.142/2021
Trija John Vs. State & Ors.
Trija John
W/o Sh. Gagan Marion John,
R/o K-49, 3rd Floor, Punjabi Bagh,
Gurdwara Road, Kotla Mubarakpur,
Lodhi Road, New Delhi-110003.
.... Petitioner
Versus
1. Sub Divisional Magistrate,
Lajpat Nagar,
South East, Old Gargi College Building,
D.M. Office Road, Lajpat Nagar,
New Delhi-110024.
2. Mr. Saransh John
S/o late Gagan Marion John
H. No.K-49, 3rd Floor, Punjabi Bagh,
Gurdwara Road, Kotla Mubarakpur,
Lodhi Road, New Delhi-110003.
3. Ms. Bhoomika John
S/o late Gagan Marion John
H. No.K-49, 3rd Floor, Punjabi Bagh,
Gurdwara Road, Kotla Mubarakpur,
Lodhi Road, New Delhi-110003.
4. Indira Gandhi National Centre for the Arts,
Government of India, Ministry of Culture,
(Autonomous Trust) CV Mess, Janpath,
New Delhi-110001
Through its Chairman/Principal Officer.
.... Respondents
_____________________________________________________________________________________
SC No.142/2021
Trija John Vs. State & Ors.
Page no. 1 of 4
PETITION FOR GRANT OF SUCCESSION CERTIFICATE
UNDER SECTION 372 OF THE INDIAN SUCCESSION ACT,
1925
1. Date of Institution of Petition : 02.09.2021
2. Date of Judgment : 26.07.2022
3. Decision : Petition Allowed
JUDGMENT
1. This Judgment shall dispose of a petition filed by petitioner for grant of succession certificate in her favour qua the debt and securities in the name of her husband late Sh. Gagan Marion John with Indira Gandhi National Centre for the Arts in the form of pension
2. In the petition, it is inter-alia pleaded that late Sh. Gagan Marion John was husband of the petitioner who passed away on 08.04.2019. It is pleaded that at the time of his death, he was ordinarily residing within the territorial jurisdiction of this Court. It is pleaded that deceased left behind his wife, daughter and son as 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 newspaper 'Veer Arjun' on 11.10.2021 and 'The Statesman' on 10.10.2021. In response to the 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 _____________________________________________________________________________________ SC No.142/2021 Trija John Vs. State & Ors.
Page no. 2 of 4 examined.
5. In her testimony, PW-1 Trija John has tendered her evidence by way of affidavit Ex.PW1/A and relied upon the documents i.e. Ex.PW1/1 (aadhar card of the petitioner) (OSR) Ex.PW1/2 (I-Card of the deceased)(OSR), Mark PW1/3 (pay slip of the deceased)(OSR), Ex.PW1/4 (aadhar card of the deceased)(OSR), Ex.PW1/5 (death certificate of the deceased), Ex.PW1/6 (father of the deceased)(OSR), Ex.PW1/7 (surviving member certificate)(OSR) and Ex.RW2/A and Ex.RW2/A (although exhibited as Ex.PW1/8 and Ex.PW1/9 in the affidavit, yet de-exhibited as already exhibited). In the report filed by SDM concerned (Ex.RW1/A), petitioner and respondent no.2 & 3 have been declared as legal heir of the deceased late Sh. Gagan Marion John.
6. During his testimony, RW-4 Sh. Bijender Singh, Under Secretary from Indira Gandhi National Centre for Arts, Janpat, New Delhi has proved the terminal dues of Late Sh. Gagan John who was employed as Assistant Reprographer at IGNCA. The net payable amount as per final settlement after recoveries was Rs.22,28,847/-. His report was Ex.RW4/A and his reply was Ex.RW4/B.
7. I have perused the record and the testimonies of all the witnesses. I have also gone through the record.
8. Perusal of legal heir report of deceased Ex.RW1/A shows that the petitioner and respondent no.2 and 3 are the legal heir of late Sh. Gagan Marion John. Further, no one came forward to oppose issuance of succession certificate despite publication in newspaper.
_____________________________________________________________________________________ SC No.142/2021 Trija John Vs. State & Ors.
Page no. 3 of 4
9. In view of legal heir report and since no objection statement has been given by respondent no.2/Saransh John and respondent no.3/Bhoomika John in favour of petitioner, it is hereby ordered that succession certificate be issued in favour of petitioner namely Smt. Trija John for the debts and securities of late Sh. Gagan Marion John, which are as follows:
S. Name of the Office Name Amount
No. employees
1. late Sh. Gagan Indira Gandhi National Rs.22,28,847/-
Marion John Centre for Arts
10. 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. Gagan Marion John 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.
11. Upon filing of requisite Court fees of Rs.44,576.94 and indemnity bond with surety by petitioner, succession certificate be issued.
12. File be consigned to Record Room after due compliance as per law. DEEPAK Digitally signed by DEEPAK VATS Announced in open Court VATS Date: 2022.07.26 15:31:27 +0530 on 26th July, 2022 (Deepak Vats) ACJ-cum-CCJ-cum-ARC (South - East) Saket Courts, New Delhi _____________________________________________________________________________________ SC No.142/2021 Trija John Vs. State & Ors.
Page no. 4 of 4