Delhi District Court
Santosh vs State And Ors on 26 March, 2025
IN THE COURT OF MS. SWAYAM SIDDHA TRIPATHY,
ADMINISTRATIVE CIVIL JUDGE-CUM-COMMERCIAL
CASES JUDGE-CUM-ADDITIONAL RENT CONTROLLER,
SOUTH WEST DISTRICT, DWARKA COURTS, NEW DELHI
CNR No. DLSW030008672024
SANTOSH V. THE STATE & ORS.
a) Succession Court Case No. : 64/2024
b) Name & address of the : Smt. Santosh
petitioner W/o Late Sh. Rajesh Kumar
R/o RZF 774/23, Gali no. 14,
Raj Nagar-II, Palam Colony,
New Delhi-110077.
c) Name & address of the : 1. The State
respondents (Govt. of NCT Delhi),
2. The Medical Director,
Lok Nayak Hospital,
New Delhi-110002.
3. Ms. Varsha
D/o Late Sh. Rajesh Kumar
R/o RZF 774/23, Gali no. 14,
Raj Nagar-II, Palam Colony,
New Delhi-110077.
4. Ms. Sheetal
D/o Late Sh. Rajesh Kumar SWAYAM
SIDDHA
R/o RZF 774/23, Gali no. 14, TRIPATHY
Digitally signed by
Raj Nagar-II, Palam Colony, SWAYAM SIDDHA
TRIPATHY
Date: 2025.03.26
New Delhi-110077.
17:37:23 +0530
Succ Court no. 64/2024 Santosh v. The State & Ors . Page No. 1 of 8
Date of Institution of petition : 20.04.2024
Date of pronouncement of judgment : 26.03.2025
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. Pravesh Kumar.
JUDGMENT
1 The Case: 1.1 The present petition has been filed by the petitioner 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. Pravesh Kumar.
2 Petitioner's case:
2.1 The case of the petitioner is that the deceased expired on 03.06.2022 and was the resident of House No. RZF-
774/23, Gali No. 14, Raj Nagar-II, Palam Colony, New Delhi-110077. It is averred that the deceased was working as a sweeper having Emp. ID no. 56677100, in Lok Nayak Hospital. The deceased was unmarried at the time of his death. The father of the deceased namely Sh. Rajesh Kumar had expired on 24.03.2014. The deceased was survived by three legal heirs i.e. the petitioner who is stated to be the mother of the deceased and respondent no. 3 and 4 who are stated to be the sisters of the deceased.
SWAYAM SIDDHA 2.2 The petitioner has approached this Court with the instant TRIPATHY Digitally signed by SWAYAM SIDDHA petition seeking grant of succession certificate in respect of TRIPATHY Date: 2025.03.26 17:37:31 +0530 Succ Court no. 64/2024 Santosh v. The State & Ors . Page No. 2 of 8 debts and securities of the deceased i.e. gratuity, death- cum-retirement benefits and allowances held with Medical Director, Lok Nayak Hospital, New Delhi-110002.
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 03.05.2024, however, none appeared on behalf of public at large, to raise any objection to grant of succession certificate in favour of the petitioner.
4 Respondent's Case:
4.1 Pursuant to the notice, official appeared on behalf of respondent no. 2 and filed reply/details of service/death benefits of the deceased.
4.2 Respondent no. 3 and 4 appeared before the Court and gave their no objection to the claim of the petitioner. Their joint statement has been recorded separately on 03.09.2024.
5 Petitioner's Evidence:
5.1 To prove her case, petitioner examined herself as PW-1 and tendered her evidence vide Ex. PW-1/1. PW-1 relied on the following documents:
i. Copy of her Aadhar Card is exhibited as Ex.
PW-1/A. SWAYAM ii. Death Certificate of deceased Late Sh. Pravesh SIDDHA TRIPATHY Kumar (son) is exhibited as Ex. PW-1/B. Digitally signed by SWAYAM SIDDHA TRIPATHY Date: 2025.03.26 17:37:39 +0530 Succ Court no. 64/2024 Santosh v. The State & Ors . Page No. 3 of 8 iii. Death Certificate of deceased Late Sh. Rajesh Kumar (husband) is exhibited as Ex. PW-1/C. iv. Affidavit-cum-NOC of respondent no. 3 and 4 are already exhibited as Ex. R-1 and R-2. 5.2 PW-1 deposed before the Court on Oath that deceased Late Sh. Pravesh Kumar was unmarried at the time of his death.
PW-1 relied upon the reply filed by the respondent no. 2/department wherein details of death/service benefits have been mentioned.
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.
5.4 Petitioner closed her evidence vide separate statement recorded on 26.03.2025.
6 Final Arguments:
6.1 During the course of final arguments, it was submitted by Counsel for petitioner that petitioner seeks succession certificate in respect of debts and securities of the deceased i.e. amount of Rs. 85,947/- payable for death/service benefits of the deceased held with Office of the Medical Director, Lok Nayak Hospital, New Delhi. Counsel for petitioner submits that respondent no. 3 and 4 being the sisters of the deceased gave their no objection to the claim of the petitioner. Furthermore, none on behalf of public raised any objection to the present petition. Thus, it was SWAYAM finally prayed that succession certificate be issued in SIDDHA TRIPATHY favour of petitioner. Digitally signed by SWAYAM SIDDHA TRIPATHY Date: 2025.03.26 17:37:46 +0530 Succ Court no. 64/2024 Santosh v. The State & Ors . Page No. 4 of 8 6.2 Heard the final arguments advanced by Counsel for the petitioner. This Court has carefully perused the evidence on record in light of the contents of the petition and considered the oral submissions advanced by Counsel for petitioner.
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 of Rs. 85,947/- of death/service benefits of the deceased held with Office of the Medical Director, Lok Nayak Hospital, New Delhi. The details of the same are as under:
S.N. Pensionary Benefits Amount (Rs.)
1. Salary due from 02.02.2022 Rs. 69,593/-
to 31.03.2022
2. Death Gratuity (less than ten Rs. 48,240/- (Rs.
years) 24,120x2)
3. Total Due Rs. 1,17,833/-
4. Recovery due for overpaid Rs. 31,886/-
salary w.e.f. 04.06.2022 to
30.06.2022
Net payable amount Rs. 85,947/-
7.2 Therefore, the total value of the securities held by the
deceased for which Succession Certificate has been SWAYAM
SIDDHA
applied for Rs. 85,947/- (Rupees Eighty Five Thousand TRIPATHY
Digitally signed by
SWAYAM SIDDHA
Nine Hundred Forty Seven Only).
TRIPATHY
Date: 2025.03.26
17:37:54 +0530
Succ Court no. 64/2024 Santosh v. The State & Ors . Page No. 5 of 8
7.3 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".
7.5 From the oral and documentary evidence on record, prima facie it can be said that the deceased was the resident of RZF-774/23, Gali No. 14, Raj Nagar-2, Palam Colony, Delhi which is shown in the death certificate Ex. PW-1/B. The matter thus, falls within the jurisdiction of this Court. The father of the deceased had already expired on 24.03.2014 as shown in the death certificate Ex. PW-1/C. The deceased was unmarried at the time of his death as per averments mentioned in the petition and testimony of PW-1. Though the respondent no. 3 and 4 who are the Digitally signed by SWAYAM sisters of the deceased have been mentioned as the legal SWAYAM SIDDHA SIDDHA TRIPATHY TRIPATHY Date:
2025.03.26 17:38:01 heirs of the deceased, however, they are not the Class-I +0530 Succ Court no. 64/2024 Santosh v. The State & Ors . Page No. 6 of 8 legal heirs as per Hindu Succession Act. Even otherwise, they have given their no objection to the grant of succession certificate in favour of the petitioner. Thus, the deceased who expired on 03.06.2022 was survived by only one Class-I legal heir i.e. the petitioner (mother). 7.6 The claim of the petitioner 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 petitioner. 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 aforesaid reasons, this Court holds that petitioner is entitled to grant of succession certificate under Section 373 of the Act in respect of debts and securities of the deceased Late Sh. Pravesh Kumar (Emp. ID no.
56677100) i.e. death/service benefits to the tune of Rs. 85,947/- (Rupees Eighty Five Thousand Nine Hundred Forty Seven Only) held with Medical Director, Lok Nayak SWAYAM SIDDHA TRIPATHY Hospital, New Delhi. Petitioner is also entitled to Digitally signed by SWAYAM SIDDHA TRIPATHY interest/dividend/bonus/consequential benefits, if any, Date: 2025.03.26 17:38:09 +0530 Succ Court no. 64/2024 Santosh v. The State & Ors . Page No. 7 of 8 accrued thereupon. (Details of the securities are mentioned in the table of para no. 7.1).
8.2 Accordingly, succession certificate be issued to the petitioner 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.
8.3 Petition is accordingly, disposed of.
SWAYAM SIDDHA TRIPATHY Digitally signed by SWAYAM SIDDHA TRIPATHY Date: 2025.03.26 17:38:14 +0530 Pronounced in the (Swayam Siddha Tripathy) open Court on 26.03.2025 ACJ-CCJ-ARC, South West District, Dwarka Courts, Delhi Succ Court no. 64/2024 Santosh v. The State & Ors . Page No. 8 of 8