Delhi District Court
Anita Sharma vs . State & Others on 24 January, 2015
Anita Sharma vs. State & Others
IN THE COURT OF SH. DEVENDER KUMAR GARG,
ACJCCJARC(EAST), KARKARDOOMA COURTS, DELHI
SC No.: 75/13
Case ID No.: 02402C0281602013
IN THE MATTER OF:
Smt. Anita Sharma
W/o Late Shri Arun Kumar Sharma,
R/o PocketE, Flat no.2,
Mayur Vihar, PhaseII,
Delhi110091. ....Petitioner
vs.
1. State
2. HDFC Bank Ltd.
Laxmi Deep Building,
Laxmi Nagar, District Center,
Vikas Marg, Delhi110092.
3. Ms. Aditi Sharma
D/o Late Shri Arun Kumar Sharma
R/o Pocket E, Flat no.2,
Mayur Vihar, PhaseII,
Delhi110091.
4. Smt. Savitri Devi Sharma
W/o Late Shri D.C. Sharma,
R/o 303304, Shankar Dham,
F6, Sundarvan Complex Lokhandwala,
Andheri (W) Mumbai, Azad Nagar,
Mubmai, Maharashtra 400053. .....Respondents
SC 75/13 Page No. 1/4
Anita Sharma vs. State & Others
DATE OF INSTITUTION : 03.09.2013
DATE OF RESERVING THE ORDER : 20.01.2015
DATE OF DECISION : 24.01.2015
PETITION U/S 372 OF INDIAN SUCCESSION ACT
JUDGMENT
1. The present petition was filed under section 372 of the Indian Succession Act by Smt. Anita Sharma (hereinafter called petitioner) for grant of a succession certificate in respect of the amount available in the saving bank account nos. 01201000078869 & DP ID: IN 300476 & Client ID: 40134952 at HDFC Bank Laxmi Deep Building, Vikas Marg, Laxmi Nagar, Delhi in the name of her husband namely Arun Kumar Sharma who expired at Delhi on 16.10.2011.
2. The petitioner is governed by Hindu Law.
3. The Notice of the present petition was given to State by way of publication for the general public in the newspaper 'Veer Arjun' dated 15.01.2015 and witness from HDFC Bank was called.
4. No member of the general public has filed any objection to the petition. The other legal heirs Ms. Aditi Sharma i.e. daughter made statement as RW2 to the effect that she had no objection to the grant of Succession Certificate in favour of the petitioner. RW2 also filed identity proof viz copy of her pass port (Ex RW2/A) (OSR). Smt Savitri Devi Sharma who is mother in law of petitioner could not appear in the court to make the statement. Statement was given on her behalf by her grand daughter namely Ms. Aditi Sharma. It was deposed by Ms. SC 75/13 Page No. 2/4 Anita Sharma vs. State & Others Aditi Sharma as RW2 that she had already been authorized by her grand mother regarding no objection if succession certificate in respect of saving bank account and demat account of the deceased is issued in favour of petitioner. Power of attorney is Ex. RW2/B. Affidavit of Smt. Savitri Devi Sharma regarding no objection is Ex. RW2/C. The identity proof of Smt. Savitri Devi is mark A.
5. The death of Arun Kumar Sharma was proved by PW1 by filing the death certificate Ex. PW1/1. The identify of the petitioner was established from her election identity card (Ex. PW1/2) (OSR). Statement of saving bank and demat account is already exhibited as Ex. RW1/A & RW1/B.
6. As to the bank account qua which the succession certificate is sought, RW1 filed the statement of saving bank account bearing no. 01201000078869 (Ex. RW1/A) (consisting of 3 pages) as well as RW3 filed the statement of DP ID: IN 300476 & Client ID: 40134952 (RW3/1) and deposed that the same stands in the name of deceased Arun Kumar Sharma and reflects a balance of saving bank account of Rs.1,53,476.31/ & Rs. 10,12,075.60/.
7. In view of the statements of PW1 and RW1 to RW3, the court finds no impediment to the grant of Succession Certificate to the petitioner.
8. The death certificate of the deceased records the place of death to be at Delhi. This leads to the fair conclusion that the deceased was ordinarily a resident of Delhi and this court has jurisdiction to grant a succession certificate.
9. The present petition is allowed. It is directed that a succession certificate be issued in favour of petitioner Smt. Anita Sharma W/o Late Sh. Arun Kumar Sharma with respect to the amount of Rs. 1,53,476.31/ alongwith any SC 75/13 Page No. 3/4 Anita Sharma vs. State & Others further interest in saving bank account no. 01201000078869 as well as amount of Rs. 10,12,075.60 in DP ID: IN 300476 & Client ID: 40134952 in the name of Arun Kumar Sharma @ Arun K Sharma at HDFC Bank, Laxmi Deep Building, Laxmi Nagar, District Centre Vikas Marg, New Delhi110092.
10. Let requisite court fee and an indemnity bond with one surety of like amount be furnished within 15 days.
11. File be consigned to Record Room.
Announced in open Court. DEVENDER KUMAR GARG
Delhi Dated the 24.01.2015 ACJCCJARC(EAST)
This Judgment contains 4 pages KKD Courts/Delhi.
and each paper is signed by me.
SC 75/13 Page No. 4/4