Delhi District Court
Smt. Renu Malhotra vs State on 27 January, 2023
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IN THE COURT OF MS NIHARIKA KUMAR SHARMA
ACJ-CUM-CCJ-CUM-ARC, NORTH DISTRICT, ROHINI
DELHI
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Succession Case No. 59/20
In the matter of :-
Smt. Renu Malhotra
W/o Late Sh. Deepak Malhotra
R/o H. No. 29, Ishwar Colony,
Model Town, Dr. Mukherjee Nagar, Delhi-09.
.....Petitioner
Versus
1. State
2. Mr. Hitesh Malhotra
S/o Late Sh. Deepak Malhotra
R/o H. No. 29, Third Floor, Ishwar Colony,
Gujranwala Colony, Delhi-09.
3. Ms. Vani Malhotra
D/o Late Sh. Deepak Malhotra
R/o H. No. 29, Third Floor, Ishwar Colony,
Gujranwala Colony, Delhi-09.
Presently at 776 Angler Way,
Waterloo, ONN2K4L7
Canada.
....Respondents
Date of Institution : 28.11.2020
Date reserve for order : 21.12.2022
Date of Pronouncement : 27.01.2023
SCC No. 59/20 Renu Malhotra Vs. State and ors. Page No. 1/4
Petition for grant of Succession Certificate in respect of the
"Debts & Securities", shares etc of Late Sh. Deepak Malhotra
u/s 372 of Indian Succession Act, 1925
JUDGMENT
1. The present petition has been filed u/s 372 of Indian Succession Act, 1925 for grant of succession certificate in respect of "debts & securities, shares etc. of Late Sh. Deepak Malhotra, which is lying with the Alankit Assignments Ltd., 1E/13, Ground Floor, Jhandewalan Ext. New Delhi-55 bearing account no. 11076320 as well as other consequences relief as per law in the name of Late Sh. Deepak Malhotra (hereinafter referred to as "deceased").
2. General public was informed by way of publication in a newspaper namely "Veer Arjun" dated 01.04.2021. However, despite publication, no one from general public has come forward to file objections to the issuance of succession certificate in favour of the petitioners.
3. Notice was issued to SDM, Bailiff, SDM Office, Model Town, Delhi to file the verification report as to the LRs of the deceased. Statement of Sh. Vinod Kumar, Bailiff, SDM Office, Model Town, Delhi is recorded separately. He has filed report regarding the status of LRs of Late Sh. Deepak Malhotra which is exhibited as Ex. RW1/1. As per report sent by the SDM, the deceased had left behind three legal heirs namely Mrs. Renu Malhotra (wife), Vani Malhotra (daughter) and Sh. Hitesh SCC No. 59/20 Renu Malhotra Vs. State and ors. Page No. 2/4 Malhotra (35). Death certificate of Sh. Deepak Malhotra is exhibited as Ex.PW1/2.
4. In support of her petition, petitioner Renu Malhotra has tendered her evidence by way of affidavit, which is exhibited as Ex.PW1/A. She relied upon documents i.e. Ex.PW1/1 to Ex.PW1/4, Mark A and Mark B.
5. Respondent no. 2 has given his no objection and his statements is recorded separately to the effect that he has no objection if the succession certificate for assets/ebts and securities as alleged in the present case be issued in the name of petitioner. Respondent no. 2 has also given statement of no objection on behalf of respondent no. 3 as he is the SPA Holder of respondent no. 3. SPA is Ex.RW3/1. Copy of Aadhar card of respondent no. 2 is exhibited as Ex.RW2/1.
6. Statement of Sh. Shambhu Chaturvedi, Manager/Authorized Signatory of Alankit Assignments Ltd., 1E/13, Ground Floor, Jhandewalan Ext. New Delhi-55 is recorded as PW2. He has brought the summoned record of statement of account bearing number 11076320 of Sh. Deepak Malhotra and client master list of same. He has confirmed from the record that the total amount of shares in the said account is Rs. 11,24,544.20/- as on 30.11.2022.
7. Petitioner no. 1 is entitled for the succession certificate for the amount of Rs. 11,24,544.20/- as on 30.11.2022 lying with Alankit Assignments Ltd., 1E/13, Ground Floor, SCC No. 59/20 Renu Malhotra Vs. State and ors. Page No. 3/4 Jhandewalan Ext. New Delhi-55 as well as other consequences relief as per law along with interest, if any.
8. Petitioner no. 1 is directed to file court fee at the rate of 2.5% for the whole amount in terms of Article 12 Schedule 1 of the Court Fees Act, 1870 as applicable to Delhi and an indemnity bond in the total sum of Rs.11,24,544.20/- with one surety of the like amount.
No order as to cost.
File be consigned to record room after due compliance.
ANNOUNCED IN OPEN COURT on 27th January, 2023 (Niharika Kumar Sharma) ACJ-CUM-CCJ-CUM-ARC (NORTH) ROHINI COURT, DELHI SCC No. 59/20 Renu Malhotra Vs. State and ors. Page No. 4/4