Delhi District Court
Bharti And Ors vs State And Ors on 19 February, 2025
Digitally
signed by
MANSI MANSI
Date:
MALIK
MALIK 2025.02.19
16:35:54
+0530
IN THE COURT OF MS. MANSI MALIK, ADMINISTRATIVE CIVIL
JUDGE/ADDITIONAL RENT CONTROLLER : NORTH-WEST
DISTRICT: ROHINI COURTS: DELHI.
Succession Petition No. 145/2018
CNR No. DLNW03-002826-2018
Date of Institution : 22.12.2018
Date of Judgment : 19.02.2025
Final Order : Petition allowed.
1. Smt. Bharti W/o late Sh. Praveen Kumar
2. Master Garvit S/o late Sh. Praveen Kumar
3. Baby Tanushi D/o late Sh. Praveen Kumar
(Both Petitioner no. 2 & 3/Minors through their
natural guardian/mother)
All R/o H. No. 17, Village Chandpur,
Delhi-110081. ... Petitioner
VERSUS
1. State
Govt. of NCT Delhi
2. Smt. Rajbala W/o Sh. Daya Nand,
R/o H. No. 30, Village Chandpur,
Delhi-110081.
2) ICICI Prudential Life Insurance Corporation Ltd.
Through its Manager,
Office at 2/2A, Universal Insurance Building,
Asaf Ali Road, New Delhi-110002.
Also at
ICICI Prudential Life Insurance Corporation Ltd.
Through its Manager,
Office at : Unit no. 1A & 2A, Raheja Tipco Plaza,
Rani Sati Marg, Malad(East),
Mumbai-400097. ... Respondents
SCC No. 145/2018 Bharti Vs. State Page No. 1 of 5
Digitally signed by MANSI MANSI Date:
MALIK MALIK 2025.02.19 16:36:00 +0530 JUDGMENT ON PETITION UNDER SECTION 372 OF THE INDIAN SUCCESSION ACT
1. The present petition has been filed by petitioner under Section 372 of Indian Succession Act, 1925, seeking issuance of succession certificate with respect to the LIC Policy no. 20287632 with ICICI Prudential Life Insurance Corporation Ltd. (hereinafter referred to as "assets") left behind by the deceased Sh. Praveen Kumar (hereinafter referred to as "deceased").
2. As per petition, petitioner is the wife of the deceased Sh. Praveen Kumar, who expired on 20.04.2017 and at that time, he was ordinarily residing at H. No. 17, Village Chandpur Dabas, Delhi-110081. It is stated that there is no impediment to the grant of succession certificate under the Succession Act in favor of the petitioner.
3. After filing of present petition, notice was issued and general public was served through publication in daily newspaper 'Virat Vaibhav', Hindi edition dated 07.02.2019 to invite objections from the public at large to the grant of succession certificate to the petitioner but none appeared from general public to oppose or contest the present petition.
4. A report regarding LRs of deceased has also been received from the office of SDM Office, Kanjhawala, Delhi as per which Raja Bala (mother), Bharti (wife), Garvit (son) and Tanushi (daughter) are the legal heirs of the deceased.
5. During the summary proceedings conducted as per Section 372 of the Indian Succession Act, 1925, two witnesses were examined.SCC No. 145/2018 Bharti Vs. State Page No. 2 of 5
Digitally signed by MANSI MANSI Date:
MALIK MALIK 2025.02.19 16:36:03 +0530
6. PW-1/Petitioner Smt. Bharti tendered her evidence by way of affidavit Ex. PW-1/1 testifying that she is the wife of the deceased and that no Will was executed by her husband in respect of his LIC policy. She further testified that there are four legal heirs of the deceased including her.
She stated that petitioner no. 2 & 3 are the minor children of the deceased Parveen Kumar and she is also representing them being their natural guardian. She relied upon the following documents:-
1. Copy of aadhar card of deceased Parveen Kumar i.e. Ex. PW1/A(OSR);
2. Death certificate of the deceased Parveen Kumar is Ex. PW1/B;
3. Copy of LIC Policy of the deceased is Ex. PW1/C;
4. Copy of her Aadhar card is Ex. PW1/D (OSR);
5. Copy of Aadhar card of master Garvit is Ex. PW1/E (OSR);
6. Copy of Aadhar card of baby Tanushi is Ex. PW1/F (OSR);
7. Copy of PAN Card of deponent is Ex. PW1/G (OSR);
8. Copy of letter dated 27.11.2018 along with postal receipts is Ex. PW1/H (Colly);
9. Copy of surviving member certificate is Ex. PW1/I (OSR).
Right of respondent no. 2 to cross examine the witness was closed vide order dt. 04.09.2024.
7. RW-1 Sh. Rohit Tiwari, Development Manager, ICICI, Punjabi Bagh Branch, New Delhi-110027 brought the record of claim amount in respect of policy no. OS06338709 in the name of Late Sh. Parveen Kumar. As per the above said policy, a total sum of Rs. 2 Cr. is payable to the nominee Smt. Raj Bala. The status report regarding policy No. OS06338709 is Ex. P-1. The certificate on behalf of Raj Bala for payment of claim amount is Ex. P-2 and Customer Declaration form is Ex. Р-3.
SCC No. 145/2018 Bharti Vs. State Page No. 3 of 5 Digitally signedMANSI by MANSI MALIK MALIK Date:
2025.02.19 16:36:07 +0530
8. No objection/WS was filed on behalf of respondent no. 2 during the course of the proceedings. Thus, her right to lead RE was closed vide order dt. 04.09.2024.
9. Thereafter, PE was closed vide order dated 04.09.2024 and the matter was listed for final arguments. During the course of arguments, Ld. Counsel for the petitioner submitted that the assets be divided equally amongst all the LR's.
10. Heard. Perused.
11. From the material on record, it stands proved that deceased Sh. Praveen Kumar expired on 20.04.2017 and at that time, he was ordinarily residing at H. No. 17, Village Chandpur Dabas, Delhi-110081 which confers the territorial jurisdiction upon this Court.
12. As per LR report filed on behalf of SDM Office, Kanjhawala, Delhi as per which Raja Bala (mother), Bharti (wife), Garvit (son) and Tanushi (daughter) are the legal heirs of the deceased.
13. As per the testimony of concerned official from ICICI Prudential Lie Insurance Corporation Ltd. and status report Ex. P-1, the total amount payable towards the policy in question left behind by the deceased has been brought on record.
14. None of the witnesses have deposed or have brought on record any Will stated to have been executed by the deceased Praveen Kumar during his lifetime. Therefore all his surviving Class-1 heirs are prima facie SCC No. 145/2018 Bharti Vs. State Page No. 4 of 5 equally entitled to the assets of the deceased as per intestate succession. Further, petitioner no. 1 is also representing petitioner no. 2 & 3 being their natural guardian. Thus, petitioner no. 1 (including the shares of petitioner no. 2 and petitioner no. 3) and respondent no. 2 are entitled to ¾ and ¼ share respectively in the assets of the deceased as per intestate succession.
15. Thus, considering that the petitioner no. 1 and respondent no. 2 are held entitled to Succession Certificate in respect of amount of Rs. 2 Cr. which is due and payable towards the ICICI Prudential Life Insurance Policy No. OS06338709 of the deceased along with accrued interest, if any as per their shares as mentioned above.
16. Individual succession certificates be issued in favor of the petitioners and respondent no. 2 on furnishing of separate Indemnity Bond of the value of their individual share of the assets of the deceased with one surety of like amount each within one month from today. Petitioners and respondent no. 2 to file court fees in terms of Article 12 Schedule 1 of the Court Fees Act as applicable to Delhi for issuance of succession certificate.
17. It is clarified, that succession certificate shall be considered only as an entitlement of petitioners and respondent no. 2, to receive the amount due towards the deceased Praveen Kumar from concerned Bank(s) /company so as to discharge the debtor(s).
18. File be consigned to Record Room after due compliance.
Digitally signed by MANSI MANSI MALIK MALIK Date:
Announced in (Mansi Malik)
2025.02.19
16:36:20
+0530
open Court on 19.02.2025 ACJ/ARC (North West)
Rohini Courts, Delhi.
SCC No. 145/2018 Bharti Vs. State Page No. 5 of 5