Delhi District Court
Vitola Davi vs Jitender Sharma And Ors on 4 December, 2023
SC No.87/2023 Vitola Davi v. Jitender Sharma & Ors.
IN THE COURT OF MS. NEHA PRIYA
ACJ-cum-CCJ-cum-ARC, SOUTH
SAKET COURTS, DELHI.
SC No.87/2023
CNR No. DLST03-001273-2023
1. Vitola Davi
W/o late Sh. Jokhu Lal
R/o House No. C 26 B
Block C, Paryavaran Complex
Post Office Mehrauli
Saidulajab, South Delhi, Delhi-110030
........Petitioner
Versus
1. Jitender Sharma
S/o late Sh. Jokhu Lal
R/o House No.C 26 B
Block C, Paryavaran Complex
Post Office Mehrouli
Saidulajab, South Delhi, Delhi-110030
2. Laxmi
D/o late Sh. Jokhu Lal
R/o House no.C 26 B
Paryavaran Complex
Saidulajab, Mehrauli
South Delhi, Delhi-110030
3. Babita Sharma
D/o late Sh. Jokhu Lal
W/o Rakesh Kumar Sharma
R/o D 45/115, New Basti
Ram Krishn Mishan Aspatal
Ramapura Luxa Road
Aitha, Mahmoorgang, Varanasi
Uttar Pradesh-221010
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SC No.87/2023 Vitola Davi v. Jitender Sharma & Ors.
4. SDM (Saket)
Sh. Radhey Shyam Meena
M. B. Road, Saket
New Delhi-110068 ......Respondents
PETITION FOR GRANT OF SUCCESSION
CERTIFICATE UNDER SECTION 372 OF THE INDIAN
SUCCESSION ACT, 1925
1. Date of Institution of Petition : 22.07.2023
2. Date of Order : 04.12.2023
3. Decision : Petition Allowed
JUDGMENT
1. Vide this judgment, this Court shall dispose off the petition filed by petitioner for grant of succession certificate in respect of saving account bearing no.5046000007 with Citi Bank in the name of Late Sh. Jokhu Lal.
2. In the petition, it is inter-alia pleaded that petitioner is the wife, respondent no.1 is the son, and respondent no.2 and 3 are the daughters of the deceased late Sh. Jokhu Lal, who expired on 06.11.2022; apart from petitioner and respondent no.1 to 3, there is no other surviving legal heir of the deceased; the deceased was ordinarily residing within the territorial jurisdiction of this Court; and there is no legal impediment in the grant of succession certificate in favour of the petitioner.
3. Perusal of the record reflects that notice of this petition was given to the general public by way of publication in the newspaper "Veer Arjun" on 08.09.2022. In response to the notice, no person from the general public came forward to offer 2 of 6 SC No.87/2023 Vitola Davi v. Jitender Sharma & Ors.
any objection qua grant of succession certificate to the petitioner.
4. During the summary proceedings conducted as per Section 373 of the Indian Succession Act, 1925, six persons were examined in the form of PW-1 i.e. Ms. Vitola Davi, PW-2 i.e. Sh. Gajendra Singh, Officer, Citi Bank, DLF Capital Point, Baba Khadak Singh Marg, Connaught Place, New Delhi, RW-1 i.e. Sh. Jitender Sharma, RW-2 i.e. Ms. Laxmi, RW-3 i.e. Ms. Babita Sharma, and RW-4 i.e. Sh. Rajesh Sharma, Patwari, SDM Office, Saket, New Delhi.
5. PW-1 Ms. Vitola Davi filed her affidavit of evidence in the form of Ex.PW1/1, wherein she reiterated the contents of the petition and relied upon documents Ex.PW1/A(OSR)(colly) i.e. copy of aadhar card and PAN card of petitioner; Ex.PW1/B(OSR) i.e. copy of death certificate of the deceased late Sh. Jokhu Lal; and Ex.PW1/D(OSR) i.e. copy of surviving member certificate.
6. PW-2 Sh. Gajendra Singh, who appeared on behalf of Citi Bank, deposed that late Sh. Jokhu Lal was holding a saving account in Citi Bank (with NIL balance) and a demand draft of Rs.2,30,538.33/- was made against the said account and sent via registered post to him at 166 B, Chapter Road, London, UK. However, the funds are still with the bank and the DD has not been paid.
7. RW-1 to RW-3 stated that they have no objection to 3 of 6 SC No.87/2023 Vitola Davi v. Jitender Sharma & Ors.
grant of succession certificate, in respect of debts and securities of deceased late Sh. Jokhu Lal, in favour of the petitioner, Ms. Vitola Davi.
8. RW-4 Sh. Rajesh Sharma, who appeared on behalf of respondent no.4 filed report regarding the legal heirs of late Sh. Jokhu Lal, who expired on 06.11.2022, as per which he left behind following legal heirs:
S. No. Name of Members Relationship with deceased
1. Smt. Vitola Davi wife
2. Sh. Jitender Sharma son
3. Smt. Babita Sharma daughter
4. Smt. Laxmi daughter The same was exhibited as Ex.RW4/A.
9. I have heard the submissions made by Ld. Counsel for the petitioner, perused the record and gone through the relevant provisions of law.
10. Testimony of PW-1 and RW-1 to RW-4 prove that Sh. Jokhu Lal expired on 06.11.2022, and petitioner and respondent no.1 to 3 are his only known surviving legal heirs. Testimony of PW-2 proves that late Sh. Jokhu Lal was holding a saving account bearing no.5046000007 in Citi Bank, DLF Capital Point, Baba Khadak Singh Marg, Connaught Place, New Delhi and a demand draft for an amount of Rs.2,30,538.33/- issued against the said account is still unpaid.
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11. Respondent no. 1 to 3 have no objection to issuance of succession certificate in favour of the petitioner. No one else has come forward to oppose this succession petition despite publication in newspaper.
12. In light of the facts and circumstances and on the basis of material placed on record, petitioner is entitled to succession certificate and there exists no impediment in grant of succession certificate to her. Thus, present petition qua the grant of succession certificate in respect of saving account bearing no.5046000007 in the name late Sh. Jokhu Lal, and a demand draft for an amount of Rs.2,30,538.33/- (Rupees Two Lakhs Thirty Thousand Five Hundred Thirty Eight and Thirty- three Paisa only) against the said account, existing with Citi Bank, DLF Capital Point, Baba Khadak Singh Marg, Connaught Place, New Delhi, is hereby allowed.
13. Accordingly, succession certificate be issued in favour of petitioner, upon filing of requisite court fees and indemnity bond.
14. The succession certificate shall be considered only as an entitlement of the petitioner to receive the amount of aforesaid demand draft (with up-to date interest, if any) from Citi Bank, DLF Capital Point, Baba Khadak Singh Marg, Connaught Place, New Delhi. Above-said bank may seek compliance of formalities, if any, by the petitioner for securing release of the aforesaid amount, as per rules.
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15. File be consigned to record room after due Digitally compliance. signed by NEHA NEHA PRIYA Date:
PRIYA 2023.12.04
16:29:23
+0530
Announced in the open Court (NEHA PRIYA)
on 04.12.2023 ACJ-CCJ-ARC/South,
Saket Court/Delhi
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