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Delhi District Court

Sh. Gurdip Singh Sachar vs The State on 23 November, 2019

          IN THE COURT OF ACJ/CCJ/ARC (WEST)
               TIS HAZARI COURTS, DELHI

PRESIDED BY SH. AKASH JAIN


SC No. 39/19

Sh. Gurdip Singh Sachar
S/o Sh. Darshan Singh
R/o EA-136, Maya Enclave, Hari Nagar
South West Delhi, Delhi-110064                        ...... Petitioner

                                       Versus
1. THE STATE
GOVT. OF NCT
2. Sh. Tarlochan Singh Sachar
S/o Sh. Darshan Singh
R/o Room No. 1/n/m/d 48 ½ Punjabi Colony
Opp. Antop Hill Hospital, G.T.B. Nagar
Mumbai, Maharashtra - 400037.
3. Smt. Surjit Kaur
D/o Sh. Darshan Singh
R/o House No. 1444, Sector 34C
Chandigarh-160022.
4. Sh. Paramjit Singh Sachar
S/o Sh. Darshan Singh
R/o J-11, West Patel Nagar,
Patel Nagar, New Delhi-110008.

5. Smt. Ranjit Kaur
D/o Sh. Darshan Singh
R/o E-3, Greater Kailash, Part-1,
S.O. Greater Kailash, South Delhi
Delhi-110048.

6. Smt. Manjeet Kaur Bhatia
D/o Sh. Darshan Singh
R/o 200/D, Alakhdham Nagar
Sanwer Road, Ujjain, M. L. Nagar
Madhya Pradesh-456010.
SC No. 39/19                                    Page No. 1 of 5
Gurdip Singh Sachar Vs. State & Ors.
 7. Reliance Industries Limited
Through : Karvy Fintech Private Limited
C/o Karvy Selenium Tower B, Plot No. 31 & 32
Gachibowli, Financial District, Hyderabad-500032.

                                                  ...... Respondents

Date of Institution                           :           06.03.2019
Date of reserving Judgment                    :           23.11.2019
Date of decision                              :           23.11.2019

                               JUDGMENT

1. The present succession petition has been filed under Section 372 of Indian Succession Act, 1925 (hereinafter, referred to as 'the Act') by Sh. Gurdip Singh Sachar (hereinafter, referred to as 'the petitioner') Son of Sh. Darshan Singh (hereinafter, referred to as 'the deceased') for grant of succession certificate in respect of debts and securities in the name of deceased.

2. The petition was instituted on 06.03.2019. Notice of the petition was issued to the general public by way of publication which was served on 23.04.2019 through 'Veer Arjun'. None from the general public filed any objections.

3. Respondents no. 2 and 3 (siblings of petitioner) sent their no objection qua grant of succession certificate to the petitioner. Respondents no. 4 and 5 were duly served on 08.05.2019 and respondent no. 6 was served on 17.05.2019 but despite granted opportunities as well as despite issuance of notice neither they appeared nor they filed any objections, accordingly, they were proceeded ex-parte on 23.11.2019.

Gurdip Singh Sachar Vs. State & Ors.

4. Statement of RW- 7 Sh. Abhishek Kumar, Deputy Manager, Legal, Karvy Fintech Pvt. Ltd., Barakhamba Road, Connaught Place, New Delhi was recorded on 03.09.2019 who had bought the details in respect of 400 shares of Reliance Industries Ltd, standing in the name of Late Sh. Darshan Singh vide Folio No. 003471497 and filed the statement of said shares vide Ex. RW 7/A (colly). He had also placed on record copy of his official Identity Card vide Ex. RW 7/B (OSR).

5. Statement of PW-1 Sh. Gurdip Singh Sachar/the petitioner was recorded today who stated that he is the son of deceased Late Sh. Darshan Singh, who passed away on 13.02.1997. He further deposed that his mother Late Smt. Rajinder Kaur had passed away on 17.11.1995. He also deposed that deceased Late Sh. Darshan Singh has left behind the petitioner, his three daughters namely Smt. Surjit Kaur (respondent no. 3 herein), Smt. Ranjit Kaur (respondent no. 5 herein), Smt. Manjeet Kaur Bhatia (respondent no. 6 herein) and two sons namely Sh. Tarlochan Singh Sachar (respondent no. 2 herein) and Sh. Paramjit Singh Sachar (respondent no. 4 herein) as the only surviving Class-I legal heirs. He also stated there is no other Class-I legal heir except them. He also stated that deceased Late Sh. Darshan Singh had not executed any Will during his life time. He relied upon the documents :-

1. Ex. PW 1/A : Death certificate of Late Sh. Darshan Singh.

2. Ex. PW 1/B : Death certificate of Late Smt. Rajinder Kaur.

3. Ex. PW 1/C : Letter sent by respondent no. 2 Sh.

Tarlochan Singh Sachar qua NOC for SC No. 39/19 Page No. 3 of 5 Gurdip Singh Sachar Vs. State & Ors.

grant of succession certificate along with copy of his aadhar card.

4. Ex. PW 1/D : Letter sent by respondent no. 3 Smt. Surjit Kaur qua NOC for grant of succession certificate along with copy of her aadhar card.

5. Ex. PW 1/E (OSR) : Copy of his aadhar card.

Petitioner's evidence was closed today itself.

6. Final arguments were addressed today. I have heard the arguments and perused the material on record carefully.

7. The Succession Certificate Under Section 372 of the Act is issued as law abhors escheat and vacuum. In Madhvi Amma Bhawani Amma & Ors. Vs. Kunjikutty Pillai Meenakshi, AIR 2000 SC 2301, 2000 (3) ALT 35 SC, 2001 (49) BLJR 813, 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..."

Gurdip Singh Sachar Vs. State & Ors.

8. By way of the evidence led, the petitioner has proved his averments and documents relied upon. No impediment Under Section 370 of Act has come to light which restricts the grant of certificate to the petitioner. Respondents no. 2 and 3 sent their no objection in respect to the grant of succession certificate to the petitioner. Respondents no. 4 to 6 who are also one of the Class-I Legal Heirs of deceased did not appear before the Court despite service of the notice of the petition and did not file any objections. However, they may claim their dues as per law. Thus, the petitioner is entitled to the debts and securities of the deceased, as per Ex. RW 7/A (colly).

9. The Court accordingly directs that succession certificate be issued in the name of petitioner Sh. Gurdip Singh Sachar in respect of debts and securities of the deceased, as per Ex. RW 7/A (colly).

10. Court fees and indemnity bond with one surety be filed by the petitioner within 15 days.

11. No further order is required to be passed. File be consigned to the Record Room.

ANNOUNCED IN THE OPEN                               (AKASH JAIN)
COURT ON 23rd DAY OF                                 ACJ/CCJ/ARC
NOVEMBER, 2019                                      (WEST)/DELHI




SC No. 39/19                                   Page No. 5 of 5
Gurdip Singh Sachar Vs. State & Ors.