Delhi District Court
Sc No. 137/2022 Indu Shekhar vs . State & Ors. on 13 January, 2023
SC No. 137/2022 Indu Shekhar Vs. State & Ors.
IN THE COURT OF MS. NEHA PRIYA
ACJ-cum-CCJ-cum-ARC, SOUTH
SAKET COURTS, DELHI.
SC No. 137/2022
CNR No. DLST03-001731-2022
1. Mr. Indu Shehkar
S/o Late Mr. G. Sahai
R/o C/24-25, Freedom Fighters' Enclave
IGNOU Road, New Delhi-110068
........Petitioner
Versus
1. State (Govt. of NCT of Delhi)
Through SDM, Mehrauli
Seth Sarai, Mehrauli,
New Delhi
2. The Branch Manager
Indusind Bank
E-Block, Saket
New Delhi-110017
3. Capt. Abhishek Shekhar
S/o Mr. Indu Shehkar
R/o C/24-25, Freedom Fighters' Enclave
IGNOU Road, New Delhi-110068
4. Capt. Ankush Shekhar
S/o Mr. Indu Shehkar
R/o C/24-25, Freedom Fighters' Enclave
IGNOU Road, New Delhi-110068
5. Mrs. Akansha Shekhar
D/o Mr. Indu Shehkar
W/o Mr. Sanjeev Singh
R/o C/24-25, Freedom Fighters' Enclave
IGNOU Road, New Delhi-110068
Presently at: Flat No.3, UGF
B-234, Chattarpur Enclave-II
New Delhi-110030 ......Respondents
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SC No. 137/2022 Indu Shekhar Vs. State & Ors.
PETITION FOR GRANT OF SUCCESSION CERTIFICATE UNDER
SECTION 372 OF THE INDIAN SUCCESSION ACT, 1925
1. Date of Institution of Petition : 19.09.2022
2. Date of Judgment : 13.01.2023
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 favour of petitioner in respect of saving account bearing no.159891757172 and two FDs bearing no.300861087579 and 300861088460 with Indusind Bank, Saket, New Delh, which existed in the name of Late Smt. Meena Shehkar.
2. In the petition, it is inter-alia pleaded that petitioner is the husband, respondent no.3 and 4 are the sons and respondent no.5 is the daughter of the deceased late Smt. Meena Shehkar, who expired on 12.06.2022; apart from petitioner and respondent no. 3 to 5, there are no other surviving legal heirs 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 12.10.2022. In response to the notice, no person from the general public came forward to offer any objection qua grant of succession certificate to the petitioner.
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SC No. 137/2022 Indu Shekhar Vs. State & Ors.
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. Sh. Indu Shehkar, RW-1 i.e. Amit Kumar, Patwari, SDM, Saket, RW-2 i.e. Sh. Bindresh Yadav, Business Development Manager, Indusind Bank, Saket, RW-3 i.e. Capt. Abhishek Shehkar, RW-4 i.e. Capt. Ankush Shehkar and RW-5 i.e. Ms. Akansha Shehkar.
5. RW-3 to RW-5 deposed that they had no objection to grant of succession certificate, in respect of debts and securities of deceased late Smt. Meena Shehkar, in favour of the petitioner, Sh. Indu Shehkar. Copies of their aadhar cards were exhibited as Ex.RW3/A to Ex.RW5/A.
6. PW-1 Sh. Indu Shehkar filed his affidavit of evidence in the form of Ex.PW1/A, wherein he reiterated the contents of the petition and relied upon documents Ex.PW1/1 i.e. death certificate of late Smt. Meena Shehkar, Ex.PW1/2(OSR) i.e. copy of aadhar card of late Smt. Meena Shehkar, Ex.PW1/3(OSR) i.e. copy of my aadhar card and Ex.PW1/4 i.e. surviving member certificate.
7. RW-1 Sh. Amit Kumar, who appeared on behalf of respondent no.1 filed report regarding the legal heirs of deceased namely Late Smt. Meena Shehkar as per which she left behind four legal heirs namely Sh. Indu Shehkar (husband), Sh. Abhishek Shehkar (son), Sh. Ankush Shehkar (son) and Ms. Akansha Shehkar (daughter).
8. RW-2 Sh. Bindresh Yadav, who appeared on behalf of Indusind Bank, Saket, New Delhi brought the record of saving account bearing 3 of 5 SC No. 137/2022 Indu Shekhar Vs. State & Ors.
no.159891757172 in the name of Late Smt. Meena Shehkar having balance amount of Rs.14,07,855.59 as on 30.11.2022 and FDs bearing no.300861087579 and 300861088460 in the name of late Smt. Meena Shehkar having balance of Rs. 3,14,025.52/- and Rs. 2,11,914.17/- respectively as on 30.11.2022. The same was exhibited as Ex.RW2/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. The testimonies of PW-1, RW-1 and RW-3 to RW-5 prove that deceased late Smt. Meena Shehkar expired on 12.06.2022 and the petitioner and respondent no.3 to 5 are her only known surviving legal heirs. Testimony of RW- 2 proves that saving account bearing no.159891757172 in the name of late Smt. Meena Shehkar having balance of Rs.14,07,855.59/- as on 30.11.2022 and two FDs bearing no.300861087579 having balance of Rs.3,14,025.52/- and bearing no.300861088460 having balance of Rs.2,11,914.17 as on 30.11.2022, both in the name of late Smt. Meena Shehkar, existed with Indusind Bank, Saket, New Delhi. Respondent no. 3 to 5 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.
11. In light of the facts and circumstances and on the basis of material placed on record, petitioner is entitled to the succession certificate and there exists no impediment in grant of succession certificate to him. Thus, present petition qua the grant of succession certificate in respect of saving account bearing no.159891757172 in the name of late Smt. Meena Shehkar having balance of Rs.14,07,855.59/- (Rupees Fourteen Lakhs Seven Thousand Eight Hundred Fifty-five and Fifty-nine Paisa only) as on 30.11.2022 and two FDs 4 of 5 SC No. 137/2022 Indu Shekhar Vs. State & Ors.
bearing no.300861087579 having balance of Rs.3,14,025.52/- (Rupees Three Lakhs Fourteen Thousand Twenty Five and Fifty-two Paisa only) and bearing no.300861088460 having balance of Rs.2,11,914.17/- (Rupees Two Lakhs Eleven Thousand Nine Hundred Fourteen and Seventeen Paisa only) as on 30.11.2022, both in the name of late Smt. Meena Shehkar, existing with respondent no.2 is hereby allowed. Accordingly, succession certificate be issued in favour of the petitioner, upon filing of requisite court fees and indemnity bond by the petitioner, with one surety.
12. The succession certificate shall be considered only as an entitlement of petitioner to receive the amount of aforesaid accounts (with up-to date interest) with respondent no.2. The succession certificate shall not be considered as a direction as such to respondent no.2 to release the amount to the petitioner and respondent no.2 shall be competent to seek compliance of formalities, if any, by the petitioner for securing release the amount of aforesaid accounts, as per rules.
13. File be consigned to record room after due compliance.
Announced in the open Court (NEHA PRIYA)
on 13.01.2023 ACJ-CCJ-ARC/South,
Saket Court/Delhi
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