Delhi District Court
Sh. Davinder Kumar Jain vs The State (Govt. Of Nct Of Delhi) on 2 August, 2007
IN THE COURT OF SHRI DIG VINAY SINGH: ADMINISTRATIVE CIVIL
JUDGE: DELHI
Petition No.: 474/2003
In the matter of:-
Sh. Davinder Kumar Jain,
S/o. Late Shri Ari Daman Jain,
R/o. 124-A, Sainik Farms,
New Delhi-110062.
.....Petitioner
Versus
The State (Govt. of NCT of Delhi)
.....Respondent
J U D G M E N T:
The facts of the case in nutshell are that petitioner Shri Davinder Kumar Jain has filed the present petition u/s 372 of Indian Succession Act for grant of Succession Certificate in respect of the debts and securities of deceased Smt. Shakuntala Rani @ Smt. Shakuntala Narain. 2 After presentation of the petition, notice of the same was duly given to the general public by way of publication in newspaper 'The Times of India', dated 05.04.2007, but none has appeared from the general public to file any objections.
Contd...2....
:2: 3 Thereafter, Shri Rajan Narain, Special Power of Attorney holder of the petitioner No. 1 Shri Ravinder Narain examined as PW-1 in the matter. He in his evidence has stated that deceased Smt. Shakuntala Rani @ Shakuntala Narain was the mother of the petitioners namely Shri Ravinder Narain and Shri Arvind Narain. She expired on 31.12.1995 at Delhi and her death certificate is proved on record as Ex.PW1/2. He further stated that the husband of the deceased had predeceased her. He further stated that besides petitioners, deceased had left behind two daughters namely Smt. Suman Narain and Smt. Anju Timblo, who are respondents No. 2 and 3 in this petition and they have filed their ''No Objections'' Ex. A and Ex.B respectively to the grant of Succession Certificate in their favour. He further stated that deceased made no WILL during her lifetime. He further stated on oath that the deceased has left behind debts and securities as mentioned in the details of assets Ex.PW1/3, the copies of shares and debentures certificates are collectively proved on record as Ex.PW1/4 to Ex.PW1/18. He further stated that deceased was ordinarily a resident of Delhi.
4 Therefore, in view of the above, I am of the considered opinion that there is no impediment for grant of Contd.....3....
:3:Succession Certificate in favour of petitioners Shri Ravinder Narain and Shri Arvind Narain in respect of the debts and securities of deceased Smt. Shakuntala Rani @ Smt. Shakuntala Narain. I accordingly direct that Succession Certificate be issued in favour of petitioners Shri Ravinder Narain and Shri Arvind Narain in equal shares in respect of debts and securities of deceased Smt. Shakuntala Rani @ Smt. Shakuntala Narain in terms of Ex.PW1/4 to Ex.PW1/18 (Collectively), on filing of requisite court fee and on furnishing of an Indemnity Bond with one surety within 15 days.
No further orders are required to be passed in the matter. File be consigned to Record Room. Announced in the open court (DIG VINAY SINGH ) on 01.08.2007 Administrative Civil Judge:Delhi Petition No.244/2006 Shri Ravinder Narain & Ors. V/s The State 01.08.2007 Present: Sh. Akhil Pal Chhabra, Advocate with Special Power of Attorney holder of the petitioner.
Ms. Meghali, Advocate for respondents No. 2 and 3. PW1 partly examined. Remaining statement of PW1 deferred till after lunch.
ACJ/01.08.2007 At 2:00 p.m. Present: Sh. Akhil Pal Chhabra, Advocate with Special Power of Attorney holder of the petitioner.
Ms. Meghali, Advocate for respondents No. 2 and 3. Re-called PW1 examined and discharged. PE closed. Arguments heard.
Vide separate judgment announced in the open court today, Succession Certificate is ordered to be issued in favour of petitioner Shri Ravinder Narain and Shri Arvind Narain in equal shares in respect of debts and securities of deceased Smt. Shakuntala Rani @ Smt. Shakuntala Narain in terms of Ex.PW1/4 to Ex.PW1/18 (Collectively), on filing of requisite court fee and on furnishing of an Indemnity Bond with one surety within 15 days.
No further orders are required to be passed in the matter. File be consigned to Record Room.
(Dig Vinay Singh) ACJ/Delhi 01.08.2007