Delhi District Court
Smt. Raj Wanti vs State (Nct Of Delhi) on 1 October, 2022
IN THE COURT OF MS. RICHA SHARMA, ADMINISTRATIVE
CIVIL JUDGE-cum-COMMERCIAL CIVIL JUDGE-cum-
ADDITIONAL RENT CONTROLLER: NORTH-WEST DISTRICT:
ROHINI DISTRICT COURTS: DELHI
Succession Petition No. 72/2018
CNR No. DLNW030015092018
In the matter of :
Smt. Raj Wanti
W/o Shri Ram Kishan,
R/o 108/1 Village Ghevra,
Delhi-110081
...............Petitioner
VERSUS
1. State (NCT of Delhi)
.............Respondent
Date of Institution : 30.07.2018
Date of Final Arguments : 28.09.2022
Date of Final order : 01.10.2022
Final Order : Petition Allowed.
JUDGMENT ON PETITION UNDER SECTION 372
OF THE INDIAN SUCCESSION ACT
1. The present petition has been filed by the petitioner under section 372 of Indian Succession Act, 1925 seeking issuance of succession certificate in respect of debts/securities etc. left by Late Sh. Rakesh Rana S/o Late Sh. Ram Kishan (hereinafter referred to as 'deceased') i.e. KVP Nos. 69 BC 356370 to 69 BC 356375 issued by the Post office Kanjhawala, Delhi for Rs. 5000/- each, all dated 09.10.2010 i.e. total amounting to Rs. 30,000/- and also KVP No. 27CE 369494 to 27 CE 369500 for Rs. 10,000/- each all dated 09.10.2019 total Rs. 70,000/-.
2. Briefly stated, as per the petition, the deceased Sh. Rakesh Rana expired on 13.03.2017, at Sanjay Gandhi Memorial Hospital and he was Digitally signed by RICHA SCC No. 72/2018 Smt. Rajwanti V/s State.
Page No. 1/5 RICHA SHARMA
SHARMA Date:
2022.10.01
16:16:16 +0530
ordinarily resident of H. No. 108, Village Ghevra, Delhi at the time of his death. The petitioner Smt. Rajwanti, being the mother is stated to be the only legal heir of the deceased and it is further stated that there is no impediment to the grant of the succession certificate.
3. After filing of present petition, notice was issued and general public was served through publication in daily newspaper 'Rashtriya Sahara', Hindi edition dated 29.08.2018, to invite objections from the public at large to the grant of succession certificate to the petitioners 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 concerned SDM, Kanjhawala, as per which Rajwanti is the legal heirs of the deceased Sh. Rakesh Rana.
5. During the summary proceedings conducted as per Section 373 of the Indian Succession Act,1925, the petitioner examined three witnesses.
As PW-1 Sh. Rukam Singh, PRI(P), Post Office, Sector-7, Rohini produced the summoned record i.e. 6 KVP bearing nos. 69BC 356370 to 69BC 356375 for Rs.5000/- each, all dated 09.10.2010, having total amount of Rs. 30,000/-, all in the name of Rakesh Rana i.e. Ex.PW1/A.
6. As PW-2 Smt. Rajwanti i.e. the petitioner tendered her evidence by way of affidavit Ex. PW2/A testifying that she is the only legal heir of the deceased Sh. Rakesh Rana who expired on 13.03.2017. PW-1 also testified that the deceased left behind the KVP No. 69BC 356370 to 69BC 356375 for Rs. 5000/- each all dated 09.10.2010 i.e. total Rs. 30,000/- and also KVP No. 27CE 369494 to 27 CE 369500 for Rs. 10,000/- each all dated 09.10.2010, total Rs. 70,000/- issued by Digitally signed SCC No. 72/2018 Page No. 2/5 by RICHA Smt. Rajwanti V/s State. RICHA SHARMA SHARMA Date:
2022.10.01 16:16:25 +0530 Kanjhawala Post Office, Delhi in respect of which succession certificate is sought. She also relied upon the documents already Ex. PW1/A and document Mark A. It is pertinent to mention here that an application moved on behalf of the petitioner seeking permission to lead additional evidence was allowed vide order dated 24.02.2021 and the petitioner has led additional evidence. As PW-1 she tendered her evidence by way of additional affidavit Ex. PW2/A-1 wherein she testified that She is the second wife of Sh. Ram Kishan whose first wife has also passed away. She further testified that there are no surviving children of Sh. Ram Kishan as the Deceased Rakesh Rana expired in 2017 while the elder brother of the deceased i.e. Sunil Rana passed away in 2015 and both were unmarried at the time of their death. She reaffirmed that except her there is no class-I legal heir of the deceased. She also rely on the following documents:
1. Copy of her Adhar Card i.e. Ex. PW2/X (OSR),
2. Copy of PAN Card of deceased i.e. Ex. PW2/Y (OSR).
3. Copy of the Adhar Card of the deceased i.e. Ex. PW2/Z (OSR).
4. Copy of adhar Card of her husband is Ex. PW2/Z-1.
7. As RW-1 Sh. Suresh Kumar Jindal, PRI, Kanjhawala Post Office, Delhi produced the copy the application for purchasing the KVP in the name of Master Rakesh Rana, moved by Laxmi Devi i.e. Ex. RW1/1 (OSR). He testified, that as per record, there are seven KVPs bearing no. 27CE 369494 to 27CE 369500, each of Rs. 10,000/ and that at present the value of one KVP is Rs. 18,509/. The report is Ex. RW1/2.
He further testified, that there are 6 KVPs bearing no. 69BC 356370 to 69BC 356375, each of Rs. 5,000/ and at present the value of one KVP is Rs. 9,255/. The report is Ex. RW1/3.
Digitally signed SCC No. 72/2018 Page No. 3/5Smt. Rajwanti V/s State.
RICHA by RICHA
SHARMA
SHARMA Date: 2022.10.01
16:16:32 +0530
8. A report regarding LRs of deceased has also been received from the office of SDM, Kanjhawala as per which Smt. Rajwanti is the only legal heir of the deceased Sh. Rakesh Rana S/o Late Sh. Ram Kishan.
9. No other witness was examined by the parties whereafter, evidence was closed and final arguments were advanced by Ld. Counsel for petitioner which have been duly considered with evidence on record.
10. From the evidence on record i.e. the copy of death certificate, it stands proved that the deceased expired on 13.03.2017, and at that time he was residing at H. No. 108, Village Ghevra, Delhi, which confers territorial jurisdiction of this court. The report as received from the office of the SDM duly proves that the deceased left behind the petitioner Smt. Rajwanti as his legal heir.
11. Thus, considering, that the petitioner is the only class-I legal heir of the deceased, the petitioner is entitled to succession certificate and there is no impediment in grant of Succession Certificate in her favour in respect of the KVP Nos. 69 BC 356370 to 69 BC 356375, issued by the Post office Kanjhawala, Delhi for Rs. 5000/- each, all dated 09.10.2010, i.e. total amounting to Rs. 30,000/- and also KVP No. 27CE 369494 to 27 CE 369500 for Rs. 10,000/- each all dated 09.10.2019 total Rs. 70,000/-.
12. Hence, the petitioner is held entitled to succession Certificate in respect of the KVP Nos. 69 BC 356370 to 69 BC 356375 issued by the Post office Kanjhawala, Delhi for Rs. 5000/- each, all dated 09.10.2010, i.e. total amounting to Rs. 30,000/- and also KVP No. 27CE 369494 to 27 CE 369500 for Rs. 10,000/- each all dated 09.10.2019 total Rs. 70,000/- alongwith accrued interest, if any. The succession certificate be issued in Digitally signed SCC No. 72/2018 Page No. 4/5 by RICHA SHARMA Smt. Rajwanti V/s State. RICHA Date:
SHARMA 2022.10.01
16:16:40
+0530
favour of the petitioner/Smt. Rajwanti on furnishing of an Indemnity Bond of the same value with one surety of like amount within one month from today. Petitioner 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.
13. It is pertinent to mention here, that the succession certificate shall be considered only as an entitlement of the petitioner to receive the amount due towards Late Sh. Rakesh Rana from concerned Bank so as to discharge the debtor/bank.
14. File be consigned to the record room after completing necessary formalities.
Digitally signed by RICHA RICHA SHARMA
Announced in the open court SHARMA Date: 2022.10.01
16:16:49 +0530
today i.e. on 01.10.2022.
(Richa Sharma)
ACJ-cum-CCJ-cum-ARC/North-West District Rohini District Courts/ Delhi SCC No. 72/2018 Page No. 5/5 Smt. Rajwanti V/s State.