Delhi District Court
Smt. Kusum Lata Sharma vs State on 5 November, 2014
IN THE COURT OF SUMEDH KUMAR SETHI, ACJ/CCJ/ARC(WEST),
TIS HAZARI, DELHI
SC No.: 99/2011
Date of Institution : 17.08.2011
Date of decision : 05.11.2014
1. SMT. KUSUM LATA SHARMA
W/o Late Tarun Kumar Sharma
2. SH. AKASH SHARMA
S/o Late Tarun Kumar Sharma
3. SH. SIDDHARTH SHARMA
S/o Late Tarun Kumar Sharma
(Petitioner no. 3 being minor through
his mother/natural guardian petitioner no.1.)
All R/o A66, Friends EnclaveII,
Rajendra Park, Nangloi,
Delhi110001. ... Petitioners
Versus
1. STATE
2. Smt. Ved Wati Sharma
W/o Sh. Lalta Prashad
R/o A66, Friends EnclaveII,
Rajendra Park, Nangloi,
Delhi110001. ... Respondents
J U D G M E N T
1. The succession petition is filed jointly by Smt. Kusum Sharma, Sh. Akash Sharma and Sh. Siddharth Sharma for grant of succession certificate in respect of debts and securities of deceased Sh. Tarun SC No. 99/2011 Page 1 of 5 Kumar Sharma who died on 26.07.2008. As per the petition, deceased has left behind his wife Smt. Kusum Sharma, two sons Sh. Akash Sharma and Siddarth Sharma (minor) and his mother Smt. Ved Wati Sharma only as classI legal heir.
2. After filing the petition, notice of the petition was given to the general public by publication in the newspaper 'The Statesman' dated 07.02.2012 but none appeared from general public to oppose or contest the petition.
3. Statement of petitioner no. 1 Smt. Kusum Sharma was recorded on 17.07.2012 wherein he stated that the deceased Sh. Tarun Kumar Sharma was her husband who expired on 26.07.2008. Photocopy of his death certificate is Ex.PW1/3. Deceased has left behind his wife Smt. Kusum Sharma, two sons Sh. Akash Sharma and Siddarth Sharma (minor) and his mother Smt. Ved Wati Sharma only as classI legal heir. Photocopies of election Icard and ration card of petitioner are Ex.PW1/1 and Ex.PW1/2. Originals of the same were returned after perusal.
Deceased Sh. Tarun Kumar Sharma was having a bank account bearing No. 0619000100112908 with Punjab National Bank having balance of Rs.13,584.94p. Photocopy of passbook in respect of aforesaid bank account is Ex.PW1/4(colly). Original of the same was returned after perusal.
Deceased Sh. Tarun Kumar Sharma also having a Dmat account SC No. 99/2011 Page 2 of 5 having client ID 10863349 and DP IN300206 with National Securities Depository Limited which is containing 10 (5 + 5) shares of M/s Flex Industries, 100 shares of M/s UB Petro Products Ltd. @ Manali Petro Limited and 500 shares of HDFC Bank Ltd. (with Abhipra Capital Ltd.) and 1000 shares of HDFC Ltd. Photocopies of aforesaid shares certificates, Dividend Warrant in respect of UFlex Ltd., M/s HDFC Ltd. and computerized copy of statement of account are Ex.PW1/5 to Ex.PW1/9 and MarkY. Originals of the same were returned after perusal.
4. Additional statement of petitioner no. 1 was recorded on 05.11.2014 wherein she stated that deceased had not executed any Will during his life time.
5. Statement of Sh. Satender Kumar, Executive, Abhipra Capital Ltd. was recorded on 27.08.2014 wherein he produced the details in respect of 500 equity shares having ISIN Code INE040A01026 and 1000 equity shares having ISIN Code INE001A01036 of HDFC Bank Ltd. Statement of account in respect of aforesaid 1500 equity shares is Ex.P1(collyrunning into 8 pages) which bears my signatures in the capacity of Executive. As per Ex.P1, the total value of aforesaid 1500 shares is Ex.14,78,025/ as on 25.08.2014. His authority letter is Ex.P2.
6. Statement of petitioner no. 2 was recorded on 17.07.2012 wherein SC No. 99/2011 Page 3 of 5 he corroborated the statement of petitioner no. 1 and stated that he has no objection if succession certificate is granted in favour of petitoner in respect of debts and securities of deceased. His reply is Ex.PW2/1. Photocopy of office Icard of petitioner no. 2 is Ex.RW2/2. Original of the same was returned after perusal.
7. Statement of Smt. Ved Wati Sharma was recorded on 26.11.2011 wherein she filed her NOC alongwith affidavit Ex.RW2/1 and EX.RW2/2 in favour of petitioner no. 1 in respect of debts and securities of deceased. Photocopies of her election Icard is Ex.RW2/3. Original of the same was returned after perusal.
8. It is pertinent to mention here that objection have not been filed on behalf of general public despite publication in the newspaper 'The Statesman' dated 07.02.2012.
9. In the facts and circumstances on record, petitioner Smt. Kusum Sharma and Master Siddharth Sharma only shall be entitled in respect th th of 3/4 and 1/4 share respectively of debts and securities of the deceased as per Ex.P1, Ex.PW1/4(colly), Ex.PW1/5 to Ex.PW1/9 and MarkY.
10. In view of the matter as discussed above, I am of the considered opinion that there is no impediment in grant of succession certificate in favour of petitioners Smt. Kusum Sharma and Siddharth Sharma in SC No. 99/2011 Page 4 of 5 th th respect of 3/4 and 1/4 share respectively of debts and securities of the deceased as per Ex.P1, Ex.PW1/4(colly), Ex.PW1/5 to Ex.PW1/9 and MarkY. I accordingly direct that succession certificate be issued th in the name of Smt. Kusum Sharma in respect of 3/4 share of debts and securities of the deceased as per Ex.P1, Ex.PW1/4(colly), th Ex.PW1/5 to Ex.PW1/9 and MarkY. Remaining 1/4 share of petitioner no. 3 Siddharth Sharma is reserved and shall be deposited in the form of FDR in a nationalized bank and the same be released to him after his attaining majority. Court fees and indemnity bond with one surety shall be filed by the petitioner no. 1 within 15 days. No further order is required to be passed. File be consigned to the Record Room.
Announced in the open court On this 5th day of November, 2014 (Sumedh Kumar Sethi) ACJ/CCJ/ARC(West) Tis Hazari, Delhi SC No. 99/2011 Page 5 of 5