Delhi District Court
Smt. Pravina Sharma vs The State Of Nct Of Delhi on 1 February, 2022
IN THE COURT OF PREETI PAREWA, ACJ/ARC/CCJ
NEW DELHI DISTRICT, PATIALA HOUSE COURTS, NEW DELHI
SUCCESSION CASE NO. 148/2021
1. Smt. Pravina Sharma
W/o Late Shri Pramod Sharma,
R/o Korte Leidsedwarsstraat 2031,
1017 RB Amsterdam, Netherlands ... Petitioner
Versus
1. The State of NCT of Delhi.
2. Shri Prashant Sharma,
S/o Late Shri Pramod Sharma,
R/o Minervalaan 254, 1077NK,
Amsterdam, Netherlands,
3. Smt. Pooja Sharma,
D/o Late Shri Pramod Sharma,
W/o Shri Sachin Soni,
R/o Apollolaan 86, 1077 BE,
Amsterdam, Netherlands,
Previously at : Minervalaan 471, 1077NN,
Amsterdam, Netherlands,
4. The Manager,
ASK Investment Managers Limited,
Antriksh Bhawan, 1201/1203, 12th Floor,
22, Kasturba Gandhi Marg,
Connaught Place, New Delhi - 110001.
5. The Manager,
Standard Chartered Bank,
NRI Banking Division, Narain Manzirl,
23, Barakhambha Road,
Connaught Place, New Delhi - 110001. ... Respondents
SC No. 148/2021 Pravina Sharma Vs. State & Ors. Page No. 1 of 6
PETITION FOR GRANT OF SUCCESSION CERTIFICATE
UNDER SECTION 372 OF THE INDIAN SUCCESSION ACT, 1925
Date of institution of the petition : 20.12.2021
Date on which judgment was reserved : Not reserved
Date of pronouncement of judgment : 01.02.2022
Final Judgment : Allowed.
JUDGMENT
1. Petitioner has applied for succession certificate under Section 372 of the Indian Succession Act, 1925 in respect of debts / securities of her deceased husband Late Sh. Pramod Sharma. The details of the same are as follows :
ACCOUNT NUMBER : 10025288 PMN1028 - PRAMOD SHARMA DP: HDFC BANK LTD (IN301549) CLIENT ID: 57846198 CATEGORY: NON HOUSE BENEFICIARY TYPE: NRI SUB TYPE: NRI N/R Security ISIN Code Security Holding Type Details Quantity Sona BLW Precision Forgings Limited INE073K01018 Shares Listed 679 EQ Tata Consultancy Services Limited EQ INE467B01029 Shares Listed 176 New FV Re 1/ Astral Poly Technik Limited EQ New INE006I01046 Shares Listed 292 FV Re 1/ APL Apollo Tubes Limited EQ New FV INE702C01027 Shares Listed 689 RS 2/ Page Industries Limited EQ New FV INE761H01022 Shares Listed 16 RS 10/ Bajaj Finserve Limited EQ INE918I01018 Shares Listed 53 AU Small Finance Bank EQ INE949L01017 Shares Listed 548 Dixon Technologies India Limited EQ INE935N01020 Shares Listed 82 New FV RS 2/ Metropolis Healthcare Limited EQ New INE112L01020 FV RS 2/ Shares Listed 2 Reliance Industries Limited EQ INE002A01018 Shares Listed 231 SC No. 148/2021 Pravina Sharma Vs. State & Ors. Page No. 2 of 6 Asian Paints Limited EQ New FV Re INE021A01026 Shares Listed 171 1/ Eicher Motors Limited EQ New FV Re INE066A01021 Shares Listed 54 1/ Aarti Industries Limited EQ New FV INE769A01020 Shares Listed 699 RS 5/ Havells India Limited EQ New FV Re INE176B01034 Shares Listed 501 1/ Titan Company Limited EQ New FV INE280A01028 Shares Listed 259 Re 1/ Cholamandalam Investment and INE121A01024 Shares Listed 1075 Finance Company Limited EQ New FV RS 2/ P I Industries EQ New FV Re 1/ INE603J01030 Shares Listed 222 Dabur India Limited EQ New FV Re 1/ INE016A01026 Shares Listed 755 Kotak Mahindra Bank Limited EQ New INE237A01028 Shares Listed 290 FV RS 5/ Pidilite Industries Limited EQ New FV INE318A01026 Shares Listed 183 Re 1/ Shree Cements Limited EQ INE070A01015 Shares Listed 17 Torrent Pharmaceuticals Limited EQ INE685A01028 Shares Listed 192 New FV RS 5/ Bajaj Finance Limited EQ New FV RS INE296A01024 Shares Listed 140
2 / Divis Laboratories Limited EQ New FV INE361B01024 Shares Listed 163 RS 2/
2. It is the case of the petitioner that she is the wife of deceased Late Sh. Pramod Sharma who died on 03.06.2021 leaving behind the petitioner, respondent no.2 and respondent no.3. That, the petitioner is the wife of deceased whereas the respondent no.2 and respondent no.3 are the children of deceased and petitioner. That, respondent no.2 and respondent no.3 have no objection for grant of succession certificate in favour of the petitioner in the present case. It is prayed that succession certificate be issued in favour of the petitioner in respect of aforesaid debts / securities of the deceased.
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3. The succession petition was filed in this Court on 20.12.2021. Subsequently, besides service of notice of petition upon respondents, this Court also directed for publication of notice of succession petition in the daily newspapers and consequently, the publication was made in newspapers "Veer Arjun" and "The Statesman" both dated 22.12.2021 for inviting objections, if any, from general public. Despite publication, no objection to the grant of succession certificate in favour of petitioner was received from general public.
4. Notice of the present petition was issued to the respondents. During the proceedings held on 22.01.2022, the respondent no.2 and respondent no.3 have filed their separate NOCs in favour of the petitioner and on the same day, reply on behalf of respondent no.5 Standard Chartered Bank has been filed along with a copy of portfolio statement of Late Pramod Sharma. During the separate proceedings held today itself, Written Statement on behalf of the respondent no.4 ASK Investment Managers Limited has been filed stating that the respondent no.4 is a performa respondent as it holds the demat account of deceased Mr. Pramod Sharma alongwith Statement of Holding as on 24.01.2022.
5. Since the petitioner has placed on record the copy of Surviving Memmber Certificate of deceased Shri Pramod Sharma, the enquiry from the concerned SDM / EM verifying the address of the petitioner and list of survivors of deceased has been dispensed with.
6. In the petitioner's evidence, petitioner examined herself as PW1, tendered her affidavit Ex.PW1/A and relied upon the following documents :
i) Copy of her Aadhar Card - Ex.PW1/1;
ii) Copy of her PAN Card - Ex.PW1/2;
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iii) Copy of death certificate of her deceased husband - Ex.PW1/3;
iv) Copy of Surviving Member Certificate - Ex.PW1/4; &
v) True copy of statement of accounts - Ex.PW1/5;
7. Thereafter, PE was closed vide order dated 22.01.2022.
8. I have heard the final arguments advanced by learned Counsel for the petitioner and carefully perused the record.
9. Section 373 subsection (3) of the Indian Succession Act, 1925 provides: 'If the Judge cannot decide the right to the certificate without determining questions of law or fact which seem to be too intricate and difficult for determination in a summary proceedings, he may nevertheless grant a certificate to the petitioner if he appears to be the person having prima facie the best title thereto.'
10. Aforesaid provision, therefore, says that succession certificate has to be given by the Court on the basis of "primafacie best title". Petitioner has to show that he has best title over the debts & Securities in question. Onus of proving the same, therefore, is not on the same platform as that of criminal law or civil law, it is less than that. So much, so even if there is a dispute with regard to the right of petitioner claiming succession certificate, then also it is the broad / primafacie title which has to be seen. This is precisely for the reason the as the rights of the parties are not to be determined by the Court issuing the succession certificate.
11. Further, perusal of Section 375 of Indian Succession Act shows that the imposition of a condition of security / surety / indemnity bond is in order to indemnify person (s) or safeguard the interest of such persons who may be SC No. 148/2021 Pravina Sharma Vs. State & Ors. Page No. 5 of 6 entitled to the whole or any part of the debt and security.
12. Respondents / general public / legal representative of deceased in question did not raise any objection pertaining to present application, despite publication in newspapers. As per the surviving member certificate Ex.PW1/4, the petitioner, the respondent no.2 and the respondent no.3 are the survivors of deceased Late Sh. Pramod Sharma. The respondent no.2 and respondent no.3 have already filed their separate NOCs for issuance of succession certificate in favour of the petitioner.
13. In view of above discussions, I find that there is no objection to the grant of succession certificate in favour of petitioner for transmission / receiving the aforesaid debts / securities held in the name of Late Sh. Pramod Sharma (husband of the petitioner) as mentioned in Para 1 of this Judgment. Consequently, the present petition is allowed and succession certificate be issued to petitioner for transmission / receiving the entire amount in respect of aforesaid debts / securities, on filing of requisite Court Fees of Rs.2,78,172/ only in terms of Article 12, Schedule I of the Court Fee Act, 1870 as applicable to Delhi along with an indemnity bond of the petitioner in a sum of Rs.1,39,08,586/. Since the petitioner is the ClassI Legal Heir of the deceased and remaining ClassI Legal Heirs of the deceased have already given their no objection, the condition of furnishing of surety bond is hereby waived in the present case.
14. File be consigned to Record Room after due compliance.
Announced in the open (PREETI PAREWA) Court today i.e. 01st day ACJ/CCJ/ARC, NDD, PHC of February, 2022 NEW DELHI : 01.02.2022 SC No. 148/2021 Pravina Sharma Vs. State & Ors. Page No. 6 of 6