Delhi District Court
Sh. Rajender Pal vs State (Govt. Of Nct Of Delhi) on 27 March, 2017
IN THE COURT OF SH. BHUPINDER SINGH, ADMINISTRATIVE CIVIL
JUDGECUMARC (NORTH WEST) ROHINI COURTS, DELHI
Petition No. : SCC 53464/16
Date of Institution : 31.05.2016
Date of arguments : 27.03.2017
Date of order : 27.03.2017
In the matter of:
Sh. Rajender Pal
S/o. Late Sh. Bhaia Ram Pal
R/o. S263, S170, Jhuggi, Jharera,
Village Delhi Cantt. New Delhi. ....Petitioner
Versus
1. State (Govt. of NCT of Delhi)
(Through its Principal Secretary)
Delhi Secretariat, I. P. Estate,
New Delhi110002
2. Bimla
R/o House no. 89D, Phase1,
Qutub Vihar, Goyala Dairy,
New Delhi110007. ....Respondents
J U D G M E N T:
1. Vide this judgment, I shall dispose off the petition filed under section 372 of the Indian Succession Act, 1925 for obtaining succession certificate in respect of debts/securities etc of Late Sh. Bhaia Ram Pal S/o. Late Sh. Ram Kumar (deceased).SCC NO. 53464/16 Rajender Pal Vs. State & Anr. 5
2. The relevant facts for the disposal of the present petition are that father of the petitioner expired on 10.07.2015. He was ordinarily residing at S170, Jhuggi, Jharera, Village Delhi Cantt., New Delhi110010. It is stated that the deceased had left behind the petitioner/son and respondent no. 2/wife as his legal heirs. Though the petitioner has placed on record an NOC purportedly given by the respondent Smt. Bimla however, he did not stepped into the witness box to depose about same. Nothing has been placed on record to suggest that the said NOC bears the signature of Smt. Bimla only. Said NOC has never been tendered in evidence. As such the NOC purportedly given by respondent Bimla cannot be taken into consideration.
The present petition has been filed for the grant of succession certificate in respect of following debts and securities lying in the name of the deceased.
S. No. Details of Debts and Securities
1. Employee Provident Fund, Bhavishya Nidhi Bhawan, 28, Community Centre, Wazirpur Industrial Area, Delhi 110052.
It is further pleaded that deceased had not executed any will and thus there is no impediment in grant of succession certificate in respect of above said debts and securities.
3. General public was served through publication in daily newspaper 'Qaumi Patrika' dated 02.06.2016 but none appeared from general public to oppose or contest the present petition.
Report regarding LRs of deceased from the office of SDM (Delhi SCC NO. 53464/16 Rajender Pal Vs. State & Anr. 5 Cantt.). As per report following are the surviving members of the deceased Late Sh. Bhaia Ram Pal:
1. Ms. Vimla Wife
2. Sh. Rajender Pal Son
4. In support of her petition, PW1/Sh. Raushan Kumar Singh, Senior Social Security, Assistant Employees Provident Fund Organization, 28 Community Centre, Wazirpur Industrial Area, Delhi110052 who proved the summoned record with respect to Employees Provident Fund bearing no. DLCPM0041790/10 lying the name of the deceased Late Sh. Bhaiya Ram and same was Ex. PW1/1. As on 31.03.2016 there was a balance of Rs. 42,052/ + 12,884/= 54,936/ including interest.
Thereafter, petitioner examined himself as PW2 and tendered her evidence by way of affidavit Ex. PW2/A. She also relied upon documents i.e. copy of driving license as Ex. PW2/1 and the copy of death certificate of his father Late Sh. Bhaia Ram Pal as Ex. PW2/2.
5. Heard.
6. Considering the above stated facts, this Court is of the opinion that there is no impediment in grant of Succession Certificate in respect of following debts and securities lying in the name of the deceased Late Sh. Bhaia Ram Pal.
S. No. Details of Debts and Securities Amount (Rs.)
1. Employee Provident Fund no. 42,052/ + 12,884/ DLCPM00417900000000010, Bhavishya = 54,936/ Nidhi Bhawan, 28, Community Centre, SCC NO. 53464/16 Rajender Pal Vs. State & Anr. 5 Wazirpur Industrial Area, Delhi110052.
7. Accordingly, Succession Certificate is ordered to be issued in favour of the petitioner and Ms. Bimla to the extent of ½ share each on furnishing of an Indemnity Bond of the same value with one surety of like amount within one month from today. Requisite court fees be paid for issuance of succession certificate.
File be consigned to Record Room.
Announced in the open court (BHUPINDER SINGH)
on 27.03.2017 ACJCUMARC NORTHWEST
ROHINI COURTS, DELHI
This judgment contains four pages & each page has been signed by me.
SCC NO. 53464/16 Rajender Pal Vs. State & Anr. 5 SCC. No. 53464/1627.03.2017 Present: Sh. Rakesh Kumar, Ld. counsel for petitioner Final arguments heard.
Vide separate judgment of even date, petition filed u/s 372 of the Indian Succession Act, 1925 is allowed and disposed off.
File be consigned to Record Room.
(BHUPINDER SINGH) ACJcumARC (North West) Rohini Courts, Delhi/27.03.2017 SCC NO. 53464/16 Rajender Pal Vs. State & Anr. 5