Delhi District Court
Kamal Kishore vs State Nct Of Delhi on 17 November, 2025
IN THE COURT OF MS. CHARU ASIWAL
ACJ-cum-CCJ-cum-ARC, SHAHDARA
KARKARDOOMA COURTS, DELHI
DLSH030018032024
Succession Court 110/2024
1. Kamal Kishore
S/O Late Sh. Jagdish Lal,
R/O Flat No 57, E Block, MCD Quarters
Nand Nagri Delhi -93. ....Petitioner
Versus
1. State Nct Of Delhi
Through
SDM Shahdara
DC Office Complex,
Nand Nagri Delhi-110093.
2. Branch Manager,
Punjab National Bank,
Punb0151300 Chandni Nagar,
Katra Neel,Chandni Chawk
Delhi-110006.
3. Branch Manager,
Punjab National Bank,
Punb0151800
E-214, Pandav Nagar,
Patpargnj Road
Delhi-110092.
4. Municipal Corporation of Delhi
Health Department
Through Commissioner
Head Office:
Dr. Shyam Prasad Mukharjee,
civic centre E-1, block 9th floor, Digitally signed
by CHARU
CHARU ASIWAL
ASIWAL Date:
2025.11.17
16:42:13 +0530
SC No.110/24 Kamal Kishore Vs. The State NCT of Delhi pg. no. 1/6
jawaharlal nehru marg,
new delhi-110002
.........Respondents
PETITION FOR GRANT OF SUCCESSION
CERTIFICATE U/S 372 OF INDIAN SUCCESSION ACT
R/W SECTION 143 OF BSA, 2023 BY THE PETITIONER
IN RESPECT OF DEBTS AND SECURITIES OF
DECEASED LATE SMT. SHARDA DEVI.
Date of Institution : 18.10.2024
Judgment reserved on : 17.11.2025
Judgment pronounced on : 17.11.2025
JUDGMENT
17.11.2025
1. Petition Allowed.
2. Vide the present petition, succession certificate is sought by the petitioner in respect of deceased late Smt. Sharda Devi, mother of the petitioner.
3. In the petition, it is inter alia pleaded that the petitioner is the legal heir of the deceased late Smt. Sharda Devi and the deceased was ordinarily residing at H.No. D-122, Aggrabhag, Jhilmil Colony, Shahadara, Delhi, India, 110095, the territorial jurisdiction of this Court and there is no legal impediment in the grant of succession certificate in favour of the petitioner.
4. Perusal of the record reveals that the notice of this petition was given to the general public by way of publication in Digitally signed by CHARU CHARU ASIWAL ASIWAL Date:
2025.11.17 16:42:21 +0530 SC No.110/24 Kamal Kishore Vs. The State NCT of Delhi pg. no. 2/6 the newspaper 'Virat Vaibhav' on 18.12.2024 and by way of affixation on 14.11.2024. In response to the notice, no person from the general public came forward to raise any objection for grant of succession certificate in favour of the petitioner.
5. During the summary proceedings conducted as per Section 373 of the Indian Succession Act, 1925, five (05) persons were examined.
6. PW-1/ Sh. Kamal Kishore, filed his evidence by way of affidavit which is Ex. PW-1/A, bearing his signatures at point A and B respectively. He relied upon the following documents:-
i. Death certificate of deceased is Ex.PW1/1(OSR). ii. Death certificate of deceased's husband is Ex.PW1/2(OSR).
iii. Copy of Ration Card of the deceased is Ex.PW1/3(OSR).
iv. Copy of Aadhar Card of the deceased is Ex.PW1/4(OSR).
v. Copies of passbooks of PNB are Ex.PW1/5(OSR) and Ex.PW1/6(OSR).
vi. Copy of Employee ID of deceased is Ex.PW1/7(OSR).
vii. Letter seeking succession certificate of MCD is Ex.PW1/8. The same is now de-exhibited and marked as Mark-A. viii.Copy of Aadhar Card of the deponent is Digitally signed CHARU by CHARU ASIWAL ASIWAL Date: 2025.11.17 16:42:29 +0530 SC No.110/24 Kamal Kishore Vs. The State NCT of Delhi pg. no. 3/6 Ex.PW1/9(OSR).
7. RW-1/ Sh.Praveen Singh, appeared on behalf of respondent no. 1 and he filed the report regarding the legal heirs of deceased namely Smt. Sharda Devi, W/o Late Sh. Jagdish Lal, who expired on 24.05.2024. As per the report, the deceased left behind after her death one legal heir namely Sh. Kamal Kishore (son). Report of Ld. SDM, Vivek Vihar, Delhi is Ex. RW1/1 and copy of his ID proof is Ex. RW1/2 (OSR).
8. RW-2/ Ms. Komal Rani appeared on behalf of respondent no.2/ Punjab National Bank ( Chandni Chawk branch). She brought the statement of account with respect to saving bank account bearing no. 0113000103137680, having balance amount of Rs. 47,114.48/- in the name of Smt. Sharda Devi. There was no registered nominee in the aforesaid account. The statement of account is Ex. RW-2/A and copy of her ID proof is Ex. RW-2/B (OSR).
9. RW-3/ Mr. Arun Kumar appeared on behalf of respondent no.3/ Punjab National Bank ( Pandav Nagar branch). He brought the statement of account with respect to saving bank account bearing no. 1518000100357913, having balance amount of Rs. 19,212.73/- in the name of Smt. Sharda Devi. There was registered nominee namely Mr. Kamal Kishore in the aforesaid account. The statement of account is Ex. RW-3/A and copy of his ID proof is Ex.
RW-3/B (OSR). Digitally signed
by CHARU
CHARU ASIWAL
Date:
ASIWAL 2025.11.17
16:42:37
+0530
SC No.110/24 Kamal Kishore Vs. The State NCT of Delhi pg. no. 4/6
10.RW-4/ Sh. Nand Lal appeared on behalf of respondent no.4/ MCD. He had brought the status report with respect to terminal benefits dues to Late Smt. Sharda Devi w/o Late Sh. Jagdish Lal and terminal benefits include leave encashment of Rs. NIL, Gratuity of Rs. 11,96,460/-, GIS of Rs.30,000/-, pension as per rules, GPF of Rs.7,49,889/- and DLI of Rs.60,000/-. The above-mentioned status report is Ex. RW-4/A & copy of his ID proof is Ex. RW- 4/B (OSR).
11.During the course of final arguments, Ld. Counsel for the petitioner referred to the testimonies of the witnesses examined and submitted that the material on record was sufficient to conclude that the petitioner is one of the surviving legal heirs of the deceased and that there is no impediment in grant of succession certificate in favour of petitioner.
12.Heard. Record perused.
13.The testimonies of the witnesses examined prove that Late Smt. Sharda Devi passed away on 24.05.2024. On such date, as per Section 15 (1) (a) of Hindu Succession Act, 1956 ('Act'), petitioner(son) is the entitled legal heir in the light of Section 16 of Hindu Succession Act. No one else has come forward to oppose this succession petition as well despite publication in newspaper.
14.In light of the aforesaid facts and circumstances and on the Digitally signed CHARU by CHARU ASIWAL ASIWAL Date: 2025.11.17 16:42:45 +0530 SC No.110/24 Kamal Kishore Vs. The State NCT of Delhi pg. no. 5/6 basis of the material placed on record, this Court is of the view that the present petition is liable to be favourably considered. Thus, the present petition qua the grant of succession certificate in respect of statements of accounts of saving bank account bearing No. 0113000103137680, having balance amount of Rs. 47,114.48/- as on 08.01.2025, saving bank account bearing no. 1518000100357913, having balance amount of Rs. 19,212.73/- as on 03.10.2024, terminal benefits including leave encashment of Rs. NIL, gratuity of Rs. 11,96,460/-, GIS of Rs. 30,000/-, pension as per rules, GPF of Rs. 7,49,889/- and DLI of Rs. 60,000/-, all in the name of Smt. Sharda Devi stands allowed in favour of petitioner.
15.Total value of above securities held by deceased turns out to be Rs.21,02,676.21/-. Accordingly, succession certificate be issued in favour of the petitioner. Succession certificate be drawn on deposit of combined court fees of Rs. 52,566.90/- (rounded) in terms of Article 12 Schedule 1 of Court Fees Act, 1870 as applicable in Delhi.
16.File be consigned to Record Room after necessary compliance.
Digitally signed by CHARUAnnounced in the open Court CHARU ASIWAL ASIWAL Date:
on 17.11.2025 2025.11.17
16:42:53 +0530
(Charu Asiwal)
ACJ/CCJ/ARC/Shahdara
KKD Courts/Delhi
17.11.2025
SC No.110/24 Kamal Kishore Vs. The State NCT of Delhi pg. no. 6/6