Delhi District Court
Smt. Kasturi Banerji vs State on 8 September, 2014
IN THE COURT OF MS. POOJA TALWAR, ADMINISTRATIVE
CIVIL JUDGE, SOUTH EAST DISTRICT, SAKET COURTS, ND.
SUCCESSION CASE No. 36/2014
Unique ID No. 02406C0010822014
Smt. Kasturi Banerji,
W/o Late Sh. Ram Chandra Benerji,
R/o 52/19, Chittranjan Park,
New Delhi110019.
Petitioner
Versus
1. State.
2. Ms. Mukta Banerji
1675, Longport Drive,
Sunnyvale, CA94087,
USA
3. Ms. Sanjukta Bhattacharya
1315, Quial Creek Circle,
San Jose, CA95120,
USA Respondents
Application for grant of succession certificate under section 372 of
Indian Succession Act, 1925
Case filed on - 15.04.2014
Judgment pronounced on -08.09.2014
JUDGMENT
SS No. 36/2014 Smt. Kasturi Banerji Vs. State & Anr. Page 1/7
1. This is a petition under section 372 of the Indian Succession Act 1925 (hereafter referred to as "the Act") filed by the petitioner Smt. Kasturi Banerji for grant of succession certificate in respect of debts and securities of her deceased husband Late Sh. Ram Chandra Banerji, who left for his heavenly abode on 10.05.2011. The State as well as the other legal heirs of Late Sh. Ram Chandra Banerji have been impleaded as respondents.
2. Petitioner seeks succession certificate in respect of following debts and securities.
List of Shares (Annexure B).
Name of Current Financial Stock NO. Of Conversi Date of Name of no. of Value of Total
the Status Instrume Exchange Shares on Ratio conversio company shares shares as Value
Company nt (if any) n shares after on date (INR)
alloted conversio
after n
conversio
n
INDIA AMAGM EQ. NSE 150 28:1(IND APRIL RELIAN 1.07 953.75 1,020.51
POLYFI LATED SHARES &BSE IANPOL 2006 CE
BERS WITH YFIBER INDIAN INDUST
LTD. IPCL TO IPCL POLYFI RIES
AND DEC-200 BERS TO
LATER 7IPCL IPCL
IPCL TO DEC-200
MERGE RELIAN 7 IPCL
D WITH CE TO
RELIAN RELIAN
CE IND. ACE
TVS DISSOL EQ. BSE 150 DISSOL NA NA NA NA
SUZUKI VED SHARES VED
LIMITES
BOMBA NOT IN EQ. BSE 25 FINAL NA NA 25
Y RECOR SHARES NAME
TYRES D CONVE
INTERN RTED
ATIONA TO
L LTD MODIST
ONE
LTD.
SS No. 36/2014 Smt. Kasturi Banerji Vs. State & Anr. Page 2/7
IPITATA ACTIVE EQ. NSE 150 NA NA NA 150 498.05 74,707.50
SPONGE SHARES &BSE
IRON
LTD.CH
ANGED
TO TATA
SPONGE
IRON
LTD.
JK ACTIVE EQ. NSE 36 NA NA NA 36 128.95 4642.20
LAKSH SHARES &BSE
MI
CEMEN
T
JK ACTIVE EQ. 14 NA NA NA 14 128.95 1805.30
LAKSH SHARES
MI
CEMEN
JAYKAY ACTIVE EQ. 38 NA NA NA 38 3.4 129.20
SYNTHE SHARES
TIC
LTD(NA
ME
CHANG
ED TO
JAYKAY
ENTERP
RISES
LTD.)
DAEWO UNDER RED. 10 NA NA NA 10 0
O LIQIDAT DEBENT 50 50
MOTOR ION URES
S LTD EQ.
SHARES
TITAN ACTIVE EQ. NSE 150 NA NA NA 150 262.75 39412.50
WATCH SHARES
ES LTD.
(NAME
CHANG
ED RO
TITAN
INDUST
RIES
LTDAND
THEN
CHANG
ED TO
TITAN
COMPA
NY LTD.
TITAN ACTIVE EQ. NSE 3000 NA NA NA 3000 262.75 788250.0
WATCH SHARES 0
ES LTD.
(NAME
CHANG
ED RO
TITAN
INDUST
RIES
LTDAND
THEN
CHANG
ED TO
TITAN
COMPA
NY LTD.
SS No. 36/2014 Smt. Kasturi Banerji Vs. State & Anr. Page 3/7
TATA ACTIVE EQ. NSE 145 NA NA NA 145 419.85 60878.25
IRON SHARES
AND
STEAL
LTD.
(NAME
CHANG
ED TO
RATA
STEELT
D.)
TATA ACTIVE EQ. NSSE 518 NA NA NA 518 419.85 217482.3
IRON SHARES 0
AND
STEAL
LTD.
(NAME
CHANG
ED TO
RATA
STEELT
D.)
SWISS DORMA EQ DELIST 250 NA NA NA 250 0
JEWELS NT SHARES ED
(INDIA)L
TD
ITC ACTIVE EQ. NSE 7960 NA NA NA 7960 343.5 2734260.
LIMITE SHARES 00
D
3922587.
76
3. Notice of the petition was published in the daily newspaper 'Statesman' dated 23.05.2014 to invite objections from the public at large for the grant of succession certificate in respect of debts and securities of the deceased. None, however, appeared from the public at large to raise any objection to it.
4. Sh. Sanjay Kumar has been examined as PW1. He has brought the statement of account of Sh. Ram Chandra Banerji having account no. 10590100005898, having balance of Rs.1,02603.16 on 01.05.2014. The certified copy of statement of account is Ex.PW1/A. SS No. 36/2014 Smt. Kasturi Banerji Vs. State & Anr. Page 4/7
5. Smt. Kasturi Banerji has been examined as PW2. She is the wife of the deceased Sh. Ram Chandra Banerji. The death certificate of the deceased is Ex.PW2/1, Election Card of deceased is Ex.PW2/A, List of legal heirs is Ex.PW2/3. Her I Card is Ex.PW2/4, list of property is Ex.PW2/5, share certificates/bonds/debentures are Ex.PW2/6(colly) (OSR), Fixed Deposit with Steel Authority of India Ltd. is Ex.PW2/9 and CA certificate dated 26.05.2014 is Ex.PW2/10.
6. Smt. Mukhta Banerji has been examined as RW1. She is the daughter of the deceased Sh. Ram Chandra Banerji. She and her sister Smt. Sanjukta Bhattacharayya have no objection if the succession certificate is granted in favour of petitioner i.e. Smt. Kasturi Banerji.
7. Sh. Rohtash Singh has been examined as PW3. He has brought the latest statement of account of Late Sh. Ram Candra Banerji which is placed on record as Ex.PW3/1.
8. Sh. J.N. Panwar has been examined as PW4. He has brought the refund order details pertaining to the FDR no. 4836494 of Mr. Ram Chandra Banerji which have been taken from the online site of PDS, SAIL. As per the said record an amount of Rs.21,309/ has been withdrawn by Mr. Ram Chandra Banerji vide refund RO no. 726748 SS No. 36/2014 Smt. Kasturi Banerji Vs. State & Anr. Page 5/7 dated 22.07.2005. A copy of the refund order detail is placed on record as Ex.PW4/1 (2 pages).
9. I have heard the arguments advanced by the Ld. counsel and gone through the records.
10. From the oral testimony and documents on record and the death certificate Ex.PW2/1, it is clear that Late Sh. Ram Chandra Banerji passed away on 10.05.2011. It is also clear that the deceased did not leave behind any will. As per the testimony of the petitioner, there are only three legal heirs of Late Sh. Ram Chandra Banerji. Total value of the debts and securities, for which succession certificate is sought for, is Rs.40,31,769.92.
11. None has appeared on behalf of the public at large to contest the aforesaid claim of the petitioner. There is also no impediment under section 370 of the Act to the grant of succession certificate. Therefore, I deem it fit to allow this petition. This petition is hereby allowed.
12. I, therefore, hold that the petitioner Smt. Kasturi Banerji entitled to the grant of succession certificate under section 373 of the Act in respect of the aforesaid debts and securities of his deceased husband. SS No. 36/2014 Smt. Kasturi Banerji Vs. State & Anr. Page 6/7
13. Accordingly, succession certificate be issued to the petitioner Smt. Kasturi Banerji filing of Court fees of Rs.1,00,794.24 in terms of Article 12, Schedule 1 of Court fees Act, 1870 and an indemnity bond in the sum of Rs.40,31,769.92 with one surety in the like amount. File be consigned to Record Room.
Announced in the open Court (Pooja Talwar) Today on September 8th, 2014 ACJ/CCJ/ARC(SE) Saket Court, New Delhi SS No. 36/2014 Smt. Kasturi Banerji Vs. State & Anr. Page 7/7