Delhi District Court
Prema Devi Tiwari vs State on 6 September, 2014
IN THE COURT OF MS. POOJA TALWAR, ADMINISTRATIVE
CIVIL JUDGE, SOUTH EAST DISTRICT, SAKET COURTS, ND.
SUCCESSION CASE No. 73/2014
Unique ID No. 02406C0010822014
Prema Devi Tiwari,
W/o Late Sh. Shri Kant Tiwari,
R/o 148, DDA Janta Flats,
Pul Pehlad Pur,
New Delhi110044
Petitioner
Versus
1. State
2. Sh. Vijay Kumar Tiwari,
S/o Late Sh. Shri Kant Tiwari,
R/o F35, III floor,
Shastri Nagar,
New Delhi110052.
3. Sh. Anil Kumar,
S/o Late Sh. Shri Kant Tiwari,
R/o 148, DDA Janta Flats,
Pul Pehlad Pur,
New Delhi110044. Respondents
Application for grant of succession certificate under section 372 of
Indian Succession Act, 1925
Case filed on - 08.08.2014
Judgment pronounced on -06.09.2014
SS No. 75/2014 Mrs. Prema Devi Tiwari Vs. State & Anr. Page 1/5
JUDGMENT
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. Prema Devi Tiwari for grant of succession certificate in respect of debts and securities of her deceased husband Late Sh. Shri Kant Tiwari, who left for his heavenly abode on 02.05.2013. The State as well as the other legal heirs of Late Sh. Shri Kant Tiwari have been impleaded as respondents.
2. Petitioner seeks succession certificate in respect of following debts and securities.
List of Assets (AnnexureA).
1154 shares of Tata Steel Lmt and Jeevan Tara Building value of Rs.6,50,000/, First Floor, 5, Sansad Marg, New Delhi as Follows: Certificate No. Distinctive Numbers Folio no. Qty. 3422635 384161942-1976 S1S0126414 102
4380817 317504395-4444 7519693-96 336511620-636 4711261-64 326152527-656 S1S0209568 200 7628783-85 337278539-608 4081492-94 285260609-652 S1S0051084 234 1518621-22 102818401-8500 5943198-202 3413202 383746787-6994 S1S0077919 618 4129938-39 286441848-1947 6003540-42 203915041-5150 1612400-403 106205951-6150 SS No. 75/2014 Mrs. Prema Devi Tiwari Vs. State & Anr. Page 2/5 List of Assets (AnnexureB).
1481 shares of Tata Steel Lmt and Jeevan Tara Building value of Rs.7,75,000/, First Floor, 5, Sansad Marg, New Delhi as Follows: Certificate No. Distinctive Numbers Folio no. Qty. 3422635 3841161942-1976 S1S0126414 105
4380817 317504395-4444 7519693-96 336511620-1636 4380819 317504465-4467 4711261-64 326152527-656 S1S0209568 300 7628783-85 337278539-608 3437720 384712652-751 4081492-94 285260609 S1S0051084 451 1518621-22 102818401-8500 5943198-202 202322181-2270 7494058-61 336381668-1684 3407977 383356496-6645 3413202 383746787-6994 S1S0077919 625 4129938-39 286441848-1947 6003540-42 203915041-5150 1612400-403 106205951-6150 4129941 286441968-1977
3. Notice of the petition was published in the daily newspaper 'Statesman' dated 02.08.2014 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. Smt. Prema Devi Tiwari has been examined as PW1. She is the wife of the deceased Sh. Shrikant Tiwari. Late Sh. Shrikant Tiwari died intestate on 04.05.2007 his death certificate is Ex.PW1/A. The valuation of shares of Tata Steel Ltd. is Rs.7,75,525.65. Voter ICard of PW1 is Ex.PW1/B. SS No. 75/2014 Mrs. Prema Devi Tiwari Vs. State & Anr. Page 3/5
5. Sh. Vijay Kumar has been examined as RW1. He is the son of the deceased Sh. Shrikant Tiwari. He has no objection to grant succession certificate in favour of his mother Smt. Prema Devi Tiwari for the shares and securities of his Father Late Sh. Shrikant Tiwari. His Voter ICard is Ex.RW1/A.
6. Sh. Anil Kumar has been examined as RW2. He is the son of the deceased Sh. Shrikant Tiwari. He has no objection to grant succession certificate in favour of his mother Smt. Prema Devi Tiwari for the shares and securities of his Father Late Sh. Shrikant Tiwari. His Voter ICard is Ex.RW2/A.
7. I have heard the arguments advanced by the Ld. counsel and gone through the records.
8. From the oral testimony and documents on record and the death certificate Ex.PW1/A, it is clear that Late Sh. Shri Kant Tiwari passed away on 04.05.2007. It is also clear that the deceased did not leave behind any will. As per the testimony of the petitioner, there are only two legal heir of deceased Late Sh. Shri Kant Tiwari besides her. Respondent no.1 and 2 has given her no objection to grant of succession certificate in respect of debts and securities of the deceased in favour of the petitioner. Total value of the debts and securities, for which succession certificate is sought for, is Rs. 7,75,525.65. SS No. 75/2014 Mrs. Prema Devi Tiwari Vs. State & Anr. Page 4/5
9. 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.
10. I, therefore, hold that the petitioner Smt Prema Devi 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.
11. Accordingly, succession certificate be issued to the petitioner Smt. Prema Devi filing of Court fees of Rs.19,388.14 in terms of Article 12, Schedule 1 of Court fees Act, 1870 and an indemnity bond in the sum of Rs.7,75,525.65/ with one surety in the like amount. File be consigned to Record Room.
Announced in the open Court (Pooja Talwar) Today on September 6th, 2014 ACJ/CCJ/ARC(SE) Saket Court, New Delhi SS No. 75/2014 Mrs. Prema Devi Tiwari Vs. State & Anr. Page 5/5