Delhi District Court
Anand Pal Kajla vs State (Govt. Of Nct Delhi) And Anr. on 24 November, 2022
IN THE COURT OF Ms. PARIDHI SHARMA, ACJcumCCJcumARC,
SOUTH WEST DISTRICT, DWARKA COURTS, DELHI
CNR No. : DLSW030014252022
Under Section : 372 of The Indian Succession Act, 1925
Anand Pal Kajla versus State (Govt. of NCT Delhi) And Anr.
a) Succession Court Case No. : 115/2022
b) Name & address of the : Anand Pal Kajla,
petitioner S/o Late Ghisa Ram,
R/o M74, Prem Nagar,
Uttam Nagar, New Delhi59.
c) Name & address of : 1. State (Govt. of N.C.T. Delhi)
respondents
: 2. Karvy Fintech Pvt. Ltd.,
Karvy Selenium TowerB,
Plot 3132, Gachibowli,
Financial District,
Hyderabad500032.
Regd. Office at:
Karvy House 46,
Avenue 4, Street No. 1,
Banjara Hills, Hyderabad500034.
: 3. Mahindra & Mahindra,
Through its Company Secretary,
Gateway Building, Apollo Bunder,
Mumbai400001.
: 4. Mahindra CIE Automobile
Ltd., Regd. Office:
Succession Court Case No. 115/2022 Anand Pal Kajla v. State (Govt. of NCT Delhi) And Anr. Page 1/9
Mahindra Towers, 1st Floor,
Dr. G.M. Bhosale Marg, Worli,
Mumbai400018.
Date of Institution : 10.06.2022
Final arguments heard on : 24.11.2022
Judgment pronounced on : 24.11.2022
Petition under Section 372 of The Indian Succession Act, 1925 for
grant of succession certificate in respect of the debts & securities of
deceased, Ghisa Ram Kajla.
JUDGEMENT
1. The present petition has been filed by the petitioner for grant of succession certificate under section 372 of Indian Succession Act, 1925 (hereinafter referred to as the "Act"), in respect of debts and securities of deceased, Ghisa Ram Kajla.
2. Factual Matrix: The case of the petitioner is that petitioner is the son of the deceased and Smt. Prem Kaur is the daughter of the deceased. It is averred that deceased died on 30.03.1993. It is further averred that the deceased, prior to his death, resided at 8/3562, Gali No. 8, Reghar Pura, Karol Bagh, New Delhi110005. Further, it is averred that the deceased was survived by two legal heirs i.e. petitioner (son of the deceased) and Prem Kaur (daughter of the deceased). The petitioner has approached this court with the instant petition seeking grant of succession Succession Court Case No. 115/2022 Anand Pal Kajla v. State (Govt. of NCT Delhi) And Anr. Page 2/9 certificate in respect of 4000 shares having Certificate no. 414495 & 4000 shares having Certificate no. 2010534 both having Folio No. K000024 and 50 nonconvertible debentures having Folio No. MMG00680 all maintained with Mahindra & Mahindra Ltd. and 39 shares having certificate no. 100211, Folio No. MAS0022211 & 281 shares having certificate no. 100206, Folio No. MAS0022206 and 28 nonconvertible debentures having Folio No. G00076 all maintained with Mahindra Ugine Steel Company Limited (presently known as Mahindra CIE Automotive Limited) purchased by the deceased.
3. Summoning of respondents and chain of subsequent events: Notice of the petition was ordered to be published in newspaper and accordingly, publication was done in newspaper titled as "Veer Arjun"
dated 27.07.2022 but none appeared on behalf of public at large, to raise any objection to grant of succession certificate in favour of petitioner.
4. Pursuant to the notice issued to respondents, AR on behalf of respondent no. 3 & 4 appeared before the court and filed relevant record in respect of shares & nonconvertible debentures maintained with Mahindra & Mahindra Ltd. and Mahindra Ugine Steel Company Limited (presently known as Mahindra CIE Automotive Limited) purchased by the deceased.
Prem Kaur (daughter of the deceased), one of the legal heirs filed AffidavitcumNOC wherein it is stated that she has no objection to grant of succession certificate in favour of the petitioner.
Succession Court Case No. 115/2022 Anand Pal Kajla v. State (Govt. of NCT Delhi) And Anr. Page 3/95. Evidence adduced by the petitioners: Petitioner i.e. Mr. Anand Pal Kajla got himself examined as PW1 and tendered his evidence by way of an affidavit which is Ex. PW1/A and relied on the following documents:
(i) Copy of death certificate of deceased, Ghisa Ram Kajla which is Ex.
PW1/A (OSR).
(ii) Copy of death certificate of deceased, Mahakaur which is Ex. PW1/B (OSR).
(iii) Copy of Aadhar card of petitioner and his sister, Prem Kaur which is Ex. PW1/C (OSR) (Colly).
(iv) Affidavit cum NOC filed on behalf of his sister, Prem Kaur which is Ex. PW1/D.
(v) Documents on behalf of Mahindra Ugine Steel Company Limited (presently known as Mahindra CIE Automobile Ltd.) which are Ex. PW1/E (Colly).
(vi) Documents on behalf of Mahindra And Mahindra Limited which are Ex. PW1/F.
(vii) Letter dated 11.06.2019 for issue of duplicate cum transmission of shares which is Ex. PW1/G.
(viii) Copy of reply dated 24.06.2019 for transmission cum duplicate shares which is Ex. PW1/H.
(ix) Copy of emails exchanged between petitioner and the share company along with certificate u/s 65 B Indian Evidence Act which is Ex. PW1/1 (Colly).Succession Court Case No. 115/2022 Anand Pal Kajla v. State (Govt. of NCT Delhi) And Anr. Page 4/9
PW1 stated that he seeks succession certificate in respect of 4000 shares having Certificate no. 414495 & 4000 shares having Certificate no. 2010534 both having Folio No. K000024 and 50 non convertible debentures having Folio No. MMG00680 all maintained with Mahindra & Mahindra Ltd. and 39 shares having certificate no. 100211, Folio No. MAS0022211 & 281 shares having certificate no. 100206, Folio No. MAS0022206 and 28 nonconvertible debentures having Folio No. G00076 all maintained with Mahindra Ugine Steel Company Limited (presently known as Mahindra CIE Automotive Limited).
6. Thereafter, petitioner's evidence was closed and final arguments were heard.
7. Arguments, Appreciation of Evidence and Reasons: I have heard learned counsel for the petitioner, perused the material placed on record and considered the submissions advanced.
8. In Madhvi Amma Bhawani Amma & Ors. v. Kunjikutty Pillai Meenakshi, AIR 2000 SC 2301, 2000 (3) ALT 35 SC, 2001 (49) BLJR 813, it was held as under:
" The enquiry in proceedings for grant of succession certificate is to be summary, and the Court, without determining questions of law or fact, which seem to it to be too intricate and Succession Court Case No. 115/2022 Anand Pal Kajla v. State (Govt. of NCT Delhi) And Anr. Page 5/9 difficult for determination, should grant the certificate to the person who appears to have prima facie the best title thereto. In such cases the Court has not to determine definitely and finally as to who has the best right to the estate. All that it is required to do is to hold a summary enquiry into the right to the certificate, with a view, on the one hand, to facilitate the collection of debts due to the deceased and prevent their being timebarred, owing (for instance) to dispute between the heirs inter se as to their preferential right to succession, and, on the other hand, to afford protection to the debtors by appointing a representative of the deceased and authorising him to give a valid discharge for the debt. The grant of a certificate to a person does not give him an absolute right to the debt nor does it bar a regular suit for adjustment of the claims of the heirs inter se".
9. From the oral and documentary evidence on record, prima facie findings are as under:
a) Deceased i.e. Ghisa Ram Kajla, prior to his death, resided at Malipana Road, Merrut as reflected from the death certificate which is Ex. PW1/A. However, the securities pertaining to Succession Court Case No. 115/2022 Anand Pal Kajla v. State (Govt. of NCT Delhi) And Anr. Page 6/9 the deceased were found lying at M74, Prem Nagar, Uttam Nagar, New Delhi110059. The matter thus, falls within the jurisdiction of this court.
b) Deceased had expired on 30.03.1993 leaving behind two class1 legal heirs that is, petitioner (son of the deceased) and Smt. Prem Kaur (daughter of the deceased).
10. Debts and Securities: Deceased died intestate qua debts and securities which are mentioned in the petition as well as in the testimony of PW1. The same are 4000 shares having Certificate no. 414495 & 4000 shares having Certificate no. 2010534 both having Folio No. K000024; 50 nonconvertible debentures having Folio No. MMG00680 all maintained with Mahindra & Mahindra Ltd. and 39 shares having certificate no. 100211, Folio No. MAS0022211 & 281 shares having certificate no. 100206, Folio No. MAS0022206; 28 nonconvertible debentures having Folio No. G00076 all maintained with Mahindra Ugine Steel Company Limited (presently known as Mahindra CIE Automotive Limited), in the name of the deceased.
Therefore, the total value of the above mentioned securities held by deceased for which succession certificate has been applied for are 4000 shares having Certificate no. 414495 & 4000 shares having Certificate no. 2010534 both having Folio No. K000024; 50 non convertible debentures having Folio No. MMG00680 all maintained with Mahindra & Mahindra Ltd. and 39 shares having certificate no. 100211, Folio No. MAS0022211 & 281 shares having certificate no. 100206, Folio No. MAS0022206; 28 nonconvertible debentures having Folio No. Succession Court Case No. 115/2022 Anand Pal Kajla v. State (Govt. of NCT Delhi) And Anr. Page 7/9 G00076 all maintained with Mahindra Ugine Steel Company Limited (presently known as Mahindra CIE Automotive Limited).
11. The aforesaid claim of the petitioner has gone unrebutted and none has appeared on behalf of the public to contest the claim of the petitioners. There is also no impediment under section 370 of the Act to grant succession certificate with respect to debts and securities as mentioned in the petition.
12. Conclusion: In view of the reasons spelled above, this court holds that petitioner is entitled to grant of succession certificate under section 373 of the Act in respect of aforementioned securities i.e. 4000 shares having Certificate no. 414495 & 4000 shares having Certificate no. 2010534 both having Folio No. K000024; 50 nonconvertible debentures having Folio No. MMG00680 all maintained with Mahindra & Mahindra Ltd. and 39 shares having certificate no. 100211, Folio No. MAS0022211 & 281 shares having certificate no. 100206, Folio No. MAS0022206; 28 non convertible debentures having Folio No. G00076 all maintained with Mahindra Ugine Steel Company Limited (presently known as Mahindra CIE Automotive Limited) alongwith interest/ dividend, if any, accrued thereupon.
13. Accordingly, succession certificate be issued to the petitioner on filing of corresponding court fees in terms of Article 12 Succession Court Case No. 115/2022 Anand Pal Kajla v. State (Govt. of NCT Delhi) And Anr. Page 8/9 Schedule I of Court Fees Act, 1870 as applicable in Delhi and Indemnity cumsurety bond of the like amount, within 30 days from today. Petition is accordingly, disposed of.
Announced in the open court today i.e. 24.11.2022.
Paridhi Sharma ACJCCJARC/South West Dwarka Courts: New Delhi Succession Court Case No. 115/2022 Anand Pal Kajla v. State (Govt. of NCT Delhi) And Anr. Page 9/9