Delhi District Court
1 Khem Chand vs . State & Ors. on 1 November, 2013
1 Khem Chand vs. State & ors.
SC no. 24/13
IN THE COURT OF MS. SURYA MALIK GROVER: ACJcumCCJ
cumARC (SOUTHWEST): DWARKA COURTS: NEW DELHI.
Succession Case No.24/13
Sh. Khem Chand
S/o Late Sh. Subh Ram
R/o Hno. 333B, Ram Mund Mohalla,
Village Issapur,
New Delhi110073.
...............Petitioner
vs.
1. State
2. Manager, Punjab National Bank,
Branch Jhatikara,
Delhi.
3. Manager, Allahabad Bank,
Branch Dhansa,
New Delhi.
4. Dr. M.A. Khan, Deputy Director
Hospital Administration, Civic
Centre, M.C.D of their employee no.100351151,
Jawahar Lal Nehru Marg,
New Delhi110002.
.............Respondents
1
2 Khem Chand vs. State & ors.
SC no. 24/13
Petition U/s 372 of Indian Succession Act for grant of
Succession Certificate in respect of the debts and securities of
Late Sh Subh Ram.
Date of Institution: 10.04.13
Date of Reserving Order: 01.11.13
Date of Judgment: 01.11.13
JUDGEMENT:
1. The present petition has been filed by the petitioner Sh. Khem Chand for grant of Succession certificate U/s 372 of Indian Succession Act, 1925( herein after referred to as the Act), for the Estate of Late Sh. Subh Ram for the issuance/ transfer of account no. 2247000100058300 of P.N.B., Account no. 20367473244 of Allahabad Bank and amount contained in PPF Account no. CA/53943.
The State, Manager Punjab National Bank Branch Jhatikara Delhi , Manager, Allahabad Bank Branch Dhansam New Delhi and Dr. M.A. Khan, Deputy Director Hospital Administration, Civic, Jawahar Lal Nehru Marg, New Delhi have been impleaded as the respondents.
2 SC no. 24/132. It has been averred by the petitioner that deceased Late Sh Sh Subh Ram had expired on 11.02.13 leaving behind only one legal heir i.e the petitioner. It is further averred that the wife of the deceased has already died on 31.01.95 and that the deceased was working in Municipal Corporation of Delhi/ MCD as a Peon. It is further averred that at the time of his death, the deceased was the permanent resident of R/o Hno. 333B, Ram Mund Mohalla,Village Issapur,New Delhi110073. It is therefore, prayed that succession certificate be issued in favour of petitioner for the issuance/ transfer of account no. 2247000100058300 of P.N.B., Account no. 20367473244 of Allahabad Bank and amount contained in PPF Account no. CA/53943.
3. Notice of the petition was issued and ordered to be published in the newspaper "Veer Arjun" on 29.10.13 but none appeared on behalf of public at large, to raise any objection to grant of succession certificate in favour of petitioner.
4. In support of the case, the petitioner Sh Khem Chand has examined himself as PW1 in Petitioner evidence.
3 SC no. 24/13Further, in Respondent evidence, two witnesses have been examined i.e Dr. M.A.Khan Deputy Director, Hospital Administration Civic Centre, MCD, Minto Road, New Delhi as RW1 and Dr. Mohd. Nazish Medical Officer, Ayush Department (Unani) Civic Centre, South MCD, Minto Road, New Delhi as RW2 respectively.
PW1 petitioner Sh Khem Chand has deposed on oath that he has filed succession petition alongwith his affidavit as ExPW1/A bearing his signatures at point A & B. He has deposed that he has not filed any succession petition on same ground in any other court. He has further deposed that his father Late Sh Subh Ram was the resident of Hno. 333B, Ram Mund Mohalla, Village Issapur, New Delhi73 and had expired on 11.02.13, his death certificate is ExPW1/B. He has further deposed that his mother Smt. Suraj Mukhi expired on 31.01.95, her death certificate is ExPW1/C. He has further deposed that he does not remember the date , month and year of death of his grand mother. He has further deposed that his father died intestate without leaving any will. He has further deposed that he is the only Class1 legal heir/ survivor of 4 5 Khem Chand vs. State & ors.
SC no. 24/13belongings of his deceased father, as such he is entitled to receive the succession certificate in respect of debts and securities mentioned in the prayer clause of present succession petition.
Further, he has deposed on oath that he has filed photocopy of Saving Account no. 2247000100058300 in the name of his deceased father Sh Subh Ram of Punjab National Bank, Jhatikara, Delhi as ExPW1/E (OSR). He has further filed photocopy of Saving Account no. 20367473244 in the name of his deceased father Sh Subh Ram of Allahabad Bank, Branch Dhansa, New Delhi as ExPW1/F(OSR). He has further requested that succession certificate be issued in respect of above mentioned debts and securities i.e amount in Punjab National Bank, Jhatikara, Delhi and Allahabad Bank, Branch Dhansa, New Delhi and service benefits of his deceased father in his favour as per applicable rules and laws.
RW1 Dr. M.A.Khan Deputy Director, Hospital Administration Civic Centre, MCD, Minto Road, New Delhi has deposed on oath that he is respondent no.4 in the present succession petition and have brought the photocopy of noting 5 6 Khem Chand vs. State & ors.
SC no. 24/13sheet regarding total amount in GIS of Sh Subh Ram (BMID10035115) as ExRW1/A(OSR) and as per office record Rs 20,940/ is payable to legal heirs of deceased.
He has brought the photocopy of noting sheet regarding total amount of Leave Encashment of Sh Subh Ram (BMID10035115) as ExRW1/B(OSR) and as per office record Rs 1,80,770/ is payable to legal heirs of deceased.
He has also brought the photocopy of noting sheet regarding total amount of GPF no. CA/53943 of Sh Subh Ram (BMID10035115) as ExRW1/C(OSR) and as per office record Rs 2,72,361/ is payable to legal heirs of deceased.
RW2 Dr. Mohd. Nazish Medical Officer, Ayush Department (Unani) Civic Centre, South MCD, Minto Road, New Delhi has deposed on oath that he has been deputed by Dr. M.A.Khan, Addl. Director (Unani) Ayush Department Civic Centre, South MCD, Minto Road, New Delhi and authorization letter ExRW2/A bearing the signatures of Dr. M.A.Khan at point A. He has brought the attested copy of statement of service benefits of Late Sh Subh Ram as 6 7 Khem Chand vs. State & ors.
SC no. 24/13ExRW2/B bearing signature of Dr. M.A.Khan at point A and total service benefits of Late Sh Subh Ram is Rs. 10,32,152/.
Thereafter Petitioner Evidence was closed.
5. I have heard the arguments advanced by Ld counsel and have perused the material on record.
6. In Madhvi Amma Bhawani Amma & Ors. Vs. 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 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 7 8 Khem Chand vs. State & ors.SC no. 24/13
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".
7. From the oral and documentary evidence on record, my prima facie findings are as under: 7.1. The deceased Late Sh. Subh Ram was having permanent residence at Village P.O Issapur,New Delhi73 which is reflected from his death certificate proved as ExPW1/B which falls within the jurisdiction of this court. 7.2 The deceased had died on 11.02.13 leaving behind petitioner as his only Class 1 legal heir. The wife of the 8 9 Khem Chand vs. State & ors.
SC no. 24/13deceased Smt. Suraj Mukhi is proved to have predeceased him vide ExPW1/C. 7.3 The deceased died intestate qua debts and securities which are as follows: ExRW1/A(OSR) i.e the photocopy of noting sheet regarding total amount in GIS of Sh Subh Ram (BMID10035115), which reflects the balance amount of Rs 20,940/.
ExRW1/B(OSR) i.e the photocopy of noting sheet regarding total amount of Leave Encashment of Sh Subh Ram (BMID10035115) which reflects the balance amount of Rs 1,80,770/ .
ExRW1/C(OSR) i.e the photocopy of noting sheet regarding total amount of GPF no. CA/53943 of Sh Subh Ram (BMID10035115) which reflects the balance amount of Rs 2,72,361/ .
910 Khem Chand vs. State & ors.
SC no. 24/13ExRW2/B i.e the attested copy of statement of service benefits of Late Sh Subh Ram which reflects the balance amount of Rs. 10,32,152/.
Therefore, the total value of the securities held by the deceased for which succession certificate has been applied for turns out to be Rs. 15,06,223/.
7.4 The aforesaid claim of the petitioner has gone unrebutted and nobody has appeared on behalf of the public to contest the claim of the petitioner. There is also no impediment U/s 370 of the Act to grant Succession Certificate with respect to debts and securities as mentioned in the application.
8. In view of the aforesaid observations, I hold that the petitioner Sh. Khem Chand is entitled for the grant of Succession Certificate U/s 373 of the Act in respect of the aforementioned securities having total value of Rs 15,06,223/ alongwith interest accrued thereon, if any.
9. Accordingly, succession certificate be issued to the petitioner Sh Khem Chand on filing of corresponding court 10 11 Khem Chand vs. State & ors.
SC no. 24/13fees in terms of Article 12 Schedule I of Court Fees Act, 1870 as applicable in Delhi and Indemnitycumsurety bond of the like amount, within 15 days from today. Petition is accordingly, disposed of.
File be consigned to record room after due compliance.
Announced in the open court (Surya Malik Grover) today i.e on 01.11.13 ACJ/CCJ/ARC/DC/ND 11 12 Khem Chand vs. State & ors.
SC no. 24/13Sh. Khem Chand vs. State & ors.
SC24/13 01.11.13 Present : Ld counsel for the petitioner.
The State has been served by way of publication in newspaper titled as "Veer Arjun" dated 29.10.13.
Final arguments heard.
By virtue of Judgment, announced in the open court, Succession petition has been granted to the petitioner.
Petitioner is directed to file required court fees and Indemnitycumsurety bond, within 15 days from today.
File be consigned to record room.
(S.M.Grover) ACJ/CCJ/ARC/DW/ND 12 13 Khem Chand vs. State & ors.
SC no. 24/13 1314 Khem Chand vs. State & ors.
SC no. 24/13exorbitant 14