Delhi District Court
Arpit Rastogi vs State on 3 August, 2024
IN THE COURT OF SH. VINOD JOSHI,
ACJ-CCJ-ARC(EAST), KARKARDOOMA COURTS, DELHI
Petition No.: SC- 15/20
IN THE MATTER OF:
Sh. Arpit Rastogi
S/o Sh. Sushil Kumar Rastogi,
R/o H No. D-265C, Gali no. 9,
Block-D, Laxmi Nagar,
Delhi-110092 ...Petitioner
VERSUS
1. The State (Govt NCT of Delhi)
Through Sub Division Magistrate-VIII,
Geeta Colony, Delhi.
2. United Bank of India
137, Chadani Chowk, Delhi-110006,
Also at:6662, Khari Baoli Delhi-110006.
3. HDFC Bank Ltd
Shop no. BG-09/10/11 RG Complex,
Plot no. 2, Commercial Center Complex,
Motia Khan, Paharganj-110055
4. Sh. Sushil Kumar Rastogi
S/o Late Sh. Jeevan Lal Rastogi,
5. Smt. Renu Rastogi
W/o Sh. Sushil Kumar Rastogi,
Both Residents of:
R/o H No. D-265C, Gali no. 9,
Block-D, Laxmi Nagar,
Delhi-110092 ...Respondents
DATE OF INSTITUTION : 17.02.2020
DATE OF RESERVING THE ORDER : 03.08.2024
DATE OF DECISION : 03.08.2024
SC- 15/20
Page No. 1/4
PETITION U/S 372 OF INDIAN SUCCESSION ACT
JUDGMENT
1. The present petition has been filed under section 372 of the Indian Succession Act, 1925 by Arpit Rastogi (hereinafter called petitioner) for a Succession Certificate in respect of saving and FDR account existing in the name of his deceased brother Late Sh. Ankit Rastogi who is stated to be expired on 20.12.2014 in Mauritius.
2. The petitioner is governed by Hindu Law.
3. The Notice of the present petition was given to the State by way of publication for the knowledge and awareness of general public in the newspaper 'Veer Arjun'. However, nobody from the general public has filed any objection to the present petition.
4. To prove his case, the petitioner examined himself as PW1. It is seen that the petitioner proved the death of his deceased brother by producing copy of his death certificate is Ex PW-1/1. Petitioner has filed copy of his identity proof i.e Aadhar Card is Ex PW-1/2.
Petitioner has dropped the relief regarding releasing the RC of vehicle bearing no. DL3CBJ-1792 Model Alto LXI BS3 and clearing certificate of the loan amount in the present petition vide order dated 03.08.2024.
Official from the office of SDM Office, concerned has already filed report of surviving member certificate.
5. Sh. Nishant Mishra, United Bank of India (now SC- 15/20 Page No. 2/4 merged in PNB), 137, Moti Bazar, Chandni Chowk, Delhi-110006 has filed a statement pertaining to the saving and FDR account bearing account nos. 0274010116632 and 0274105020601 of deceased Late Sh. Ankit Rastogi. The reply shows a balance of Rs. Rs. 12,457.76/- and Rs. 23,064.00/-. The same is Ex RW-1/B (colly).
6. Further respondent no. 4 and 5, is the class-I legal heirs of the deceased also gave their no objection with respect to the grant of succession certificate in favour of the petitioner.
7. Based on the deposition of PW1, no objection given by respondent no. 4 and 5 and supported by the documents relating to the said funds existing in the name of deceased, there is no reason for the court to doubt that the petitioner is entitled to the issuance of a Succession Certificate qua the balance amount.
8. Since the last place of residence of the deceased namely Late Sh. Ankit Rastogi is reflected to be within the territorial jurisdiction of this court, there is no bar to the grant of relief on the ground of jurisdiction.
9. The court finds no impediment to the grant of Succession Certificate to the petitioner.
10. Thus, the present petition is allowed and succession certificate is ordered to be issued in favour of the petitioner lying in saving and FDR account bearing account nos. 0274010116632 and 0274105020601 for an amount of Rs. 12,457.76/- and Rs. 23,064.00/- maintained with United Bank of India (now merged in PNB), 137, Moti Bazar, Chandni Chowk, Delhi-110006 and any future interest as may accrue and existing in the name of his deceased brother namely Late Ankit Rastogi. SC- 15/20 Page No. 3/4
11. Let requisite court fee and an indemnity bond with one surety of like amount be furnished within 15 days.
12. File be consigned to Record Room.
VINOD Digitally signed by VINOD
JOSHI
JOSHI Date: 2024.08.03 04:41:04
Announced in open Court VINOD JOSHI
+0530
Delhi Dated 03.08.2024 ACJ-CCJ-ARC(EAST)
KKD Courts/Delhi
SC- 15/20
Page No. 4/4