Delhi District Court
Smt. Kamlesh vs The State (Govt. Of Nct Of Delhi) on 9 October, 2013
IN THE COURT OF MS. SURYA MALIK GROVER: ACJCUMCCJ
CUMARC (SOUTHWEST):DWARKA COURTS:NEW DELHI
SUCCESSION CASE NO. 82/12
Smt. Kamlesh
W/o Late Sh. Mohan Singh
R/o Village Bamnoli,
P.O. Dhool Siras,
New Delhi77 ...............Petitioner
Vs.
1. The State (Govt. of NCT of Delhi)
2. Mukesh Kumar
S/o Late Sh. Mohan Singh
3. Naresh Kumar
S/o Late Sh. Mohan Singh
4. Smt. Prakash Wati
M/o Late Sh. Mohan Singh
Respondent No. 2 to 4 R/o
R/o Village Bamnoli,
Smt. Kamlesh Vs. The State (Govt. of NCT of Delhi) and ors.
SC82/12
: 1 :
P.O. Dhool Siras,
New Delhi77 ...............Respondents
Petition U/s 372 of Indian Succession Act for grant of Succession
Certificate in respect of debts and securities etc. of Late Sh. Mohan Singh
Date of Institution : 03.11.2012
Date of Reserving Order : 09.10.2013
Date of Judgment : 09.10.2013
JUDGMENT:
1. The present petition has been filed by the petitioner Smt. Kamlesh for grant of Succession certificate U/s 372 of Indian Succession Act, 1925 (herein after referred to as the Act), in respect of debts and securities etc. of deceased Mohan Singh.
2. The State, Mukesh Kumar, Naresh Kumar and Smt. Prakash Wati have been impleaded as the respondents.
3. It has been averred by the petitioner Smt. Kamlesh that the ordinary Smt. Kamlesh Vs. The State (Govt. of NCT of Delhi) and ors.
SC82/12 : 2 : place of residence of her deceased husband Sh. Mohan Singh is at Bamnoli, New Delhi which falls within the jurisdiction of this court and that he has died intestate without leaving any Will and left behind only four classI legal heirs, namely petitioner herself, respondent 2 Mukesh Kumar, respondent No. 3 Naresh Kumar and respondent No. 4 Smt. Prakash Wati.
4. Notice of the petition was issued in the newspaper "The Time of India" on 05.01.2013 but none appeared on behalf of public at large, to raise any objection to grant of succession certificate in favour of petitioner.
5. In support of the case, the petitioner has examined two witnesses.
(i) PW1 Kamlesh, has deposed on oath that her husband Mohan Singh expired on 02.02.2010 and his death certificate has been proved as EX.PW1/B. Further, it is stated that her husband Mohan Singh died intestate leaving behind, besides herself, respondent No. 2 to 4 as the only classI legal heirs of her deceased husband Mohan Singh. Further, it is stated that respondent No. 2 and 3 have given their no objection in her Smt. Kamlesh Vs. The State (Govt. of NCT of Delhi) and ors.
SC82/12 : 3 : favour.
The witness has proved self attested photocopy of Voter I Card as EX.PW1/D to establish her identity. Further, she has proved Schedule A as EX.PW1/C.
(ii) PW2 Bhoop Singh, Special Assistant, has deposed on oath that he has brought the attested copy of statement of account No. 55002629198 which is in the name of Sh. Mohan Singh for the period of 15.02.2005 to 19.07.2013 and as per statement of account the balance as on 19.07.2013 is Rs. 14,11,011.79. The witness has proved attested copy of statement of account balance as on 19.07.2013 as EX.PW2/B (colly). Further, it is stated that he has brought the attested statement of account No. 65122790712 which is in the name of Sh. Mohan Singh and same has been proved as EX.PW2/D and as per statement of account the balance as on 13.09.2013 is Rs.1075/. Further, it is stated that he has brought the attested statement of FDR bearing account No. 55002644638 in the name of Sh. Mohan Singh and same has been proved as EX.PW2/E and as Smt. Kamlesh Vs. The State (Govt. of NCT of Delhi) and ors.
SC82/12 : 4 : per statement of FDR account bearing No. 55002644638 the balance as on 13.09.2013 is Rs.11,008.11 ( Rs. 9721.31 + Rs. 1286.80). Further, it is stated that he has brought the attested statement of FDR bearing account No. 65102620493 in the name of Sh. Mohan Singh and same has been proved as EX.PW2/F and as per statement of FDR account bearing No. 65102620493 the balance as on 13.09.2013 is Rs.1,48,116.92 ( Rs. 130213 + Rs. 17903.92).
Thereafter, petitioner evidence was closed.
6. In respondent evidence, total three witnesses have been examined.
(i) RW1 Mukesh Kumar, son of the deceased has deposed on oath that he has no objection in case succession certificate is granted in favour of petitioner Kamlesh. Further, he has placed on record self attested photocopy of Voter ICard as EX.RW1/A to prove his identity.
Smt. Kamlesh Vs. The State (Govt. of NCT of Delhi) and ors.
SC82/12 : 5 :
(ii) RW2 Naresh Kumar, son of the deceased has deposed on oath that he has no objection in case succession certificate is granted in favour of petitioner Kamlesh. Further, he has placed on record self attested photocopy of Voter ICard as EX.RW2/A to prove his identity.
(iii) LC1 Anil Kulhari, Advocate (being appointed as Local Commissioner) has deposed that he was appointed as Local Commissioner by this Hon'ble court vide order dt. 31.05.2013 for recording of statement and status of respondent No. 4 Smt. Prakash Wati mother of deceased Mohan Singh. Further, he has stated that he has visited the residence of respondent No. 4 i.e. T Farm House, Main Najafgarh Road, Bamnoli Village, Delhi77 and he recorded the statement of respondent No. 4 and took thumb impression of respondent No. 4 at point B on his report and thumb impression of respondent No. 4 is identified by him and his signature at point A and statement of respondent No. 4 Smt. Prakash Wati has been proved as EX.LC1/A. Further, Smt. Kamlesh Vs. The State (Govt. of NCT of Delhi) and ors.
SC82/12 : 6 : Voter ICard of respondent No. 4 has been proved as EX.LC1/B, which is verified by him by his signature at point A and having thumb impression over the same by respondent No. 4 at point B. Further, it is stated that his detailed report dt. 19.07.2013 in regard to the status has been proved as EX.LC1/C which bears his signature at point A. Thereafter respondent evidence was closed.
7. I have heard the arguments advanced by Ld counsel and have perused the material on record.
8. 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 Smt. Kamlesh Vs. The State (Govt. of NCT of Delhi) and ors.
SC82/12 : 7 : 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, my prima facie findings are as under: 9.1 The deceased Sh. Mohan Singh died intestate qua debts and securities mentioned in ScheduleA. 9.2 The deceased Sh. Mohan Singh was having permanent resident at Bamnoli, New Delhi as is reflected from his death certificate as Smt. Kamlesh Vs. The State (Govt. of NCT of Delhi) and ors.
SC82/12 : 8 : EX.PW1/B which falls within the jurisdiction of this court. 9.3 The deceased was having four surviving class I legal heirs. The respondent No. 2, respondent No. 3 and respondent No. 4 (through Local Commissioner Anil Kulhari, Advocate) have given their no objection with regard to their share i.e. 1/4th each of the property of the deceased in favour of the petitioner. 9.4 EX.PW2/B(colly), EX.PW2/D, EX.PW2/E and EX.PW2/F have reflected that the deceased was having following debts and securities: ____________________________________________________ Sl. No. Particulars Amount due(Rs.) _____________________________________________________
1. Saving account No. 55002629198 Rs. 14,11,011.79 in State Bank of Patiala
2. Saving account No. 65122790712 Rs. 1075/ in State Bank of Patiala
3. FDR No. 55002644638 Rs. 11,008.11 Smt. Kamlesh Vs. The State (Govt. of NCT of Delhi) and ors.
SC82/12 : 9 : in State Bank of Patiala
4. FDR No. 65102620493 Rs. 1,48,116.92 in State Bank of Patiala _____________________________________________________ Total Rs. 15,71,211.82 _____________________________________________________ Therefore, the total value of the debts and securities held by deceased for which succession certificate has been applied for turns out to be Rs. 15,71,211.82 9.5 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.
10. In view of the aforesaid observations, I hold that the petitioner Smt. Kamlesh is entitled for the grant of Succession Certificate U/s 373 of the Act in respect of the aforementioned debts and securities having total Smt. Kamlesh Vs. The State (Govt. of NCT of Delhi) and ors.
SC82/12 : 10 : value of Rs. 15,71,211.82 alongwith interest accrued thereon, if any.
11. Accordingly, succession certificate be issued to the petitioner Smt. Kamlesh for his share and shares of respondent No. 2 Mukesh Kumar, respondent No. 3 Naresh Kumar and respondent No. 4 Smt. Prakash Wati on filing of court fees of Rs.39,280.295 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.
File be consigned to record room after due compliance.
Announced in the (Surya Malik Grover) open court on ACJcumCCJcumARC 09.10.2013 Dwarka Courts: New Delhi
Smt. Kamlesh Vs. The State (Govt. of NCT of Delhi) and ors.
SC82/12 : 11 : Smt. Kamlesh Vs. The State (Govt. of NCT of Delhi) and ors.
SC82/12 : 12 : Smt. Kamlesh Vs. The State (Govt. of NCT of Delhi) and ors.
SC82/12 : 13 :