Delhi District Court
Rajan Roy vs State Of Gnctd on 11 September, 2024
IN THE COURT OF ADMINISTRATIVE CIVIL JUDGE-
CUM- ADDITIONAL RENT CONTROLLER (CENTRAL) :
DELHI
Presided over by : Ms. Medha Arya
Petition No. : SC/204/2022.
CNR No. DLCT03-006113-2022.
In the matter of:-
1. Shri Rajan Roy (Since deceased).
Through its LR's.
A. Ms. Freny Roy,
W/o. Late Sh. Rajan Roy,
R/o. E-402, Kanakia Paris Opp. Ascend,
International School, F-Block, BKC,
Bandra, East Mumbai-400051.
B. Sh. Akshay Roy,
S/o. Late Sh. Rajan Roy,
R/o. Runwal Elegante Building, P Tandon Marg,
Phase-D, Lokhandwala Complex,
behind Infiniti Mall, Andheri (West),
Mumbai-400058.
C. Ms. Ashni Roy,
D/o. Late Sh. Rajan Roy,
R/o. C1002, Kanakia Paris Opp. Ascend,
International School, F-Block,
BKC, Bandra, East Mumbai-400051.
2. Shri Raman Roy,
S/o. Late Sh. Parshotam Roy,
R/o. L-1/9, Hauz Khas Enclave,
Delhi-110016
....Petitioners
Versus
SC/204/2022 Sh. Rajan Roy & Ors. Vs. State & Ors.
1. The State
(Govt, of NCT of Delhi).
2. Kfin Technologies Private Limited,
Selenium Building, Tower-B,
Plot No. 31 & 32, Financial District,
Nanakramguda, Serilingampally, Hyderabad,
Rangareddi, Telengana-500032.
3. M/s. Link Intime India Pvt. Limited,
C-101, 247 Park,
L B S Marg, Vikhroli West,
Mumbai-400083.
.....Respondents.
Date of Institution : 02.12.2022
Date of order when reserved : N.A.
Date of order when announced : 11.09.2024
JUDGMENT:
1. The present succession petition has been filed by the petitioner under Section 372 of Indian Succession Act, 1925 (hereinafter referred to as the 'Act') in respect of debts and securities of deceased Smt. Jagdish Roy W/o. Late Shri Parshotam Roy (hereinafter referred to as 'the deceased').
2. It is averred that the deceased died intestate on 31.05.2006 at Delhi. It is stated that deceased was the ordinary resident of 15A/32, WEA, Karol Bagh, Delhi, which falls within the jurisdiction of this Court.
3. It is averred that the the deceased has left debts and SC/204/2022 Sh. Rajan Roy & Ors. Vs. State & Ors. securities as mentioned in para '6' of the petition. In the petition, petitioners have prayed for grant of succession certificate in respect of debts and securities as aforesaid, and it has been averred that deceased died intestate.
4. State has been impleaded as a respondent
5. After filing of this petition, notice was given to the general public by way of publication in the newspaper "The Times of India" dated 21.01.2023, but none appeared from general public to oppose or contest the present petition.
6. During summary enquiry, 04 witnesses were examined.
7. Testimony of petitioner No. 1B, who is also SPA of petitioners No. 1A and 1C, has been recorded as PW-1. He testified that neither he nor petitioners No. 1A nor 1C have any objection to grant of Succession Certificate in favour of petitioner no. 2 with regard to the debts and securities of the deceased which are the subject matter of the present petition.
8. Petitioner No. 2 took the witness stand as P2W-1. In his testimony, P2W-1 relied upon his evidence affidavit, Ex. P2W-1/A, wherein he deposed on the lines of the petition. P2W-1 deposed that total market value of the shares held by deceased on the date of filing of petition was Rs.1,90,66,443/-. P2W-1 stated that deceased was residing within the territorial jurisdiction of this Court. P2W-1 relied upon the following SC/204/2022 Sh. Rajan Roy & Ors. Vs. State & Ors. documents in his testimony :-
(i) Ex. P2W-1/1 (OS&R) being copy of
Aadhar Card.
(ii) Ex.P2W-1/2 (OS&R) being copy of
passport of the deceased.
(iii) Mark-A being copy of death certificate of
the deceased.
(iv) Ex. P2W-1/4 (OS&R) being original death
certificate of deceased Parshotam Roy.
(v) Ex. P2W-1/5 being certified copy of succession certificate in petition no. 822/1992.
(vi) Ex. P2W-1/6 being Email dated 26.06.2021 received from the Registrar of Reliance Industries alongwith certificate under Section 65-B of Indian Evidence Act.
(vii) Ex. P2W-1/7 (Collectively) being Email dated 25.06.2021, 02.07.2021, 03.07.2021 & 03.08.2021 received from the Registrar of Britannia Industries alongwith certificate under Section 65-B of Indian Evidence Act.
(viii) Ex. P2W-1/8 being original dividend voucher of Britannia Industries Limited dated 14.08.2019.
(ix) Ex. P2W-1/9 being original dividend voucher of SRF Limited dated 30.10.2008.
(x) Ex. P2W-1/10 being emails dated 25.06.2021, 06.07.2021, 09.07.2021 and 05.08.2021 received from the Registrar of SRF Limited alongwith certificate under Section 65-B of Indian Evidence Act.
SC/204/2022 Sh. Rajan Roy & Ors. Vs. State & Ors.
(xi) Ex. P2W-1/11 being letter dated 18.08.2021 received from the Registrar of Piramal Enterprises Limited.
(xii) Ex. P2W-1/12 being original dividend voucher of M/s. Gujrat NarmadaValley Fertilizers Company Limited dated 06.10.2008.
(xiii) Ex. P2W-1/13 being emails exchanged with the Registrar of M/s. Gujarat Narmada Valley Fertilizers and Chemicals Limited alongwith certificate under Section 65-B of Indian Evidence Act.
(xiv) Ex. P2W-1/14 (Collectively) being emails dated 16.07.2021 & 06.07.2021 received from the Registrar L&T Limited alongwith certificate under Section 65-B of Indian Evidence Act.
(xv) Ex. P2W-1/15 being letter dated
05.10.2014 written by L&T Limited to
petitioner.
(xvi) Ex. P2W-1/16 being original dividend
voucher of M/s. Ultratech Cemco
Limited dated 11.10.2004 & 25.08.2005.
(xvii) Ex. P2W-1/17 being emails exchanged with the Registrar of M/s. Ultratech Cemco Limited alongwith certificate under Section 65-B of Indian Evidence Act.
(xviii) Ex. P2W-1/18 being letter dated 09.08.2021 written by the Registrar of Ultratech Cement Limited.
(xix) Ex. P2W-1/19 being original divided voucher of M/s. Piramal Glass Limited dated 08.08.2008.
SC/204/2022 Sh. Rajan Roy & Ors. Vs. State & Ors.
(xx) Ex. P2W-1/20 being original dividend voucher of Raymond Limited dated 26.06.2006.
(xxi) Ex. P2W-1/21 being original Surviving Member Certificate.
(xxii) Ex. P2W-1/22 being printout from the official website of NSE depicting the share prices of share of all the companies alongwith certificate under Section 65B of Indian Evidence Act.
(xxiii) Ex. P2W-1/23 being original death certificate of petitioner no. 1.
He was not cross-examined despite opportunity.
9. RW-1 Sh. Prakhar Vashisth, Assistant Manager, Kfin Technology Limited (RTA of Hindustan Unilever Limited:
Larsen and Toubro Limited, Ultratech Cement Limited; Reliance Industries Limited; Gujarat Narmada Vally Fertlizers & Chemical Limited and SRF Limited) brought on record the letters with regard to 2140 shares of Hindustan Unilver Limited in the name of Parshotam Roy under Folio No. HLL 2943628; 900 shares of L&T in the name of Parshotam Roy and Jagdish Roy under Folio No. 09475362 and 09478221 (450 shares) and 09478213 (450 shares) respectively; 240 shares of Reliance Industries Limited in the name of Jagdish Roy under folio No. 031205301 and 160 shares of said company lying in the name of Parshotam Roy under Folio No. 050176177; 50 shares of Gujarat Narmada Valley Fertilizers & Chemical Limited in the name of Jagdish Roy under Folio No. 415185 and 0804465; 675 shares of SC/204/2022 Sh. Rajan Roy & Ors. Vs. State & Ors. SRF Limited lying in the name of Jagdish Roy under Folio No. SRF0155411, as per which the same has tentative market value of Rs.1,30,27,851/-, Ex. RW-1/2 (Collectively).
During cross-examination, RW-1 stated that companies Piramal Enterprises Limited (Formerly known as Piramal Healthcare Limited), Piramal Glass Limited, Raymond Limited and Kojam Finvest Limited are not under the RTA of Kfin Technology Limited.
10. RW-2 Ms. Jyoti Singh, Team Member, Link Intime India Pvt. Limited, Jankapuri, New Delhi brought on record the certified copies of letter in respect of 435 shares of M/s. Piramal Enterprises Limited under Folio No. JR00072 having tentative market value of Rs.3,55,000/-; 34 shares of M/s. Raymond Limited under Folio No. 00109310 having tentative market value of Rs.58,000/- and amount of Rs.5,775/- towards the dividend warrant against the shares of M/s. Piramal Glass Private Limited under Folio No. J000361 in the name of Smt. Jagdish Roy, Ex. RW-2/2 (Collectively). RW-2 deposed that as per record, all the shares of Piramal Enterprises Limited and M/s. Raymond Limited were transferred to IEPF Authority. RW-2 was not cross examined despite opportunity.
11. The Court has heard submissions advanced on behalf of the petitioner and has perused the record.
12. It is no longer res integra that succession petitions are SC/204/2022 Sh. Rajan Roy & Ors. Vs. State & Ors. to be decided summarily. Sec. 373 of the Indian Succession Act provides that a succession petition is to be decided in a summary manner and even if court cannot decide the right to the certificate without determining questions of law or fact which may seem to be too complicated and difficult for determination in a summary proceedings, the Court may nevertheless grant a certificate to a person if he appears to be the person having prima facie the best title thereto. Thus U/s. 373 of Indian Succession Act, only prima facie case is to be seen and other questions of law and fact which may be complicated are to be decided by a regular civil court.
13. In the case of Madhvi Amma Bhawani Amma and others Vs. Kunjikutty Pillai Meenakshi Pillai and others, Respondents. AIR 2000 Supreme Court 2301=2000 AIR SCW 2432 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 view, on the one hand, to facilitate the collection of debts due to deceased and prevent their being time barred, 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 debts. The grant of a certificate to a person does not give him an absolute right to the debts nor does it bar a regular suit for adjustment of the claims of the heir inter se".
14. Facts of the case shall be analyzed through the prism of legal position enunciated above.
SC/204/2022 Sh. Rajan Roy & Ors. Vs. State & Ors.
15. From the uncontroverted testimony of PW-1, it stands established that the deceased died intestate. PW-1 categorically stated on oath that petitioners are the only legal heirs of the deceased. Now, succession of a female Hindu dying intestate is determined by Section 15 of the Hindu Succession Act, 1956. As per Section 15(1)(a) of the enactment, when a female Hindu dies intestate, her property is to devolve upon her husband and children, including the children of any predeceased son or daughter, to the exclusion of all other legal heirs. P2W-1 categorically stated that husband of the deceased predeceased the deceased. Thus, after the death of deceased Jagdish Roy, his property devolved upon her two sons, being Rajan Roy and Raman Roy. However, during the pendency of the petition, her son Sh. Rajan Roy also expired, leaving behind his wife, one son and one daughter. Since he also died intestate, his share in the debts and securities of deceased shall devolve upon his wife and children, petitioners No 1A-1C, as per Section 8 of the Hindu Succession Act, 1956. Petitioners No. 1 A to 1 C are entitled to succeed to 1/6th share each in the debts and securities of deceased, and petitioner no. 2 is entitled to succeed to 1/2 share in the debts and securities of deceased. Petitioners No. 1 A to C have given their no objections to grant of Succession certificate in favour of the petitioner No. 2. As per the petition, deceased used to reside at 15A/32, WEA, Karol Bagh, Delhi, which falls within jurisdiction of this Court.
16. Succession certificate is sought qua the following debts and securities as mentioned in the additional affidavit in evidence:-
SC/204/2022 Sh. Rajan Roy & Ors. Vs. State & Ors.
(1) 240 shares of Reliance Industries Limited under Folio No. 03120530.
(2) 1090 shares of Britannia Industries Limited under Folio No. J000183 (3) 675 shares of SRF Limited under Folio No. SRF0155411.
(4) 435 shares of Piramal Enterprises Limited (Formerly known as Piramal Healthcare Limited) under Folio No. JR72. (5) 25 shares of Gujarat Narmada Valley Fertilizers & Chemicals Limited under New Folio No. 0804465 (Old Folio No. 041518).
(6) 1600 shares of Larsen & Toubro Limited under Folio No. 9475362, 9478221 & 09478213.
(7) 40 shares of Ultratech Cement Limited under Folio No. 09478213.
(8) 40 shares of Ultratech Cement Limited under Folio No. 9478221.
(9) 34 shares of Raymond Limited under Folio No. 00109310.
(10) 21 shares of Piramal Glass Limited under Folio No. 1361.
(11) 900 shares of Larsen & Toubro Limited under Folio No. 09475362.
(12) 160 shares of Reliance Industries Limited under Folio No. 50176177.
SC/204/2022 Sh. Rajan Roy & Ors. Vs. State & Ors.
(13) 2140 shares of Hindustan Lever under Folio No. HLL2943628.
Total value of securities held by deceased is Rs.1,90,66,443.1p/-.
17. In view of the evidence adduced by the petitioners and respondents, the Court is of the considered opinion that there is prima-facie no impediment for grant of Succession Certificate in favour of the petitioner No. 2 in terms of Ex. P2W-1/6, Ex. PW- 1/7 (Collectively), Ex. P2W-1/11, Ex. P2W-1/12, Ex. P2W-1/14, Ex. P2W-1/20, Ex. RW-1/2 (Collectively) having total market value of Rs.1,90,66,443.1p/-. Succession Certificate granted accordingly. Succession certificate be drawn on deposit of requisite court fee of Rs.4,76,661.07p (Rounded off to Rs.4,76,661/-) in terms of Article 12 Schedule 1 of Court Fees Act, 1870, as applicable in Delhi and on furnishing an Indemnity Bond with one surety within 30 days from today.
Petition is accordingly disposed of.
File be consigned to Record Room.
Digitally
signed by
Medha Medha Arya
Date:
Arya 2024.09.12
16:41:48
+0530
Announced in the open (MEDHA ARYA)
court on 11.09.2024 Administrative Civil Judge-cum-
Additional Rent Controller (Central) Delhi.
SC/204/2022 Sh. Rajan Roy & Ors. Vs. State & Ors.