Delhi District Court
Nikhil Sachdeva vs State And Others on 8 September, 2025
IN THE COURT OF ADMINISTRATIVE CIVIL JUDGE-CUM-
CCJ-CUM-ADDITIONAL RENT CONTROLLER, WEST, TIS
HAZARI COURTS, DELHI
Presided over by- Sh. Dev Chaudhary, DJS
Succ. Court -: 96/2025
Unique Case ID -: DLWT030014862025
Section(s) -: 372 of the Indian
Succession Act, 1925
In the matter of -
SH. NIKHIL SACHDEVA (Grand Son)
S/o- Late Sri Anil Kumar Sachdeva
R/o- E-65, Ground Floor and Second Floor,
Surya Enclave, New Multan Nagar,
VTC: Shakur Basti Depot,
District North West,
Delhi-110056
......... Petitioner
VS.
1. STATE, DELHI
2. BRANCH MANAGER
Nippon India Mutual Fund Limited
Office No. 801-806, 810-812,
8th Floor, Prakashdeep Building,
7, Tolstoy Road, Connaught Place,
New Delhi-110001
3. SH. SUMIT SACHDEVA (Grand Son)
S/o- Late Sri Suresh Kumar Sachdeva
R/o- E-65, Surya Enclave, New Multan Nagar,
VTC: Shakur Basti Depot,
District North West,
Delhi-110056
4. SH. KASHISH SACHDEVA (Grand Son)
S/o- Late Sri Suresh Kumar Sachdeva
R/o- E-65, Third Floor,
Succ. Court 96/2025 Nikhil Sachdeva Vs. State and Others Page No. 1 of 10
Digitally
signed by
DEV
DEV CHAUDHARY
CHAUDHARY Date:
2025.09.08
15:08:35
+0530
Surya Enclave, New Multan Nagar,
VTC: Shakur Basti Depot,
District North West,
Delhi-110056
5. MS. LIPIKA MALIK (Grand-Daughter)
D/o- Late Sri Anil Kumar Sachdeva
C/o- Sri Ayush Malik
R/o- A-240, Meera Bagh, Paschim Vihar,
VTC: Sunder Vihar,
Sub District: Punjabi Bagh,
West Delhi, Delhi-110087
6. SMT. JYOTI SACHDEVA (Daughter-in-Law)
W/o- Late Sri Anil Kumar Sachdeva
R/o- E-65, Ground Floor and Second Floor,
Surya Enclave, New Multan Nagar,
VTC: Shakur Basti Depot,
District North West,
Delhi-110056
........ Respondents
1. Name of Petitioner : Sh. Nikhil Sachdeva Late Smt. Kamal Kanta @ Kamal Kanta Sachdeva and Late Sh.
2. Name of Deceased : Ram Sarup Sachdeva @ Sarup Sachdeva @ Ram Swaroop Sachdeva
3. Date of Institution : 11.06.2025
4. Date of Reserving Order : 08.09.2025
5. Date of Decision : 08.09.2025
6. Decision : Allowed Argued by -: Sh. Sandeep Gupta, Ld. Counsel for the petitioner.
JUDGMENT-
1. The present petition has been filed under Section 372 of Succ. Court 96/2025 Nikhil Sachdeva Vs. State and Others Page No. 2 of 10 Digitally signed by DEV DEV CHAUDHARY CHAUDHARY Date:
2025.09.08 15:08:46 +0530 the Indian Succession Act, 1925 (hereinafter, "the Act") by Sh. Nikhil Sachdeva (hereinafter, "petitioner") for grant of succession certificate in his favour in respect of debts and securities left by the deceased Late Smt. Kamal Kanta @ Kamal Kanta Sachdeva and Late Sh. Ram Sarup Sachdeva @ Sarup Sachdeva @ Ram Swaroop Sachdeva, who were his grandparents.
2. Pursuant to filing of the petition, notice of the petition was given to all persons interested in the estate of the deceased, including the general public by way of publication in the newspaper 'Virat Vaibhav' dated 02.08.2025, inviting objections to the grant of succession certificate to the petitioners. However, no one appeared from general public to oppose or contest the petition.
3. The following oral and documentary evidence has been led in this case -
ORAL EVIDENCE Sh. Shashwant Shankar Srivastava RW-2 : (Nippon India Mutual Fund Limited) Sh. Sumit Sachdeva (Respondent RW-3 :
No. 3) Sh. Kashish Sachdeva (Respondent RW-4 :
No. 4) Ms. Lipika Malik (Respondent No. RW-5 :
5)
Smt. Jyoti Sachdeva
RW-6 :
(Respondent No. 6)
PW-1 : Sh. Nikhil Sachdeva (Petitioner)
DOCUMENTARY EVIDENCE
Ex.RW2/A : Authority Letter
Statement of Mutual Funds holdings Ex.RW2/1 : jointly in the name of Smt. Kamal Kanta and Sh. Ramsarup Sachdeva Succ. Court 96/2025 Nikhil Sachdeva Vs. State and Others Page No. 3 of 10 Digitally signed by DEV DEV CHAUDHARY CHAUDHARY Date:
2025.09.08 15:08:55 +0530 Ex.RW2/2 Copy of ID Card for purpose of :
(OSR) identification
Ex.RW3/1 Copy of Aadhar of Respondent No.
:
(OSR) 3 for identification
Ex.RW4/1 Copy of Aadhar of Respondent No.
:
(OSR) 4 for identification
Ex.RW5/1 Copy of Aadhar of Respondent No.
:
(OSR) 5 for identification
Ex.RW6/1 Copy of Aadhar of Respondent No.
:
(OSR) 6 for identification
Copy of Aadhar Card of the
Ex.PW1/1
: petitioner for purpose of
(OSR)
identification
Computer generated copy of Death Ex.PW1/2 : Certificate of deceased Smt. Kamal Kanta Computer generated copy of Death Ex.PW1/3 : Certificate of deceased Sh. Ram Sarup Sachdeva Computer generated copy of Death Certificate of deceased Sh. Suresh Ex.PW1/4 :
Sachdeva (one of the sons of the deceased persons) Computer generated copy of Death Certificate of deceased Sh. Anil Ex.PW1/5 :
Kumar Sachdeva (one of the sons of the deceased persons) Computer generated copy of Death Certificate of deceased Smt. Asha Ex.PW1/6 :
Sachdeva (one of the daughter-in- laws of the deceased persons) Computer generated copy of Ex.PW1/7 : Surviving Member Certificate of deceased Sh. Ram Sarup Sachdeva Computer generated copy of Ex.PW1/8 : Surviving Member Certificate of deceased Smt. Kamal Kanta Computer generated copy of Ex.PW1/9 : Surviving Member Certificate of deceased Sh. Anil Kumar Sachdeva Ex.PW1/10 : Computer generated copy of Succ. Court 96/2025 Nikhil Sachdeva Vs. State and Others Page No. 4 of 10 Digitally signed by DEV DEV CHAUDHARY CHAUDHARY Date:
2025.09.08 15:09:02 +0530 Surviving Member Certificate of deceased Sh. Suresh Sachdeva Computer generated copy of Ex.PW1/11 : Surviving Member Certificate of deceased Smt. Asha Sachdeva Publication in newspaper "Virat Ex.PW1/12 :
Vaibhav" dated 02.08.2025
4. RW2 Sh. Shashwat Shankar Srivastava, Manager, Nippon India Mutual Fund Limited, produced on record the details in respect of Mutual Funds holdings under Folio No. 4161919851 jointly in the name of Smt. Kamal Kanta and Sh. Ramsarup Sachdeva, having amount of Rs.21,01,031.20/- as on 25.07.2025.
5. RW 3 Sh. Sumit Sachdeva is the respondent no. 3, who stated that deceased Late Smt. Kamal Kanta @ Kamal Kanta Sachdeva and Late Sh. Ram Sarup Sachdeva @ Sarup Sachdeva @ Ram Swaroop Sachdeva were his grandparents who expired on 28.09.2010 and 12.01.2007 respectively. He deposed that he has no objection if succession certificate is granted in favour of Sh. Nikhil Sachdeva, who is his cousin (Chachaji's Son) (petitioner herein) in respect of debts and securities of deceased as prayed by the petitioner.
6. RW 4 Sh. Kashish Sachdeva is the respondent no. 4, who stated that deceased Late Smt. Kamal Kanta @ Kamal Kanta Sachdeva and Late Sh. Ram Sarup Sachdeva @ Sarup Sachdeva @ Ram Swaroop Sachdeva were his grandparents who expired on 28.09.2010 and 12.01.2007 respectively. He deposed that he has no objection if succession certificate is granted in favour of Sh. Nikhil Sachdeva, who is his cousin (son of Chachaji) (petitioner herein) in respect of debts and securities of deceased as prayed by the petitioner.
Succ. Court 96/2025 Nikhil Sachdeva Vs. State and Others Page No. 5 of 10
Digitally
signed by
DEV
DEV CHAUDHARY
CHAUDHARY Date:
2025.09.08
15:09:10
+0530
7. RW5 Ms. Lipika Malik is the respondent no. 5, who stated that deceased Late Smt. Kamal Kanta @ Kamal Kanta Sachdeva and Late Sh. Ram Sarup Sachdeva @ Sarup Sachdeva @ Ram Swaroop Sachdeva were her grandparents who expired on 28.09.2010 and 12.01.2007 respectively. She deposed that she has no objection if succession certificate is granted in favour of Sh. Nikhil Sachdeva, who is my real brother (petitioner herein) in respect of debts and securities of deceased as prayed by the petitioner.
8. RW6 Smt. Jyoti Sachdeva is the respondent no. 6, who stated that deceased Late Smt. Kamal Kanta @ Kamal Kanta Sachdeva and Late Sh. Ram Sarup Sachdeva @ Sarup Sachdeva @ Ram Swaroop Sachdeva were her mother-in-law and father-in-law who expired on 28.09.2010 and 12.01.2007 respectively. She deposed that she has no objection if succession certificate is granted in favour of Sh. Nikhil Sachdeva, who is my son (petitioner herein) in respect of debts and securities of deceased as prayed by the petitioner.
9. PW1 Sh. Nikhil Sachdeva is the petitioner, who stated that he is one of the grandchildren of deceased Late Smt. Kamal Kanta @ Kamal Kanta Sachdeva and Late Sh. Ram Sarup Sachdeva @ Sarup Sachdeva @ Ram Swaroop Sachdeva who expired on 28.09.2010 and 12.01.2007 respectively. He deposed that deceased Late Smt. Kamal Kanta @ Kamal Kanta Sachdeva and Late Sh. Ram Sarup Sachdeva @ Sarup Sachdeva @ Ram Swaroop Sachdeva has left behind himself and respondents no. 3 to 6 as the only surviving Class-I legal heirs. He deposed that the sons of the deceased namely Sh. Anil Kumar Sachdeva and Sh. Suresh Sachdeva have already expired. He further deposed that one of the daughter-in-laws of the Succ. Court 96/2025 Nikhil Sachdeva Vs. State and Others Page No. 6 of 10 Digitally signed by DEV DEV CHAUDHARY CHAUDHARY Date:
2025.09.08 15:09:20 +0530 deceased namely Smt. Asha Sachdeva has also expired. He deposed that there is no other Class-I legal heirs except as stated above. He further deposed that deceased Late Smt. Kamal Kanta @ Kamal Kanta Sachdeva and Late Sh. Ram Sarup Sachdeva @ Sarup Sachdeva @ Ram Swaroop Sachdeva had not executed any Will during their life times.
10. I have heard the arguments of the learned counsel for the petitioner and have given my thorough consideration to the material on record.
11. Part X of the Indian Succession Act, 1925 deals with the issuance of succession certificates. On bare perusal of the provisions of Part X of the Act, the following conditions are required to be satisfied before a succession certificate can be issued -
A. The certificate can only be issued qua debt or securities, and debts due to the deceased creditor or in respect of portions thereof, and not where the right is required to be established by letters of administration or probate, B. The certificate can be granted by a Court within whose jurisdiction the deceased ordinarily resided at the time of his/her death or if he/she had no fixed place of residence, within whose jurisdiction any part of the property of the deceased may be found, C. The application for grant of certificate has been filed in accordance with Section 372 of the Act, and notice of the application is to be given in terms of Section 373 of the Act, Succ. Court 96/2025 Nikhil Sachdeva Vs. State and Others Page No. 7 of 10 Digitally signed by DEV DEV CHAUDHARY CHAUDHARY Date:
2025.09.08 15:09:28 +0530 D. The grantee of the certificate furnishes bond with surety or sureties, if directed by the Court, in terms of Section 375 of the Act, and also furnishes Court fee as per Section 379 of the Act.
In case the above-mentioned conditions are fulfilled, a succession certificate can be issued by the Court, which shall have effect throughout India, as per Section 380 of the Act. It has been held by the Hon'ble Supreme Court in Madhvi Amma Bhawani vs. Kunjikutty Pillai Meenakshi Pillai AIR 2000 SC 2301 that grant of certificate is only a determination of prima facie title and in such cases, the Court is to not determine finally as to who has the best right to estate. Only a summary enquiry into the right to the certificate is contemplated by the Act. It is in this light that the present petition is to be decided.
12. Considering the facts and circumstances of the case, the evidence and other material on record, and the arguments addressed, it is clear that the petitioner/Sh. Nikhil Sachdeva is the grandson of the deceased Late Smt. Kamal Kanta @ Kamal Kanta Sachdeva and Late Sh. Ram Sarup Sachdeva @ Sarup Sachdeva @ Ram Swaroop Sachdeva, who expired on 28.09.2010 and 12.01.2007 respectively. At the time of death of the deceased, the place of residence of the deceased was E-65, Surya Enclave, Multan Nagar, Delhi, i.e. within jurisdiction of this Court. The petitioner is Class I heir of the deceased and the grandchildren and daughter-in-law of the deceased have already given a no-objection to grant of certificate in favour of the petitioner. No objections have been received by any other person, and public at large. Issuance of certificate is sought only qua debt and securities, the details of which have been tendered into evidence and Succ. Court 96/2025 Nikhil Sachdeva Vs. State and Others Page No. 8 of 10 Digitally signed by DEV DEV CHAUDHARY CHAUDHARY Date:
2025.09.08 15:09:37 +0530 there is no bar under Section 370 of Indian Succession Act, 1925 for the grant of succession certificate in favour of the petitioner Sh. Nikhil Sachdeva.
13. Accordingly, in view of the above, the petitioner/Sh. Nikhil Sachdeva is entitled to grant of succession certificate under Section 372 of Indian Succession Act, 1925 in respect of the following debts and securities of the deceased Late Smt. Kamal Kanta @ Kamal Kanta Sachdeva and Late Sh. Ram Sarup Sachdeva @ Sarup Sachdeva @ Ram Swaroop Sachdeva -
Sr. Details of account Amount (In Rs.) No.
1. Mutual Funds holdings under Folio No. 21,01,031.20/-
4161919851, having 500 units of NAV of Rs.4,202.0624/- under Nippon India Growth (as per statement of Mid Cap Fund-Growth Plan Growth Option RW-2/Sh. Shashwat (GFGPG) jointly in the name of Smt. Kamal Shankar Srivastava and Kanta and Sh. Ramsarup Sachdeva (Nippon as on 25.07.2025) India Mutual Fund Limited) The issuance of the succession certificate is subject to the payment of Court fees as per Article 12 of Schedule I of the Court Fees Act, along with the furnishing of an indemnity bond with one surety.
14. The succession certificate shall be considered only as an entitlement of the petitioner to receive the shares (with interest / dividend, as applicable and also the right to negotiate/transfer the said securities as per law) due towards the deceased as referred above. The concerned official shall be competent to seek compliance of formalities, if any, to be fulfilled for the said purpose.
15. The present petition is disposed of accordingly. On compliance of the above-mentioned terms and conditions, Succession Succ. Court 96/2025 Nikhil Sachdeva Vs. State and Others Page No. 9 of 10 Digitally signed by DEV DEV CHAUDHARY CHAUDHARY Date:
2025.09.08 15:09:45 +0530 Certificate be issued in terms of this judgment, and file be consigned to record room after necessary compliance.
Digitally
signed by
DEV
DEV CHAUDHARY
Announced in Open (DEV CHAUDHARY) CHAUDHARY Date:
2025.09.08
Court. 15:09:53
This judgment
ACJ/CCJ/ARC(WEST) +0530
contains 10 signed TIS HAZARI COURTS
pages. DELHI/ 08.09.2025
Succ. Court 96/2025 Nikhil Sachdeva Vs. State and Others Page No. 10 of 10