Delhi District Court
Sushila Choudhari vs . State & Ors. on 28 September, 2021
IN THE COURT OF SHEETAL CHAUDHARY PRADHAN
Administrative Civil Judge - Commercial Civil Judge
Additional Rent Controller
SouthEast, Saket Courts, Delhi
SC No.18/2020
Sushila Choudhari Vs. State & Ors.
Smt. Sushila Choudhari
W/o Late Sh. Bharat Choudhari,
R/o A12, 1st Floor, Geetanjali Enclave,
Malviya Nagar,
New Delhi110017.
.... Petitioner
Versus
1. State of NCT of Delhi
Through:
SDM, Kalkaji
District: SouthEast, Delhi
Office address:
Plot No.37, Institutional Area,
Tughlakabad, Near Batra Hospital
New Delhi110062.
2. Smt. Radhika Jain
W/o Abhishek Jain
D/o Late Sh. Bharat Choudhari
Residing at:
House No. B7/3, WELCOMGROUP CGHS,
Plot No.6, Sector3, NSIT Dwarka,
New Delhi110078.
3. Smt. Puja Ajay Dugar
W/o Sh. Ajay Dugar
D/o Late Sh. Bharat Choudhari
_____________________________________________________________________________________
SC No.18/2020
Sushila Choudhari Vs. State & Ors.
Page no. 1 of 6
Through her Attorney:
Smt. Radhika Jain
W/o Abhishek Jain
Residing at:
House No. B7/3,
WELCOMGROUP CGHS,
Plot No.6, Sector3,
NSIT Dwarka,
New Delhi110078.
4. Sh. Udit Choudhari
S/o Late Sh. Bharat Choudhari
Through his Attorney:
Smt. Radhika Jain
W/o Abhishek Jain
Residing at:
House No. B7/3,
WELCOMGROUP CGHS,
Plot No.6, Sector3, NSIT Dwarka,
New Delhi110078.
.... Respondents
PETITION FOR GRANT OF SUCCESSION CERTIFICATE
UNDER SECTION 372 OF THE INDIAN SUCCESSION ACT,
1925
Date of Institution of Petition : 22.01.2020
Date of Judgment : 28.09.2021
Decision : Petition Allowed
JUDGMENT
1. This Judgment shall dispose off a petition filed by petitioner for grant of succession certificate in her favour qua the _____________________________________________________________________________________ SC No.18/2020 Sushila Choudhari Vs. State & Ors.
Page no. 2 of 6 Shares and Securities in the name of her husband late Sh. Bharat Choudhari with UFLEX Ltd. and KEI Industries Ltd. in the form of share holdings.
2. In the petition, it is interalia pleaded that late Sh. Bharat Choudhari was husband of petitioner who passed away on 21.10.2005. It is pleaded that at the time of his death, he was ordinarily residing within the territorial jurisdiction of this Court. It is pleaded that deceased left behind wife, his two daughters and one son as the only ClassI legal heirs.
3. The record of the Court file reflects that the general notice of this petition was given to public by way of publication in the newspaper 'Veer Arjun' on 13.01.2021. In response to the notice, no person from the general public came forward to offer any objection(s) qua grant of succession certificate to the petitioner.
4. During the summary proceedings conducted as per Section 373 of the Indian Succession Act, 1925, 02 witnesses were examined.
5. PW1 Smt. Sushila Choudhary who relied upon the document Ex.PW1/1 (death certificate of Late Sh. Bharat Choudhari), Ex. PW1/2(OSR) letter dated 18.04.2019 issued by Beetal Financial Computer Services, Ex.PW1/3 (OSR) (original share certificate no.6515153, 0121088, 0121089, 021776869 & 0378383 in Folio No. _____________________________________________________________________________________ SC No.18/2020 Sushila Choudhari Vs. State & Ors.
Page no. 3 of 6 0011063 in Flex Industries Ltd. (Now known as Uflex Limited), Ex.PW1/4 (OSR) letter dated 30.04.2019 issued by MAS Services Limited, Ex. PW1/5(OSR) original share certificate no. 224 in Folio No. KE10001349 of KEI Industries Limited in the name of deceased, Ex. PW1/5 (OSR); Ex. PW1/6 (OSR) (Copy of Aadhaar Card), Mark A (Share price of Uflex Limited as depicted on National Stock Exchange on 08.01.2020) and Mark B (Copy of Share price of KEI Industries Limited as depicted on National Stock Exchange on 08.01.2020 is Mark B). During her statement recorded on 07.11.2020 she tendered affidavit for declaration of legal heir of late sh. Bharat Choudhari which was Ex.PW1/A. She further deposed that apart from herself, Radhika Jain, Puja Ajay Dugar and Udit Choudhari no other perons is legal heirs of the deceased.
6. I have perused the record and the testimonies of all the witnesses. I have also gone through the record.
7. Perusal of legal heir affidavit of deceased Ex.PW1/A shows that petitioner, respondent no.2, respondent no.3 and respondent no.4 are jointly legal heir of late Sh. Bharat Choudhari. Further, no one came forward to oppose issuance of succession certificate despite publication in newspaper.
8. In view of legal heirs report and since no objection was given by respondent no.2 (on her behalf and on behalf of respondent no.3 & 4), in favour of petitioner, it is hereby ordered that succession certificate be issued in favour of petitioner namely Smt. Sushila Choudhari for UFLEX Ltd. and KEI Industries Ltd. in the form of _____________________________________________________________________________________ SC No.18/2020 Sushila Choudhari Vs. State & Ors.
Page no. 4 of 6 share holdings of late Sh. Bharat Choudhari which are as follows:
a. Name of Company: UFLEX LIMITED M107, Greater KailashII, New Dehi110048. Folio Number: 0011063 Certificate Nos.: 6515153, 0121088, 0378383, 0121089, 021776869 Number of Share: 280 Value per Share: Rs. 207/ Total present value of all shares held: 280 X Rs.207/ = Rs. 57,960/ b. Name of the Company: KEI INDUSTRIES LIMITED.
D90, Okhla Industiral Area, PhaseI, New Delhi 110020.
Folio Number: KE10001349 Certificate Nos.: 224 Distinctive Nos.: 232001 233000 No. of Shares: 1000 Present value per Share: Rs.488.50/ Value of all shares held: 1000 X Rs.488.50/ = Rs.4,88,500/
9. The succession certificate shall be considered only as an entitlement of the petitioner to collect the amount (with interest / dividend, as applicable and also the right to negotiate the said securities as per law) due towards the aforesaid deceased. The succession certificate shall not be considered as a direction to the concerned authorities to transfer the aforesaid amount to petitioner. The concerned authorities shall be competent to seek compliance of formalities, if any, to be fulfilled for the said purpose, as per law.
10. Upon filing of requisite Court fees of Rs.10,929.20 and _____________________________________________________________________________________ SC No.18/2020 Sushila Choudhari Vs. State & Ors.
Page no. 5 of 6 indemnity bond with surety by petitioner, succession certificate be issued.
11. File be consigned to Record Room after due compliance as per law. Digitally signed by SHEETAL SHEETAL CHAUDHARY CHAUDHARY Date: 2021.09.28 Announced in open Court 14:40:10 +0530 on 28th September, 2021 (Sheetal Chaudhary Pradhan) ACJcumCCJcumARC (South East) Saket Courts, New Delhi _____________________________________________________________________________________ SC No.18/2020 Sushila Choudhari Vs. State & Ors.
Page no. 6 of 6