Delhi District Court
Devender Bansal vs The State And Ors on 8 November, 2024
IN THE COURT OF MS. CHARU ASIWAL
ACJ-cum-CCJ-cum-ARC, SHAHDARA
KARKARDOOMA COURTS, DELHI
CNR No. DLSH030003972024
Succession Court 27/2024
Devender Bansal
S/o Late Sh. Nand Kishor Bansal
R/o: H.No. 144, Gali No. 9,
Village Karkardooma, Delhi-110092.
..........Petitioner
Versus
1. State (Govt. of NCT of Delhi)
Through
S.D.M. (Vivek Vihar)
Nand Nagri, Delhi-110093
2. Branch Manager,
Life Insurance Corporation of India,
Branch No. 118
Office At:-
25, First Floor,
Jeevan Prakashal Building
K.G. Marg, New Delhi-110001.
3. Rajender Bansal
SC No. 27/2024 Devender Bansal Vs. The State And Ors. pg. no. 1/6
S/o Late Sh. Nand Kishor Bansal
R/o: H.No. 144, Gali No. 9,
Village Karkardooma, Delhi-110092.
4. Yogesh Bansal
S/o Late Sh. Nand Kishor Bansal
R/o: H.No. 144, Gali No. 9,
Village Karkardooma, Delhi-110092.
......Respondents
PETITION FOR GRANT OF SUCCESSION CERTIFICATE
UNDER SECTION 372 OF THE INDIAN SUCCESSION ACT,
1925
Date of Institution : 06.03.2024
Judgment reserved on : 08.11.2024
Judgment pronounced on : 08.11.2024
JUDGMENT
08.11.2024
1. Petition Allowed.
2. Vide the present petition, succession certificate is sought by the petitioner in respect of debts and securities in the name of deceased Ms. Vidhya Devi, sister of petitioner.
3. In the petition, it is inter alia pleaded that the petitioner is one of the legal heirs of the deceased Ms. Vidhya Devi and the deceased was ordinarily residing at H.No. 144, Gali SC No. 27/2024 Devender Bansal Vs. The State And Ors. pg. no. 2/6 No. 9, Village Karkardooma, Delhi-110092, within the territorial jurisdiction of this Court and there is no legal impediment in the grant of succession certificate in favour of the petitioner.
4. Perusal of the record reveals that the notice of this petition was given to the general public by way of publication in the newspaper 'Virat Vaibhav' on 16.03.2024. In response to the notice, no person from the general public came forward to raise any objection to grant of succession certificate in favour of the petitioner.
5. During the summary proceedings conducted as per Section 373 of the Indian Succession Act, 1925, 05 persons were examined.
6. PW1 Sh. Devender Bansal filed his evidence by way of affidavit Ex. PW1/1 wherein he reiterated the contents of the petition and relied upon the following documents being:-
i) Aadhar Card of PW1 : Ex. PW1/2 (OSR)
ii) Death certificate of deceased Ms. Vidhya Devi : Ex. PW1/3
iii) Death certificate of nominee Sh. Nand Kishor : Ex. PW1/4
iv) LIC certificate in the name of SC No. 27/2024 Devender Bansal Vs. The State And Ors. pg. no. 3/6 deceased Ms. Vidhya Devi : Ex. PW1/5 (OSR)
7. RW1 Sh. Praveen Singh, Patwari, SDM Office, Vivek Vihar, District Shahdara, Delhi, appeared on behalf of respondent no. 1 and filed a report regarding the legal heirs of deceased Ms. Vidhya Devi, D/o Late Sh. Nand Kishore, who expired on 19.11.2020. As per the report, the deceased left behind after her death 03 legal heirs namely Devendra Bansal (brother) / petitioner, Rajendra Bansal (brother) & Yogesh Bansal (brother). Report of Ld. SDM, Vivek Vihar, Distt. Shahdara, Delhi Ex. RW1/1 (Colly.) and copy of his ID proof Ex. RW1/2 (OSR).
8. RW2 Mr. Jayraj Prasad, HGA, LIC, Branch 11-J, 25, KG Marg, Delhi-110001 appeared on behalf of respondent no.
2. He brought the details regarding Policy No. 118033150, having amount payable under the policy is Rs. 2,39,400/-, in the name of deceased Ms. Vidhya Devi. Late Sh. Nand Kishore was the nominee in the said policy. The details of the abovesaid policy Ex. RW2/A (Colly.) & copy of his ID proof Ex. RW2/B (OSR).
9. RW3 Sh. Rajender Bansal & RW4 Sh. Yogesh Bansal deposed that they are brothers of deceased Ms. Vidhya Devi. They had no objection if succession certificate is issued by this Court in favor of the petitioner qua debts and securities in the name of the deceased Ms. Vidhya Devi.
SC No. 27/2024 Devender Bansal Vs. The State And Ors. pg. no. 4/6 Their affidavits / NOCs in this regard Ex. RW3/A, Ex. RW4/A & copies of their ID proofs Ex. RW3/B (OSR) & Ex. RW4/B (OSR) respectively.
10. During the course of final arguments, Ld. Counsel for the petitioner referred to the testimonies of the witnesses examined and submitted that the material on record was sufficient to conclude that the petitioner is one of the surviving legal heir of the deceased and that there is no impediment in grant of succession certificate in favour of petitioner.
11. Heard. Record perused.
12. The testimonies of the witnesses examined prove that Ms. Vidhya Devi passed away on 19.11.2020. On such date, as per Section 15 of Hindu Succession Act, 1956 ('Act'), petitioner, respondents no. 3 & 4 are the legal heirs of the deceased. Respondents no. 3 & 4 have already given their NOCs in favour of the petitioner. No one else has come forward to oppose this succession petition as well despite publication in newspaper.
13. In light of the aforesaid facts and circumstances and on the basis of the material placed on record, this Court is of the view that the present petition is liable to be favourably considered. Thus, the present petition qua the grant of SC No. 27/2024 Devender Bansal Vs. The State And Ors. pg. no. 5/6 succession certificate in respect of LIC Policy No. 118033150, having amount payable under the policy is Rs. 2,39,400/-, in the name of Late Ms. Vidhya Devi is hereby allowed.
14. Accordingly, succession certificate be issued in favour of the petitioner. Succession certificate be drawn on deposit of court fees of Rs. 5,985/- in terms of Article 12 Schedule 1 of Court Fees Act, 1870 as applicable in Delhi & on furnishing an Indemnity Bond with one surety each within 30 days from today.
15. File be consigned to Record Room after necessary compliance.
Digitally signed by CHARU Announced in the open Court CHARU ASIWAL ASIWAL Date:
on 08.11.2024 2024.11.08
16:35:09
+0530
(Charu Asiwal)
ACJ/CCJ/ARC/Shahdara
KKD Courts/Delhi
08.11.2024
SC No. 27/2024 Devender Bansal Vs. The State And Ors. pg. no. 6/6