Delhi District Court
Virender Singh vs (1)State Of Nct Of Delhi on 7 April, 2015
IN THE COURT OF SH. PRASHANT SHARMA, LD.
ACJ/ARC/CCJ,NEW DELHI DISTRICT, PATIALA HOUSE COURTS,
NEW DELHI.
SUCCESSION CASE NO. 83/14
UID No. 02403C0198952014
Virender Singh ... Petitioner
S/o. Govind Singh Rawat,
Brother of Late Sh. Surender Singh and
Brother in law of Late Smt. Soni Rawat,
R/o Qr. No. 23, Sector9, R.K. Puram,
New Delhi110022.
Versus
(1)State of NCT of Delhi ... Respondents
(2)Durga Rawat,
W/o. Sh. Govind Singh Rawat,
Mother of Late Sh. Surender Singh,
R/o Qr. No. 23, Sector9, R.K. Puram,
New Delhi110022.
(3)Sushila Rauthan,
W/o. Sh. K.S. Rauthan,
Sister of Late Sh. Surender Singh,
R/o. Qr. No. 869, Sector9,
R.K.Puram, New Delhi110022.
(4)Anita Negi,
W/o. Sh. Chander Mohan Singh Negi,
Sister of Late Sh. Surender Singh,
R/o Qr. No. 841, Sector5, R.K. Puram,
New Delhi110022.
SC No. 83/14 Virender Singh Vs. The State & Ors Page no. 1
(5)Ajit Pal Singh
S/o. Late Sh. Bhagwan Singh,
Brother of Late Smt. Soni Rawati,
R/o. C1852, Ansal, Palam Vihar,
Gurgaon, Haryana.
Presently and also at:
Chiba Ken Sakura Shi,
Oosakidai 1296,
Domeer SakuraC 101 Japan.
(6)Nitu Singh,
W/o. Sh. Satish Singh Rawat,
Sister of Late Smt. Soni Rawat,
R/o. C1852, Ansal Palam Vihar,
Gurgaon, Haryana.
Presently and also at:
590, Farrington Street,
Tracy, CA 95391, USA.
(7)Chief Executive Officer/
General Manager/Manager,
Punjab National Bank,
74, Janpath,
New Delhi110001.
(8)Chief Executive Officer/
General Manager/Manager,
Allahabad Bank,
(163), 17, Parliament Street,
Allahabad Bank Building,
New Delhi.
(9)Chief Executive Officer/
General Manager/Manager,
L.I.C. of India,
D.R. Chamber 12/56
Desh Bandhu Gupta Road, Karol Bagh, Delhi.
SC No. 83/14 Virender Singh Vs. The State & Ors Page no. 2
(10)Chairman/Chief Executive Officer
General Manager/Manager
M/s. Alankit Assignments Ltd.
1E/13, Ground Floor,
Jhandewalan Extension,
New Delhi110055.
(11)The Motor Licensing Officer (M.L.O.)
Transport Department,
Registering Authority,
Palam, South West Zone,
Sec10, Dwarka,
New Delhi.
(12)The Motor Licensing Officer (M.L.O.)
Transport Department,
Registering Authority,
Tilak Marg, New Delhi District,
I.P. Depot,
New Delhi.
PETITION FOR GRANT OF SUCCESSION CERTIFICATE UNDER
SECTION 372 OF THE INDIAN SUCCESSION ACT, 1925.
Date of institution of the petition : 10.11.2014.
Date on which judgment was reserved : 07.04.2015
Date of pronouncement of judgment : 07.04.2015
JUDGMENT
1. Petitioner Virender Singh has applied for succession certificate under the Indian Succession Act, 1925 in respect of debts and securities i.e. amount of Rs. 1,30,000/ of Policy No. 123619008 lying in Branch Unit 11K, 12/56 DB Gupta Road, Karol Bagh, New Delhi110005, amount of Rs. 5,22,494/ of SC No. 83/14 Virender Singh Vs. The State & Ors Page no. 3 FD No. 013100DP00004601 and amount of Rs. 1,84,607.09/ of Account No. 0131001300000234 both lying in Punjab National Bank, 74, Janpath, New Delhi110001, amount of Rs. 30,335.15/ of Account No. 11062206 lying in Alankit Assignments Ltd, 1E/13, Ground Floor, Jhandewalan Extension, New Delhi110055, amount of Rs. 1,72,223.63/ of Account No. 20015844177, amount of Rs. 7,81,566/ of Account No. 50100672921, amount of Rs. 2,78,185/ of Account No. 50000354956, amount of Rs. 2,78,185/ of Account No. 50000354945, amount of Rs. 3,91,806/ of Account No. 50076758601, amount of Rs. 3,88,924/ of Account No. 500001374643, amount of Rs. 9,00,000/ of gold articles lying in Locker No. 222, all lying in Allahabad Bank, 17, Parliament Street, Allahabad Bank Building, New Delhi along with value of Rs. 10,000/ of bike make Yamaha RX 100, registered in the name of Somi Singh and value of Rs. 1,00,000/ of Car Alto LXI BS 3, registered in the name of Surender Singh. Totaling of aforesaid amount comes to Rs. 41,68,325.87/.
2. The succession petition was filed and assigned to this court on 10.11.2014. Subsequently, besides service of notice of petition upon respondents, this Court also directed for publication of notice of succession petition in the daily newspaper "Statesman" having circulation in the National Capital Territory of Delhi for inviting objection, if any, from general public. Notice of filing of succession petition was accordingly published in daily newspaper "Statesman" in its issue dated 28.11.2014 but till date no objection to the grant of succession certificate in favour of Petitioner was received from general public.
SC No. 83/14 Virender Singh Vs. The State & Ors Page no. 4
3. Petitioner examined himself by tendering his evidence by way of affidavit marked as Ex.P1. He reiterated the contents of his petition, already mentioned by me in my preceding paragraphs in his affidavit. Same are not repeated here for the sake of brevity. He also referred to documents viz. copy of death certificate of Surender Singh Ex.PW1/A, copy of Death certificate of Soni Rawat Ex.PW1/B, copy of Death certificate of Pooja Ex.PW1/C, copy of Death certificate of Divya Ex.PW1/D, copy of Death certificate of Jai Aditaya Ex.PW1/E, copy of passport of Surender Singh Ex.PW1/F, copy of passport of Soni Rawat Ex.PW1/G, copy of passport of Pooja Rawat Ex.PW1/H, copy of passport of Divya Rawat Ex.PW1/I, copy of passport of Jaiaditya Ex.PW1/J, Aadhar of Virender Singh Ex.PW1/K and Ration Card Ex.PW1/L.
4. During petitioner's evidence, Advocate Sh. D.R. Jain from Allhabad bank, L.K. Garg officer from LIC, C.P. Joshi Senior Executive from Alankit Assignment Ltd, Raj Singh from Dwarka Authority, Asha Ram from RTO, I.P. Extension New Delhi, N.K. Kandhari from PNB, Janpath, New Delhi, appeared and they have filed details pertaining to terminal benefits of deceased in question, which are on record.
5. SDM concerned filed verification report regarding verification of address of petitioner and LR's of deceased in question, which is mark C.
6. During petitioner's evidence, statement of RW2 Durga Rawat, RW3 Sushila Rawat, RW4 Anita Negi and RW5 Karam Singh Rauthan on behalf SC No. 83/14 Virender Singh Vs. The State & Ors Page no. 5 of respondents namely Ajit Pal Singh and Nitu Singh were recorded in which they have stated that they have no objection qua the claim of Petitioner. Subsequently petitioner's evidence stands closed.
7. After closure of petitioner's evidence, matter was fixed for judgment, after final arguments were heard by this Court.
8. Before deciding the present petition, it is noteworthy to mention here the relevant provision of law.
9. Section 373 subsection (3) of the Indian Succession Act, 1925 provides: 'If the Judge cannot decide the right to the certificate without determining questions of law or fact which seem to be too intricate and difficult for determination in a summary proceedings, he may nevertheless grant a certificate to the Petitioner if he appears to be the person having prima facie the best title thereto.'
10. From the averments made in the petition filed under section 372 of the Indian Succession Act, 1925 and the statements of respondents, there is no objection to the grant of succession certificate in respect of Petitioner with regard toamount of Rs. 1,30,000/ of Policy No. 123619008 lying in Branch Unit 11K, 12/56 DB Gupta Road, Karol Bagh, New Delhi110005, amount of Rs. 5,22,494/ of FD No. 013100DP00004601 and amount of Rs. 1,84,607.09/ of Account No. 0131001300000234 both lying in Punjab National Bank, 74, Janpath, New Delhi110001, amount of Rs. 30,335.15/ of Account No. 11062206 lying in Alankit Assignments Ltd, 1E/13, Ground Floor, SC No. 83/14 Virender Singh Vs. The State & Ors Page no. 6 Jhandewalan Extension, New Delhi110055, amount of Rs. 1,72,223.63/ of Account No. 20015844177, amount of Rs. 7,81,566/ of Account No. 50100672921, amount of Rs. 2,78,185/ of Account No. 50000354956, amount of Rs. 2,78,185/ of Account No. 50000354945, amount of Rs. 3,91,806/ of Account No. 50076758601, amount of Rs. 3,88,924/ of Account No. 500001374643, amount of Rs. 9,00,000/ of gold articles lying in Locker No. 222, all lying in Allahabad Bank, 17, Parliament Street, Allahabad Bank Building, New Delhi along with value of Rs. 10,000/ of bike make Yamaha RX 100, registered in the name of Somi Singh and value of Rs. 1,00,000/ of Car Alto LXI BS 3, registered in the name of Surender Singh. Totaling of aforesaid amount comes to Rs. 41,68,325.87/.
11. Respondents/general public/legal representatives of deceased in question did not raise any objection pertaining to present application, despite publication in newspaper.
12. Petitioner is a resident of New Delhi and therefore within the territorial jurisdiction of this Court. So this petition was filed within proper jurisdiction. Petitioner has made proper parties and has not left any relevant party. Petitioner has claimed the securities on the basis of official record, which is placed on record. Averments made by Petitioner were corroborated by the official record and not disputed by any of the respondents. No public person had raised any objection to the claim of petitioner.
13. From the avernments made in the petition and evidence before me, I find that there is no legal embargo for issuance of succession certificate in SC No. 83/14 Virender Singh Vs. The State & Ors Page no. 7 favour of the Petitioner, who is one of legal heir of deceased in question, pertaining to aforesaid amount of Rs. 41,68,325.87/.
14. Accordingly, petition is allowed and succession certificate be issued to Petitioner Virender Singh, S/o. Govind Singh Rawat, on filing of requisite court fees of Rs. 104208.15p/ only in terms of Article 12, Schedule I of the Court Fee Act 1870 as applicable to Delhi alongwith indemnity bond in the sum of Rs. 41,68,325.87/ with one surety in the like amount. Subject to necessary formalities petitioner is further entitle to get bike make Yamaha RX 100 registered in the name of Somi Singh and Car Alto LXI BS 3 registered in the name of Surender Singh, Aforesaid securities can be utilized by petitioner, as per rules. transferred in his name, as per rules. Case file be consigned to record room after due compliance.
(PRASHANT SHARMA)
Announced in the open court ARC/ACJ/CCJ: New Delhi
on 07.04.2015 Patiala House Courts/07.04.2015
SC No. 83/14 Virender Singh Vs. The State & Ors Page no. 8
Virener Singh VS. State & Ors.
SC NO. 83/14
07.04.2015
Present: Petitioner in person with counsel.
Sh. D.R. Jain counsel for Allahabad Bank. He has filed necessary report. Same is taken on record. Rest of the formalities have been completed in this case. At request of petitioner, Petitioner's evidence stands closed. Final arguments heard.
Put up for order/judgement at 4.00 pm today itself.
(PRASHANT SHARMA)
ARC/ACJ/CCJ: New Delhi
Patiala House Courts/07.04.2015
It is 4.00 pm.
Present: Petitioner in person with counsel.
Vide my judgment of even date, present petition for issuance of succession certificate is allowed.
File be consigned to record room after necessary compliance.
(PRASHANT SHARMA) ARC/ACJ/CCJ: New Delhi Patiala House Courts/07.04.2015 SC No. 83/14 Virender Singh Vs. The State & Ors Page no. 9