Delhi District Court
Sh. Vinod Magotra vs State on 5 November, 2014
IN THE COURT OF SUMEDH KUMAR SETHI, ACJ/CCJ/ARC(WEST),
TIS HAZARI, DELHI
SC No.: 140/2013
Date of Institution : 31.10.2013
Date of decision : 05.11.2014
SH. VINOD MAGOTRA
S/o Late Sh. Puran Chand Magotra
R/o 130, State Bank Nagar,
Outer Ring Road, Paschim Vihar,
New Delhi110063. ... Petitioner
Versus
1. STATE
(Govt. of NCT Delhi)
2. SH. ASHOK KUMAR MAGOTRA
S/o Late Sh. Puran Chand Magotra
R/o H22, Sacret Heart Town, Wanawadi,
Pune411040.
3. SH. VIJAY MAGOTRA
S/o Late Sh. Puran Chand Magotra
130, State Bank Nagar,
Outer Ring Road, Paschim Vihar,
New Delhi110063.
4. SMT. VEENA GOSAIN
D/o Late Sh. Puran Chand Magotra
W/o Sh. Deepak Gosain
R/o 52 FF, MBlock,
Vikas Puri, Delhi.
5. SMT. USHA RANI
D/o Late Sh. Puran Chand Magotra
W/o Sh. Ramesh Chand
R/o H. No. 1149, Mohalla - Sadak Rel,
Tehsil - Deoband,
Distt. Saharanpur (U.P.). ... Respondents
SC No. 140/2013 Page 1 of 6
J U D G M E N T
1. The succession petition is filed by Sh. Vinod Magotra for grant of succession certificate in respect of debts and securities of deceased Sh. Puran Chand Magotra and Smt. Nirmala Magotra who died on 04.08.2009 and 28.07.2012 respectively. As per the petition, deceased have left behind their three sons namely Sh. Vinod Magotra Sh. Ashok Kumar Magotra, Sh. Vijay Magotra and two daughters namely Smt. Veena Gosain and Smt. Usha Rani only as classI legal heirs.
2. After filing the petition, notice of the petition was given to the general public by publication in the newspaper 'Vande Matram' dated 23.09.2014 but none appeared from general public to oppose or contest the petition.
3. Statement of petitioner Sh. Vinod Magotra was recorded on 25.08.2014 wherein he stated that the deceased Sh. Puran Chand Magotra and Smt. Nirmala Wati were his father and mother who expired on 04.08.2009 and 28.07.2012 respectively. Their original death certificates are Ex.PW1/1 and Ex.PW1/2. The deceased has left behind himself, their two other sons namely Sh. Ashok Kumar Magotra, Sh. Vijay Magotra and two daughters namely Smt. Veena Gosain and Smt. Usha Rani only as classI legal heirs. Parents of deceased Sh. Puran Chand also expired long back. There is no other LR except as stated above left behind by deceased persons. Deceased had not SC No. 140/2013 Page 2 of 6 executed any Will during their life time.
Deceased Sh. Puran Chand Magotra and Smt. Nirmala Wati were maintaining different SB bank account in their individual name as well as in their joint names i.e. SB A/c No. 20004044966 in the Bank of Maharashtra, Paschim Vihar Branch in their joint name, SB A/c No. 027783 in Punjab National Bank, Punjabi Bagh Branch in the name of Nirmala Wati, SB A/C No. 41616 in the Union Bank of India, Paschim Vihar Branch in the name of Sh. Puran Chand Magotra, SB A/c No. 4231 in Canara Bank, Paschim Vihar Branch in their joint name, SB A/c No. 19630110000878 in the UCO Bank, Paschim Vihar Branch in their joint name, SB A/c no. 10294754480 in the State Bank of India, Meera Bagh Branch, New Delhi in the name of Sh. Puran Chand Magotra, one FDR bearing receipt No. 929763 dated 12.08.2008 having maturity value of Rs.19,685/ in their joint name.
Deceased Sh. Puran Chand Mangotra and Smt. Nirmala Wati were also maintaining one locker No. 288, Key No. 73 in their joint name with Bank of Maharashtra, Paschim Vihar Branch, New Delhi. Photocopies of passbooks in respect of aforesaid bank accounts except SBI, Meera Bagh Branch and photocopy of receipt are Ex.PW1/3 to Ex.PW1/8. Originals of the same were returned after perusal. Photocopy of inventory prepared in respect of locker No. 288 is Ex.PW1/9. Original of the same was returned after perusal. As regards bank account in SBI, Meera Bagh branch, Sh. Murari Lal, Asstt. from the said bank produced the details in respect of said account and got his statement recorded on 20.12.2013. Statement of SC No. 140/2013 Page 3 of 6 account in respect of said SBI account is already Ex.P1.
Petitioner produced his election Icard for identification. Photocopy of the same is Ex.PW1/10. Original of the same was returned after perusal.
4. Sh. Murari Lal S/o Sh. Prahlad Rai, Customer Asstt., SBI, Meera Bagh, New Delhi was recorded on 20.12.2013 wherein he produced the details in respect of SB account bearing No. 10294754480 in the joint name of Mr. Puran Chand Mangotra and Nirmla Wati which carries closing balance of Rs.15,478.13p as on 19.12.2013. Statement of account in respect of aforesaid SB account is Ex.P1 which bears signatures of Smt. Sunita Batra, Asstt. Manager and seal of the bank.
5. Statement of respondent no. 2 to petitioner no. 5 namely Sh. Ashok Kumar Magotra, Sh. Vijay Magotra, Smt. Veena Gasain and Smt. Usha Rani were recorded on 28.11.2013 wherein they corroborated the statement of petitioner and stated that they have no objection if succession certificate is granted in favour of petitioner in respect of debts and securities of deceased. Photocopies of their identity cards are Ex.RW2/1, Ex.RW3/1, Ex.RW4/1 and Ex.RW5/1. Originals of the same were returned after perusal.
6. During the arguments, counsel for petitioner submitted that petitioner is also entitled for jewellery articles found in the locker No.288 in Bank of Maharashtra, Paschim Vihar Branch, New Delhi as SC No. 140/2013 Page 4 of 6 per inventory Ex.PW1/9 in respect of the said locker. Counsel for petitioner also filed some judgments to substantiate his submission i.e. Adarsh Rattan And Ors. Vs. State Bank of India, AIR 1987 P H 232 of PunjabHaryana High Court, Sharda Chopra And Ors. Vs. State Bank of India, AIR 1997 MP 196 of Madhya Pradesh High Court and Rama Chakravarty Vs. Manager, Punjab National Bank, AIR 1991 Cal 128 of Calcutta High Court.
7. However, as per judgment tilted State Bank of India Vs Netai, AIR 1982 Calcutta 92; Venugupal Loya Vs Smt. Vijaya Laxmi Bung; AIR 1990 AP 357; Vimla Devi Vs Shobha Walia, AIR 2007 Chhatisgarh 36; Branch Manager SBI Vs. Satyaban Pathal AIR 1989 Orissa 236; Rama Chakravarti Vs Punjab National Bank, AIR 1991 Calcutta 128; Branch Manager Vs. Gadi Raju Rama Bhaskara, AIR 1993 AP 337, a succession certificate cannot be issued with respect to articles lying in the bank locker as a bank locker does not fall within debts and securities. Thus, as far as the articles in locker are concerned, this court cannot issue a succession certificate in favour of the petitioner in view of the aforesaid judgments.
8. In view of above judgments, this court cannot grant succession certificate in respect of jewellery articles found in the locker No. 288 though petitioner is entitled for the same.
9. It is pertinent to mention here that objection have not been filed on SC No. 140/2013 Page 5 of 6 behalf of general public despite publication in the newspaper 'Vande Matram' dated 23.09.2014.
10. In the facts and circumstances on record, petitioner Sh. Vinod Magotra only shall be entitled in respect of debts and securities of the deceased as per Ex.PW1/3 to Ex.PW1/8 and Ex.P1.
11. In view of the matter as discussed above, I am of the considered opinion that there is no impediment in grant of succession certificate in favour of petitioner Sh. Vinod Magotra in respect of debts and securities of the deceased as per Ex.PW1/3 to Ex.PW1/8 and Ex.P1. I accordingly direct that succession certificate be issued in the name of Sh. Vinod Magotra in respect of debts and securities of the deceased as per Ex.PW1/3 to Ex.PW1/8 and Ex.P1. Court fees and indemnity bond with one surety shall be filed by the petitioner within 15 days. No further order is required to be passed. File be consigned to the Record Room.
Announced in the open court On this 5th day of November, 2014 (Sumedh Kumar Sethi) ACJ/CCJ/ARC(West) Tis Hazari, Delhi SC No. 140/2013 Page 6 of 6