Delhi District Court
1 Vimla Sharma vs . State Of Nct Of Delhi & Ors on 8 August, 2013
1 Vimla Sharma vs. State of NCT of Delhi & ors
SC no. 59/12
IN THE COURT OF MS. SURYA MALIK GROVER: ACJcumCCJ
cumARC (SOUTHWEST): DWARKA COURTS: NEW DELHI.
Succession Case No.59/12
Vimla Sharma
W/o Late Sh. Jai Kishan Sharma
R/o RZ5/230, J Block,
West Sagarpur, New Delhi110046
...............Petitioner
vs.
1.Govt. NCT of Delhi
2. Sh. Satyapal Sharma
3. Sh. Jaipal Sharma
Both resident of
RZ5/230, J Block
West Sagarpur,
New Delhi110046
4.Smt. Sunita Sharma
W/o Sh Sanjeev Sharma
R/o B1/A, B Block, Gali no.8,
New Delhi110045.
.............Respondents
Petition U/s 372 of Indian Succession Act for grant of
Succession Certificate with regard to Bank Account no.
2 Vimla Sharma vs. State of NCT of Delhi & ors
SC no. 59/12
SR/01/003512 at Corporation Bank, Janakpuri Branch in the
name of Late Sh. Jai Kishan Sharma.
Date of Institution: 28.07.12
Date of Reserving Order: 08.08.13.
Date of Judgment: 08.08.13
JUDGEMENT:
1. The present petition has been filed by the petitioners for grant of Succession certificate U/s 372 of Indian Succession Act, 1925( herein after referred to as the Act), with regard to Bank Account no. SR/01/003512 at Corporation Bank, Janakpuri Branch in the name of Late Sh. Jai Kishan Sharma.
The Govt of NCT of Delhi, Sh Satyapal Sharma , Sh Jaipal Sharma and Smt. Sunita Sharma have been impleaded as the respondents.
2. It has been averred by the petitioner that deceased Late Sh Jai Kishan Sharma had expired on 11.02.2011 at Kukreja Hospital, Heart Centre Rajouri Garden, New Delhi and was ordinarily residing at RZ5/230, J Block, West 3 Vimla Sharma vs. State of NCT of Delhi & ors SC no. 59/12 Sagarpur, New Delhi110046, which falls within the jurisdiction of this court. It is further averred that deceased Jai Kishan Sharma has left behind the following as his class1 legal heirs.
i) Petitioner Vimla Sharmawife of deceased.
ii) Sh. Satyapal Sharma son of the deceased.
iii) Sh. Jaipal Sharma son of deceased.
iv)Sunita Sharma daughter of the deceased.
3. Notice of the petition was issued and ordered to be published in the newspaper "The Statesman" on 10.09.12 but none appeared on behalf of public at large, to raise any objection to grant of succession certificate in favour of petitioner.
4. In support of the case, the petitioner Vimla Sharma has examined as PW1 in Petitioner evidence.
Further, in Respondent evidence, Satyapal Sharma & Jaipal Sharma both sons of deceased Sh Jai Kishan Sharma and petitioner Vimla Sharma, have been examined as RW1 & RW2 respectively and Sunita Sharma 4 Vimla Sharma vs. State of NCT of Delhi & ors SC no. 59/12 daughter of deceased Sh Jai Kishan Sharma and petitioner as RW3.
PW1 Vimla Sharma, has deposed on oath that she has filed succession petition alongwith her affidavit as ExPW1/A. She has deposed that her husband Jai Kishan Sharma was the resident of RZ5/230, J Block, West Sagarpur, New Delhi110046 and had expired on 11.02.11, his death certificate is ExPW1/B. She has further deposed that her mother in law Mewa Devi has already expired 30 years ago in Motla Kalan, District Rewari, Haryana. She has further deposed that his husband Jai Kishan Sharma died intestate without leaving any will and besides herself, respondent no.2, 3 & 4 are ClassI legal heirs/ survivor of belongings of his deceased Jai Kishan Sharma. She has further deposed that her sons respondent no.2 & 3 and her daughter respondent no.4 have given their no objection in her favour. As such, she is entitled to receive the Succession Certificate in respect of debts and securities mentioned in para 6 of the present succession petition. She has proved photocopy of her Voter I card for the residence proof as Mark X Further, on 08.08.13 petitioner has deposed on 5 Vimla Sharma vs. State of NCT of Delhi & ors SC no. 59/12 oath that the attested copy of computerized certificate of balance of saving account no. SB/01/003512 in the name of deceased Jai Kishan Sharma as ExPw1/C bearing the signatures of Branch Manager, Corporation Bank, Janakpuri, New Delhi at point A. She further stated that as per certificate of balance, the balance as on 27.04.2013 is Rs 14,11,959/..
RW1 is Satyapal Sharma has deposed on oath that he is the respondent No. 2 in the present succession petition and is the eldest son of deceased Late Sh Jai Kishan Sharma and petitioner Vimla Sharma. He further stated that he has no objection for grant of succession certificate in favour of petitioner regarding debts and securities of deceased Sh. Jai Kishan Sharma mentioned in Para No. 6 in the present succession petition. He has proved self attested photocopy of rationcard for his residence proof as Mark A. RW2 is Jaipal Sharma has deposed on oath that he is the respondent No. 3 in the present succession petition and is the younger son of deceased Late Sh Jai Kishan Sharma and petitioner Vimla Sharma. He further stated that he has no objection for grant of succession certificate in favour of petitioner regarding debts and securities of deceased Sh. Jai 6 Vimla Sharma vs. State of NCT of Delhi & ors SC no. 59/12 Kishan Sharma mentioned in Para No. 6 in the present succession petition. He has proved self attested photocopy of rationcard for his residence proof as Mark A. RW3 is Sunita Sharma has deposed on oath that she is the respondent No. 4 in the present succession petition and is the daughter of deceased Late Sh Jai Kishan Sharma and petitioner Vimla Sharma. She further stated that she has no objection for grant of succession certificate in favour of petitioner regarding debts and securities of deceased Sh. Jai Kishan Sharma mentioned in Para No. 6 in the present succession petition. She has proved self attested photocopy of Voter Icard for her residence proof as ExPW3/A. Thereafter Petitioner Evidence was closed.
5. I have heard the arguments advanced by Ld counsel and have perused the material on record.
6. In Madhvi Amma Bhawani Amma & Ors. Vs. Kunjikutty Pillai Meenakshi, AIR 2000 SC 2301, 2000 (3) ALT 35 SC, 2001 (49) BLJR 813, it was held as under:
7 Vimla Sharma vs. State of NCT of Delhi & ors SC no. 59/12 " The enquiry in proceedings for grant of succession certificate is to be summary, and the Court, without determining questions of law or fact, which seem to it to be too intricate and difficult for determination, should grant the certificate to the person who appears to have prima facie the best title thereto. In such cases the Court has not to determine definitely and finally as to who has the best right to the estate.
All that it is required to do is to hold a summary enquiry into the right to the certificate, with a view, on the one hand, to facilitate the collection of debts due to the deceased and prevent their being timebarred, owing (for instance) to dispute between the heirs inter se as to their preferential right to succession, and, on the other hand, to afford protection to the debtors by appointing a representative of the deceased and authorising him to give a valid discharge for the debt. The grant of a certificate to a person does not give him an absolute right to the debt nor does it bar a regular suit for 8 Vimla Sharma vs. State of NCT of Delhi & ors SC no. 59/12 adjustment of the claims of the heirs inter se".
7. From the oral and documentary evidence on record, my prima facie findings are as under: 7.1. The deceased Sh Jai Kishan Sharma was having residence at RZ5/230, J Block, West Sagarpur, New Delhi110046, which is reflected from his death certificate proved as ExPW1/B which falls within the jurisdiction of this court.
7.2 The deceased Jai Kishan Sharma had expired on 11.02.2011 leaving behind four surviving ClassI legal heirs including petitioner and his two sons respondent no.2 & 3 and one daughter respondent no.4, all of whom have given their no objection in favour of the petitioner. .
7.3 The deceased Jai Kishan Sharma died intestate qua debts and securities i.e. ExPW1/C is the attested copy of computerized certificate of balance of saving account no. SB/01/003512 in the name of deceased Jai Kishan Sharma, as per certificate of balance, the balance as on 27.04.2013 is Rs.
9 Vimla Sharma vs. State of NCT of Delhi & ors SC no. 59/12 14,11,959/.
Therefore, the total value of the securities held by the deceased for which succession certificate has been applied for turns out to be Rs. 14,11,959/ 7.5 The aforesaid claim of the petitioner has gone unrebutted and nobody has appeared on behalf of the public to contest the claim of the petitioner. There is also no impediment U/s 370 of the Act to grant Succession Certificate with respect to debts and securities as mentioned in the application.
8. In view of the aforesaid observations, I hold that the petitioner Vimla Sharma is entitled for the grant of Succession Certificate U/s 373 of the Act in respect of the aforementioned securities having total value of Rs.14,11,959 / alongwith interest accrued thereon, if any.
9. Accordingly, succession certificate be issued to the petitioner Vimla Sharma on filing of court fees of Rs. 35,298.97/ in terms of Article 12 Schedule I of Court Fees 10 Vimla Sharma vs. State of NCT of Delhi & ors SC no. 59/12 Act, 1870 as applicable in Delhi and Indemnitycumsurety bond of the like amount, within 15 days from today. Petition is accordingly, disposed of.
File be consigned to record room after due compliance.
Announced in the open court Surya Malik Grover) today i.e on 08.08.13 ACJ/CCJ/ARC/DC/ND 11 Vimla Sharma vs. State of NCT of Delhi & ors SC no. 59/12