Delhi District Court
Also At vs State Of Delhi on 26 May, 2023
IN THE COURT OF MS. DIVYA MALHOTRA
ADMINISTRATIVE CIVIL JUDGE:NORTH-WEST DISTRICT:
ROHINI DISTRICT COURTS: DELHI
Succession Petition No. 58/21
CNR No. DLNW030008092021
In the matter of:
Veena Goswami
W/o Late Satish Kumar Goswami
R/o C-1 607 Sai Baba Apartment,
Sector-9, Rohini,
New Delhi-110085
Also at
8-B, Pocket-B, Phase 2nd,
Ashok Vihar,
Delhi - 110052
..............Petitioner
VERSUS
1. State of Delhi
Govt. of NCT of Delhi
2. Sh. Himanshu Goswami
S/o Late Satish Kumar Goswami
R/o E Space, 185 Nirvana Country,
Sector-50, Gurugram,
Haryana - 122018
3. ICICI Bank
Videocon Tower
Rani Jhansi Road,
Digitally signed
Block - E1, Jhandewalan Ext, by DIVYA
New Delhi - 110055 DIVYA MALHOTRA
MALHOTRA Date:
2023.05.26
16:09:59 +0530
SCC No. 58/21 Veena Goswami V/s The State of NCT of Delhi & Ors. Page No. 1/7
Corp. Off
ICICI Bank Tower,
Bandra - Kurla Complex,
Mumbai - 400051
4. IIFL Securities Ltd.
Barakhamba Road,
Ashoka Estate Building
No.501 & 510-514 5th Floor,
New Delhi - 110001
Reg. Off
Central Road,
IIFL House, Sun Infotech Park,
Road 16 V, Plot No. B-23,
Thane Industrial Area,
Wagle Estate, Mumbai ..........Respondents
Date of Institution : 20.03.2021
Date of Final Arguments : 18.04.2023
Date of Judgment : 26.05.2023
Final Order : Petition allowed.
JUDGMENT ON PETITION UNDER SECTION 372
OF THE INDIAN SUCCESSION ACT
1. Petitioner is the wife and respondent no. 2 is the son of Late Satish Kumar Goswami (hereinafter referred to as "deceased"). Deceased expired on 30.01.2020 and at that time he was ordinarily residing at 8-B, Pocket-B, DDA Flats, Ashok Vihar, Phase-II, Delhi. The present petition has been filed by the petitioner under Section 372 of Indian Succession Act, 1925 seeking issuance of succession certificate in respect of shares of different companies (hereinafter referred to as the "assets") left by the deceased. It is stated that there is no impediment to the grant of succession certificate in favor of the petitioner under the Succession Act.
SCC No. 58/21 Veena Goswami V/s The State of NCT of Delhi & Ors. Page No. 2/72. After filing of present petition, notice was issued and general public was served through publication in daily newspaper "Veer Arjun", Hindi edition dated 10.11.2021, to invite objections from the public at large to the grant of succession certificate to the petitioner, but none appeared from general public to oppose or contest the present petition.
3. LR report has been received from the concerned Tehsildar, Saraswati Vihar, as per which Veena Goswami (wife) and Himanshu Goswami (son) are the surviving legal heirs of deceased.
4. During the summary proceedings conducted as per Section 373 of the Indian Succession Act,1925, three witnesses have been examined.
5. PW-1 Veena Goswami/ petitioner tendered her evidence by way of affidavit Ex. PW1/A and additional affidavit Ex. PW1/B. She deposed that she is wife of the deceased and no will was executed by her husband in respect of his assets in question. She also relied upon the following documents:-
S. No. Nature of Documents Exhibited As
1 Copy of her ID proof Ex. PW1/1 (OSR)
2 Copy of death certificate of the deceased Mark A
3 Copy of Surviving Member Certificate Ex. PW1/3 (OSR)
4 Copy of Share Certificate Ex. PW-1/4
(OSR)
5 Copy of FIR and duplicate certificate issued Ex. PW1/5
by Kfintech, RTA of Reliance Industries
6 Copy of shares of Reliance Industries Ex. PW1/6
Limited
SCC No. 58/21 Veena Goswami V/s The State of NCT of Delhi & Ors. Page No. 3/7
Vide her additional evidence by way of affidavit Ex. PW1/B, the petitioner has deposed that 16 shares certificates qua 181 equity shares of RIL which were in the name of deceased Satish Kumar Goswami under Folio No. 001112147 had been lost and the FIR Ex. PW1/5 was filed in respect of the same.
6. RW-1 Himanshu Goswami i.e. respondent no. 2 tendered his affidavit/NOC Ex. RW1/A testifying that he has no objection if succession certificate is issued in favor of the petitioner in respect of his share. He also relied upon copy of his Adhaar card Ex. RW1/1 and copy of surviving member certificate Ex. RW-1/2.
7. RW-2 Harsh Vardhan Pathak, Deputy Legal Manager, IIFL Securities Ltd. having office at Ashoka Estate Building, Fifth Floor, Barakhamba Road, New Delhi-110001 produced the transaction statement cum statement of holdings Ex. RW2/A with portfolio valuation of Rs.8,95,101.12/- as on 25.08.2022 of Late Mr. Satish Kumar Goswami having DP id 12044700 and Client ID 07364606.
8. RW-3 Yashwant Chaudhary, DEO, Office of SDM Saraswati Vihar, Delhi produced the LR report Ex. RW3/1.
9. RW-4 Samar Bhatia, DGM, Secretarial, Hero Motocorp Limited tendered his evidence by way of affidavit Ex. RW4/A. He deposed that as per records of the company, there are 685 shares in the name of Satish Kumar Goswami vide Certificate No. 510117, distinctive No. 45715346 to 45716030 and that there is no nominee SCC No. 58/21 Veena Goswami V/s The State of NCT of Delhi & Ors. Page No. 4/7 nor any joint holder name in the record.
10. Thereafter, PE was closed on 28.09.2022 and the matter was listed for final arguments.
Heard. Perused.
11. From the material on record, it stands proved that the deceased Satish Kumar Goswami expired on 30.01.2020 and at that time he was ordinarily residing at H. No. 8-B, Pocket-B, DDA Flats, Ashok Vihar, Phase-II, Delhi - 52, which confers the territorial jurisdiction on this Court.
12. As per the LR report received from the office of concerned Tehsildar, Saraswati Vihar, it is brought on record that the deceased left behind petitioner and respondent no. 2 as his only surviving legal heirs. From the testimony of petitioner/PW-1, AR/RW-2, documents Ex. RW2/1 and Ex. PW1/4 (colly), the total shares/ holdings and the valuation thereof left behind by the deceased have been brought on record. The succession certificate has been sought in favor of the petitioner and the remaining LR/respondents no. 2 has already issued his No Objection Certificates in favor of the petitioner. The petitioner is otherwise also Class-1 Legal heirs of the deceased being his wife and no impediment has been brought on record in respect of grant of succession certificate in favor of the petitioner.
SCC No. 58/21 Veena Goswami V/s The State of NCT of Delhi & Ors. Page No. 5/713. Considering the above, the petitioner is held entitled to the Succession Certificate in respect of the following movable properties, alongwith accrued interest, if any, left behind by the deceased Late Satish Kumar Goswami:-
(a) Holdings of the deceased having DP ID No. 12044700 and Client ID No. 07364606 of IIFL Securities Ltd. as per Ex.
RW2/A with portfolio valuation of Rs.8,95,101.12/- as on 25.08.2022;
(b) 685 shares of Hero Motocorp Ltd., with certificate No. 510117, Distinctive No. 45715346 to 45716030 as per Ex. PW1/4 (colly);
(c) 642 shares of Reliance Industry distinctive No. 0022187400866-002187400910; 001594676911-01594676955 and 006855594627-006855594716 as per Ex. PW1/4 (colly) and
(d) Bonds of Rs. 50,000/- vide Bond No. TBICI008825091 with ICICI Bank as per Ex. PW1/4 (colly),
14. The succession certificate be issued in favor of the petitioner on furnishing of an Indemnity Bond of the same value with one surety of like amount, alongwith affidavit of valuation of the shares in question i.e. Hero Motocorp Limited and Reliance Industries, within one month from today. Petitioner to file Court Fees in terms of Article 12 Schedule 1 of the Court Fees Act as applicable to Delhi for issuance of succession certificate.
15. It is clarified that the succession certificate shall be considered SCC No. 58/21 Veena Goswami V/s The State of NCT of Delhi & Ors. Page No. 6/7 only as an entitlement of the petitioner to receive the amount due towards Late Satish Kumar Goswami from concerned company so as to discharge the debtor.
16. File be consigned to Record Room after due compliance.
Digitally signed by DIVYA Announced in an Open Court DIVYA MALHOTRA
MALHOTRA Date: 2023.05.26
16:10:07 +0530
(Divya Malhotra)
ACJ/ARC/North-West District
Rohini District Courts
Delhi/26.05.2023
SCC No. 58/21 Veena Goswami V/s The State of NCT of Delhi & Ors. Page No. 7/7