Delhi District Court
Smt. Sheela Devi vs State on 13 December, 2012
IN THE COURT OF SH.MUNISH MARKAN,
ADMINISTRATIVE CIVIL JUDGE (SOUTH),
SAKET COURTS, NEW DELHI
SUCCESSION CASE NO.23/10
Smt. Sheela Devi
W/o Late Sh.Din Dayal
R/o H. No.401, ICF, Budh Vihar,
Munirka, New Delhi .................... Petitioner.
Versus.
State ................... Respondent
Application for grant of Succession Certificate U/S 372 of Indian Succession
Act, 1925.
DATE OF INSTITUTION : 21.01.2010
DATE OF RESERVING ORDER : 13.12.2012
DATE OF PRONOUNCEMENT : 13.12.2012
JUDGMENT
1. The present petition has been filed by the petitioner Sheela Devi for grant of succession certificate U/S 372 of the Indian Succession Act, 1925 (hereinafter referred to as ''the Act'') in respect of debts and securities of her deceased husband Sh.Din Dayal in the form of service benefits.
2. Notice of petition was issued to the other LRs of deceased and was ordered to be to be published in the newspaper 'The Statesman' to invite objections from the public at large to the grant of succession certificate to the petitioner.
3. The notice of the petition was published in the newspaper 'The Succession Case No.23/10 Page 1 of 4 Statesman' on 26.03.2010, but none appeared on behalf of the public at large to raise any objection to the grant of succession certificate in favour of the petitioner. The step children of the petitioner i.e. Sh.Vikas and Ms.Kavita who are the children of the deceased from his first wife filed their objections and later on compromised the matter with the petitioner on the condition that they get 1/3rd equal share each. Their statement in this regard was recorded.
4. The petitioner examined herself as PW1 and led her evidence by way of affidavit which is Ex. PW1/1 in which she has deposed that she married the deceased Din Dayal after the death of his first wife and photographs of her marriage and invitation card are Ex.PW1/A and Ex.PW1/B. She further deposed that her husband Late Sh.Din Dayal died on 21.02.2008, leaving behind herself and one step daughter and one step one son as legal heirs who are living with her. Copy of his death certificate is Ex.PW1/C. She further deposed that deceased was working as conductor with DTC vide batch No.17596 T No.37178, letter of the Delhi Transport Corporation is Ex.PW1/F and envelop is Ex.PW1/G and the succession petition is Ex.PW1/H. Copy of ration card and Election I. Card is Ex.PW1/D and Ex.PW1/E. She further deposed that she has settled the matter with the objectors amicably and agreed to distribute the service benefits in the ratio of 1/3rd each between the petitioners and both the objectors. She further deposed that the compromise deed is Ex.PW1/J and the service benefits of deceased including Gratuity, CPF and Employee Contribution is Rs.3,50,558.58. The mother of the deceased Smt. Shanti was not made a party and later on she appeared and gave her no objection in favour of the petitioner and her two step Succession Case No.23/10 Page 2 of 4 children stating that she resides with the petitioner and therefore, did not claim anything in the present petition.
5. Sh.Jaipal Singh Ash cleaner from the DTC filed the letter of the department giving the details of the service benefits of the deceased as Rs. 128414/ as gratuity, Rs.45037.75 as CPF (Own contribution) and Rs.177106.83 as CPF (Employer's contribution) and Rs.11098/ has been paid as excess salary in the deceased which is to be recovered.
6. I have heard the arguments on behalf of the petitioner and gone through the entire material available on record.
7. From the perusal of the testimony of petitioner and all the documents tendered into evidence and relied upon by her, it is clear from Ex. PW1/C that Sh.Din Dayal expired on 21.02.2008 at Delhi. It is also evident from the photocopy of Ration Card of the deceased is Ex.PW1/D that petitioner is the wife of deceased Sh.Din Dayal. It has been proved from the letter of the department i.e. DTC that the deceased was having Rs.350558.58 as the payable amount out of which the recoverable amount is Rs.11098/, thereby the net amount payable is Rs.3,39,460.58. The other LRs have already given no objection in favour of the petitioner and as per the compromise arrived at between the parties, the petitioner and the objectors Vikas and Kavita are each entitled to 1/3share of the service benefits of the deceased.
8. The aforesaid claim of the petitioner has gone unrebutted and nobody appeared on behalf of public at large to contest the aforesaid claim of the petitioner. There is also no impediment U/S 370 of the Act to grant of Succession Succession Case No.23/10 Page 3 of 4 Certificate with respect to debts/security as mentioned above. Therefore, I deem it fit to allow the petition of the petitioner. Accordingly, the petition is hereby allowed.
9. In view of above, I hold that the petitioner Sheela Devi and objectors Vikash and Kavita are entitled for the grant of Succession Certificate U/S 373 of the Act in respect of aforementioned service benefits of deceased Sh.Din Dayal having total value of Rs.3,39,460.58 along with interest accruing thereon, if any.
10. Accordingly, Succession Certificate be issued to the petitioner Sheela Devi and objectors Sh.Vikash and Ms.Kavita having 1/3share each on filing of court fee of Rs.8,486/ in terms of Article 12 Schedule 1 of the court fee Act 1870 as applicable to Delhi and an indemnity bond in the sum of Rs. 3,39,460.58 with one surety in the like amount. File be consigned to Record Room.
Announced in open court (Munish Markan)
on 13.12.2012 Administrative Civil Judge (South)
Saket, New Delhi
Succession Case No.23/10 Page 4 of 4