Delhi District Court
Satyawati D/O Late Charan Singh vs State on 12 December, 2017
IN THE COURT OF DHEERAJ MOR: ACJcumCCJcumARC
(SOUTHWEST): DWARKA COURTS: NEW DELHI.
Succession Case44/17
DLSW030010232017
Satyawati D/o late Charan Singh
W/o Devender Singh
R/o 357/ Kutti Marpana, Mundela Kalan,
South West, Delhi73. .............Petitioner
Vs.
1. State
2. Kasturi Devi
W/o late Charan Singh
R/o 367 Kutti Marpana, Mundela Kalan,
South west, Delhi73.
3. Krishna
D/o late Charan Singh
W/o Bijender
R/o 367 Kutti Marpana, Mundela Kalan,
South west, Delhi73.
4. Shakuntala Devi
D/o late Charan Singh
W/o Chand Ram
R/o 244, Pooth Kalan, Village
Sultanpuri, North West Delhi86.
5.Urmila
D/o late Charan Singh
R/o 232 Village Holambi Khurd,
Holambi Kalan, North west, Delhi82.
6. Manager,
Bank of Baroda, Ujwa,
VPO Ujwa, New Delhi. ...........Respondents
Page no.1 of 6 Satyawati vs. The State & ors.
SC44/17
Petition U/s 372 of Indian Succession Act for grant of
Succession Certificate in respect of debts and securities of
deceased Charan Singh.
Date of Institution : 02.06.17
Date of Reserving Judgment : 12.12.17
Date of Judgment : 12.12.17
JUDGMENT:
1. The present petition has been filed by the petitioner for grant of Succession certificate U/s 372 of Indian Succession Act, 1925 (herein after referred to as the Act), in respect of debts and securities of deceased Charan Singh.
2. The State, Kasturi Devi, Krishna, Shakuntla Devi, Urmila and Manager, Bank of Baroda, VPO Ujwa, New Delhi, has been impleaded as respondents.
PETITION:
3. It has been averred by the petitioner that Sh. Charan Singh died intestate at VPO Mundhela Kalan, New Delhi. It is further averred that deceased was the ordinary resident of Mundhela Kalan, New Delhi, which falls within the jurisdiction of this court. It is further averred that deceased was survived by five class1 legal heirs i.e the petitioner (daughter of the deceased), respondent no.2 (wife of the deceased) and respondent nos. 3 to 5 (remaining daughters of the deceased).
4. Notice of the petition was ordered to be published in newspaper and accordingly publication was done in newspaper Page no.2 of 6 Satyawati vs. The State & ors. SC44/17 titled as "Veer Arjun" dated 14.09.17, but none appeared on behalf of public at large, to raise any objections for grant of succession certificate in favour of petitioner.
EVIDENCE:
5. In petitioner evidence, only one witness has been examined.
5.1. PW1 is petitioner Satyawati. She has proved the death certificate of her deceased father as Ex.PW1/B. She has further proved the death certificate of her uncle namely Sh.Mange Ram as Ex.PW1/C. She has deposed that her father died intestate and besides herself, respondent nos. 2 to 5 are the class one legal heirs of his belongings. She has further deposed that all of them have given their no objections for grant of succession certificate in her favour in respect of debts and securities of deceased as mentioned in the present succession petition. She has placed on record her Aadhar card and the same is Ex.PW1/D(OSR). She has proved the Aadhar card of her deceased father as Ex.PW1/E (OSR) Thereafter, petitioner evidence was closed.
6. Further, in respondent evidence, five witnesses have been examined.
6.1. RW1 Kasturi Devi, RW2 Krishna, RW3 Shakuntla Devi and RW4 Urmila gave their no objections for grant of succession certificate in favour of petitioner regarding debts and securities of deceased vide their separate statements.
Page no.3 of 6 Satyawati vs. The State & ors. SC44/17 6.2. RW5 is Ms. Krati Puri, Branch Manager at Bank of Baroda, Ujwa branch, New Delhi73. She has proved the statement of account bearing no. 21440100006652 in the name of Charan Singh reflecting balance amount of Rs. 1,10,131/ as on 01.10.17 as Ex.RW5/A. She has deposed that as per record, Sh. Mange Ram S/o Giani Ram (brother of the account holder) is the nominee of the deceased in the aforesaid account and the document reflecting the same is Ex.RW5/B. ARGUMENTS, APPREICIATION OF EVIDENC & REASONS:
7. I have heard the arguments and perused the material on record carefully.
8. 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:
" 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 Page no.4 of 6 Satyawati vs. The State & ors. SC44/17 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 adjustment of the claims of the heirs inter se".
9. From the oral and documentary evidence on record, my prima facie findings are as under: 9.1. The deceased was the resident of Mundhela Kalan, New Delhi, which is reflected from his death certificate proved as Ex.PW1/B. It falls within the jurisdiction of this court. The nominee in the bank account of deceased is Sh.Mange Ram and he pre deceased the deceased Charan Singh.
9.2. The deceased had expired on 05.02.17 leaving behind five surviving class1 legal heirs i.e Petitioner and respondent nos.2 to 5. Respondent nos. 2 to 5 have given their no objections for issuance of succession certificate in favour of petitioner in respect of debts and securities of deceased as mentioned in the present petition.
DEBTS & SECURITIES: 9.3. The deceased died intestate qua debts and securities as mentioned in the petition which is as follows:
(i).Rs.1,10,131/ in his account no. 21440100006652 with Bank of Baroda, Ujwa branch, New Delhi.
Page no.5 of 6 Satyawati vs. The State & ors. SC44/17 Therefore, the total value of the securities held by the deceased for which succession certificate has been applied for, turns out to be Rs.1,10,131/.
9.4. 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 petition. CONCLUSION:
10. In view of the aforesaid observations, this court holds that petitioner Satyawati is entitled for grant of Succession Certificate U/s 373 of the Act in respect of the aforementioned securities having total value of Rs.1,10,131/ (Rupees One Lakh Ten Thousand One Hundred Thirty One only) alongwith interest if any, accrued thereupon.
11. Accordingly, succession certificate be issued to the petitioner Satyawati on filing of corresponding court fees in terms of Article 12 Schedule I of Court Fees Act, 1870 as applicable in Delhi and Indemnitycumsurety bond of the like amount, within 30 days from today. Petition is accordingly, disposed of.
File be consigned to record room, after due diligence.
Announced in the open court (Dheeraj Mor) today i.e on 12.12.17 ACJ/CCJ/ARC:South West District Dwarka Courts: New Delhi.
Page no.6 of 6 Satyawati vs. The State & ors. SC44/17 SC44/17 DLSW030010232017 Satyawati vs State & ors.
12.12.17 Present: Petitioner with counsel Sh. R.D.Kaushik.
Ms. Krati Puri, Bank of Baroda, Ujwa, New Delhi/ respondent no.6 has come present with ld. Counsel Sh. Abhay Dixit.
Written statement is filed on behalf of respondent no.6. RW5 Ms. Krati Puri and PW1 Satyawati are examined and discharged.
At request, petitioner and respondent evidence are closed.
Final arguments are heard. The case file is carefully perused.
By virtue of separate Judgment of even date announced in the open court, succession certificate be issued to the petitioner Satyawati in respect of debts and securities of deceased Sh.Charan Singh, having total value of Rs.1,10,131/ alongwith interest if any, accrued thereupon, as detailed in the judgment, on filing of corresponding court fees in terms of Article 12 Schedule I of Court Fees Act, 1870 as applicable in Delhi and Indemnitycumsurety bond of the like amount, within 30 days from today.
File be consigned to record room, after due compliance.
(Dheeraj Mor) ACJCCJARC (SW) Dwarka Courts: 12.12.17 Page no.7 of 6 Satyawati vs. The State & ors. SC44/17