Delhi District Court
Rajesh Kumar And Ors vs The State Nct Of Delhi And Ors on 1 May, 2025
IN THE COURT OF MS. SWAYAM SIDDHA TRIPATHY,
ADMINISTRATIVE CIVIL JUDGE-CUM-COMMERCIAL
CASES JUDGE-CUM-ADDITIONAL RENT CONTROLLER,
SOUTH WEST DISTRICT, DWARKA COURTS,
NEW DELHI
CNR No. DLSW030018232024
RAJESH KUMAR & ORS V. THE STATE & ORS.
a) Succession Court Case No. : 124/2024
b) Name & address of the : 1. Rajesh Kumar
petitioners S/o Sh. Hari Singh
R/o Flat no. 202,
Plot No. G-84A, Street No. 1,
Sangam Apartment,
Palam Extn, Palam Village,
Delhi-110045.
2. Rajat Kumar
S/o Sh. Rajesh Kumar
R/o 676, DDA LIG Flats,
Pocket-13, Dwarka Phase-I,
Palam Village, Delhi-110045.
3. Ms. Abhilasha,
D/o Sh. Rajesh Kumar
R/o Flat no. 202,
Plot No. G-84A, Street No. 1,
Sangam Apartment,
Palam Extn, Palam Village,
Delhi-110045.
Digitally
signed by
SWAYAM
SWAYAM SIDDHA
SIDDHA TRIPATHY
TRIPATHY Date:
2025.05.02
14:49:08
+0530
Succ Court 124/2024 Rajesh Kumar & Ors. v. State & Ors. Page 1 of 8
c) Name & address of the : 1. The State (N.C.T. of Delhi)
respondents
2. M/s MAS Services Limited,
(Through its Director),
T-34, 2nd Floor, Okhla
Industries, 2nd Floor, Okhla
Industrial Area, Phase-II,
New Delhi-110020.
3. M/s Piccadily Agro Ind. Ltd.,
(Through its Director),
Regd. Office at: Village
Bhadson, Umri-Indri Road,
Tehsil Indri, Distt. Karnal,
Haryana.
4. M/s Piccadily Agro Ind. Ltd.,
(Through its Director),
At SCO-51, Ist Floor, Back Side
Entry, Sector-30 C, Near CSIO,
Chandigarh-160030.
Date of Institution of petition : 31.08.2024
Date of pronouncement of judgment : 01.05.2025
Petition under Section 372 of The Indian Succession Act, 1925
for grant of succession certificate in respect of the debts &
securities of deceased Late Smt. Vandana Devi.
JUDGMENT
1 The Case: 1.1 The present petition has been filed by the petitioners for
grant of succession certificate under Section 372 of The Indian Succession Act, 1925 (Hereinafter, referred to as the "Act"), in respect of debts and securities of the Digitally signed by SWAYAM SWAYAM SIDDHA SIDDHA TRIPATHY deceased Late Smt. Vandana Devi. TRIPATHY Date:
2025.05.02 14:49:17 +0530 Succ Court 124/2024 Rajesh Kumar & Ors. v. State & Ors. Page 2 of 8
2 Petitioner's case:
2.1 The case of the petitioners is that the deceased expired on 17.04.2008 and was the resident of House No. 676, DDA LIG Flats, Pocket-13, Phase-I, Dwarka, Mangla Puri, Palam Colony, Delhi-110045. The deceased was survived by three Class-I legal heirs i.e. petitioner no. 1 who is stated to be the husband of the deceased, petitioner no. 2 who is stated to be the son of the deceased and petitioner no. 3 who is stated to be the daughter of the deceased. 2.2 The petitioners have approached this Court with the instant petition seeking grant of Succession Certificate in respect of debts and securities of the deceased i.e. 2400 shares of M/s Piccadily Agro Industries Limited vide folio no.
0002831. The said shares are in the form of share certificate purchased by the deceased.
3 Summoning of the Respondents:
3.1 Notice of the petition was ordered to be published in newspaper and accordingly, publication was effected through newspaper titled as "Veer Arjun" dated 20.09.2024 however, none appeared on behalf of public at large, to raise any objection to grant of succession certificate in favour of the petitioners.
4 Respondent's Case:
4.1 Pursuant to the notice, official appeared on behalf of respondent no.1 and filed the report regarding surviving SWAYAM SIDDHA legal heirs of the deceased. TRIPATHY Digitally signed by SWAYAM SIDDHA TRIPATHY Date: 2025.05.02 14:49:23 +0530 Succ Court 124/2024 Rajesh Kumar & Ors. v. State & Ors. Page 3 of 8 4.2 Pursuant to the notice, official appeared on behalf of respondent no. 2 and filed report. Report was also received from respondent no. 3 and 4 regarding 2400 shares of M/s Piccadilly Agro Industries Ltd. vide folio no. 0002831 in the name of the deceased.
5 Petitioner's Evidence:
5.1 To prove their case, the petitioner no. 1 examined himself as PW-1 and tendered his evidence by way of affidavit vide Ex. PW-1/1. PW-1 relied upon the following documents:
i. Copy of death certificate of deceased is exhibited as Ex. PW-1/A (OSR).
ii. Copy of Voter I-Card of deceased is exhibited as Ex.
PW-1/B (OSR).
iii. Copy of his Aadhar Card is exhibited as Ex. PW-1/C (OSR).
iv. Copies of share certificates of Piccadily Agro Industries Limited in the name of the deceased alongwith covering letter dated 26.04.1995 is exhibited as Ex. PW-1/F (Colly.) (OSR). v. Copy of letter dated 06.06.2024 sent to MAS Service Ltd. alongwith its reply are marked as Mark A. vi. Copy of communication via e-mails between Piccadily Agro Industries Ltd, M/s Mas Services Ltd. and PW-1 is exhibited as Ex. PW-1/H (Colly). Digitally signed by SWAYAM SWAYAM SIDDHA vii. Certificate u/s 63 BSA, 2023 is exhibited as Ex. SIDDHA TRIPATHY TRIPATHY Date:
2025.05.02 14:49:30 +0530 PW-1/I. Succ Court 124/2024 Rajesh Kumar & Ors. v. State & Ors. Page 4 of 8 5.2 Petitioner no. 2 and 3 appeared before the Court and submitted that they have no objection to the grant of the succession certificate in favour of the petitioner no. 1 and they relinquished their shares in the securities of the deceased in favour of the petitioner no. 1. They filed their affidavit-cum-NOCs in this regard. 5.3 The respondents neither cross examined PW-1 nor led any evidence. Therefore, it is presumed that they had no objection to the grant of Succession Certificate in favour of the petitioner no. 1.
5.4 Petitioner no. 1 closed PE vide separate statement recorded on 01.05.2025.
6 Final Arguments:
6.1 During the course of final arguments, it was submitted by Counsel for petitioners that petitioner no. 1 seeks succession certificate in respect of debts and securities of the deceased i.e. 2400 shares of M/s Piccadily Agro Industries Ltd. vide folio no. 0002831 in the form of shares certificates and the total value of the shares is Rs. 15,40,680/- as on 07.03.2025. Counsel for the petitioners has submitted that petitioner no. 2 and 3 being the children of the deceased gave their no objection to the claim of the petitioner no. 1. Furthermore, none on behalf of public raised any objection to the present petition. Thus, it was finally prayed that Succession Certificate be issued in SWAYAM favour of the petitioners. SIDDHA TRIPATHY 6.2 Heard the final arguments advanced by Counsel for the Digitally signed by SWAYAM SIDDHA TRIPATHY petitioners. This Court has carefully perused the evidence Date: 2025.05.02 14:49:36 +0530 Succ Court 124/2024 Rajesh Kumar & Ors. v. State & Ors. Page 5 of 8 on record in light of the contents of the petition and considered the oral submissions advanced by Counsel for petitioners.
7 Appreciation and findings:
7.1 The deceased died intestate qua debts and securities which are mentioned in the petition as well as in the testimony of PW-1. The said securities of the deceased are the 2400 shares of M/s Piccadily Agro Industries Ltd. vide folio no.
0002831 in the form of shares certificates and the value of these shares is Rs. 15,40,680/- as on 07.03.2025 as per testimony of PW-1. Therefore, the total value of the securities held by the deceased for which Succession Certificate has been applied for is Rs. 15,40,680/- (Rupees Fifteen Lakh Forty Thousand Six Hundred Eighty Only). 7.2 At this juncture, it is relevant to mention the case of Madhvi Amma Bhawani Amma & Ors. v. Kunjikutty Pillai Meenakshi, AIR 2000 SC 2301, 2000 (3) ALT 35 SC, 2001 (49) BLJR 813, wherein, 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 time-barred, owing (for instance) to dispute between the heirs inter Digitally signed by SWAYAM se as to their preferential right to succession, and, on SWAYAM SIDDHA SIDDHA TRIPATHY TRIPATHY Date:
the other hand, to afford protection to the debtors by 2025.05.02 14:49:42 appointing a representative of the deceased and +0530 authorising him to give a valid discharge for the debt.Succ Court 124/2024 Rajesh Kumar & Ors. v. State & Ors. Page 6 of 8
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".
7.3 From the oral and documentary evidence on record, prima facie it can be said that the deceased was the resident of House No. 676, DDA LIG Flats, Pocket-13, Phase-I, Dwarka, Mangla Puri, Palam Colony, Delhi as per Aadhar Card, Ex. PW-1/B. The matter thus, falls within the jurisdiction of this Court. The deceased who expired on 17.04.2008 was survived by three Class-I legal heirs i.e. petitioner no.1 (husband), petitioner no. 2 (son) and petitioner no. 3 (daughter). This fact is also corroborated by the details of the legal heirs mentioned in the report filed by the SDM, Dwarka which is a part of the record. The petitioners no. 2 and 3 have already relinquished their shares in favour of petitioner no. 1 vide NOCs-cum- affidavits dated 07.03.2025.
7.4 Thus, the claim of the petitioner no. 1 by way of the present petition under Section 372 of the Act has gone unrebutted. Neither the respondents nor anyone on behalf of the public contested the claim of the petitioner. There is also no impediment under Section 370 of the Act for grant of Succession Certificate with respect to debts and securities as mentioned in the petition. Furthermore, the deposition of PW-1 and the documents relied upon SWAYAM by the said witness stands unrebutted/uncontroverted/ SIDDHA TRIPATHY unchallanged. This Court does not find any reason to Digitally signed by SWAYAM SIDDHA TRIPATHY Date: 2025.05.02 disbelieve the unrebutted testimony of PW-1 recorded on 14:49:49 +0530 oath in the Court.
Succ Court 124/2024 Rajesh Kumar & Ors. v. State & Ors. Page 7 of 88 Relief:
8.1 In view of the aforesaid reasons, this Court holds that the petitioner no. 1 is entitled to grant of Succession Certificate under Section 373 of the Act in respect of debts and securities of the deceased i.e. 2400 shares of M/s Piccadily Agro Industries Ltd. vide folio no. 0002831 in the form of share certificates and the value of the shares is Rs. 15,40,680/- (Rupees Fifteen Lakh Forty Thousand Six Hundred Eighty) as on 07.03.2025. Petitioner no. 1 is also entitled to interest/dividend/bonus/consequential benefits, if any, accrued thereupon.
8.2 Succession Certificate be issued to the petitioner no. 1 on filing of corresponding court fees in terms of Article 12 Schedule I of Court Fees Act, 1870 as applicable in Delhi and Indemnity-cum-surety bond, within 30 days from today.
8.3 Petition is accordingly, disposed of. Digitally signed by SWAYAM SWAYAM SIDDHA SIDDHA TRIPATHY TRIPATHY Date:
2025.05.02 14:49:57 +0530 Pronounced in the (Swayam Siddha Tripathy) open Court on 01.05.2025 ACJ-CCJ-ARC, South West District, Dwarka Courts, New Delhi Succ Court 124/2024 Rajesh Kumar & Ors. v. State & Ors. Page 8 of 8