Delhi District Court
Shanti Devi vs . State Of Nct & Delhi & Ors. on 9 October, 2019
Shanti Devi Vs. State of NCT & Delhi & Ors.
IN THE COURT OF SH. DR. PANKAJ SHARMA
ACJCCJARC(EAST), KARKARDOOMA COURTS, DELHI
SC No. 80/2018
IN THE MATTER OF:
Smt. Shanti Devi
W/o Late Sh. Vikram Mistry @ Vikram Sharma
R/o R54, Gautam Marg,
East Vinod Nagar,
Delhi110091. ...Petitioner
VERSUS
1. STATE OF NCT & DELHI
2. The Post Master
Post Office Kalyanvas
Delhi110091.
3. Sh. Gautam Sharma
S/o Late Sh. Vikram Sharma
R/o R54, Gautam Marg,
East Vinod Nagar,
Delhi110091.
4. Mrs. Shobha Sharma
D/o Late Sh. Vikram Sharma
W/o Sh. Virender Sharma
R/o Kh. No. 616 & 617, DBlock,
Hari EnclaveI, Kirari Suleman Nagar,
Sultanpuri, North West Delhi.
SC No. 80/2018 Page No. 1/4
Shanti Devi Vs. State of NCT & Delhi & Ors.
Delhi110066.
5. Sh. Govind Parsad Sharma
S/o Late Sh. Vikram Sharma
R/o R54, Gautam Marg,
East Vinod Nagar,
Delhi110091. ...Respondents
DATE OF INSTITUTION : 19/09/2018
DATE OF RESERVING THE ORDER : 09/10/2019
DATE OF DECISION : 09/10/2019
JUDGMENT
1. The present petition has been filed under section 372 of the Indian Succession Act, 1925 by Smt. Shanti Devi (hereinafter called petitioner), in respect of saving account no. 5995411639, having balance of Rs. 1,84,550/, lying with the respondent no. 2 i.e. Post Office, Kalyanvas, left behind by deceased Vikram Mistry @ Vikram Sharma, who expired on 16/10/2017. Petitioner is the wife of deceased late Sh. Vikram Mistry @ Vikram Sharma. Respondent no. 3 and 5 are the sons of deceased and respondent no. 4 is daughter of deceased.
2. The petitioner is governed by Hindu Law.
3. The Notice of the present petition was given to the State(respondent no. 1) by way of publication for the general public in the newspaper 'Veer Arjun' dated 21/08/2019. Notice was also served upon respondents No. 2 to 5. On behalf of respondent no. 2 i.e. Post Office, Kalyanvas, Sh. Rakesh Kumar, PRIP, appeared and made a statement as RW1 and filed the SC No. 80/2018 Page No. 2/4 Shanti Devi Vs. State of NCT & Delhi & Ors.
statement of account of deceased as Ex. RW1/1.
4. No member of general public has filed any objection to the petition, whereas respondent No. 3 to 5 made their statements as RW2, RW3 and RW4 respectively to the effect that they have no objection if the present petition is allowed in favour of petitioner. They also proved their I.D. Proofs as Ex. RW2/1, Ex. RW3/1 and Ex. RW4/1 respectively.
5. To prove her case, the petitioner examined herself as PW1.
6. In her evidence affidavit Ex. PW1/A, PW1 deposed that deceased late Sh. Vikram Mistry @ Vikram Sharma was her husband and father of respondent no. 3 to 5, who expired on 16/10/2017 at Max Super Speciality Hospital, Vaishali, Ghaziabad, U.P. She further deposed in her affidavit Ex. PW1/A that her deceased husband was maintaining saving account no. 5995411639 in Post Office, Kalyanvas, Delhi, leaving behind a balance of Rs. 1,84,550/. She also proved her identity through photocopy of her Aadhar Card as Ex. PW1/1 (OSR), photocopy of death certificate of deceased late Sh. Vikram Sharma as Ex. PW1/2 (OSR), publication in newspaper 'Veer Arjun' as Ex. PW1/3. She also relied upon the document i.e. statement of account of deceased filed by RW1 already Ex. RW1/1.
7. Based on the deposition of PW1, RW1, RW2, RW3 and RW4, supported by the documents related to the account in question in the name of deceased, there is no reason for the court to doubt that the petitioner is not entitled to the issuance of a Succession Certificate qua the amount reflected in Ex. RW1/1.
SC No. 80/2018 Page No. 3/4Shanti Devi Vs. State of NCT & Delhi & Ors.
8. Since the last place of residence of the deceased is reflected to be within the territorial jurisdiction of this court, there is no bar to the grant of relief on the ground of jurisdiction.
9. The court finds no impediment to the grant of Succession Certificate to the petitioner.
10. The present petition is allowed. It is directed that a succession certificate be issued in favour of the petitioner namely Shanti Devi in respect to the amount deposited with respondent no. 2 vide Account No. 5995411639 of deceased, as reflected in Ex. RW1/1, along with any further interest accrued.
11. Let requisite court fee and an indemnity bond with one surety of like amount be furnished within 15 days by petitioner.
12. File be consigned to Record Room.
Digitally signed by PANKAJAnnounced in open Court. PANKAJ SHARMA Date: Delhi Dated the 09/10/2019 SHARMA 2019.10.09 16:03:33 This Judgment contains 4 pages +0530 and each page is signed by me. (Dr. PANKAJ SHARMA) ACJcumCCJcumARC(E) KKD Courts, Delhi SC No. 80/2018 Page No. 4/4