Delhi District Court
Neera Rani vs The State (Govt. Of Nct Of Delhi) on 6 February, 2023
IN THE COURT OF SWATI GUPTA,
ACJ-CUM-ARC-CUM-CCJ,NDD, PHC, NEW DELHI
SUCCESSION CASE NO. 36/2022
Neera Rani
D/o Late Sh. Pratap Chand Jain
W/o Sh. Naresh Nath
R/o 32, Hanuman Road,
New Delhi-110001. ..... Petitioner
Versus
1. The State (Govt. of NCT of Delhi)
Through the Concerned SDM (Chanakyapuri)
12/1, Jam Nagar House,
Shahjahan Road, New Delhi-110011.
2. Link Intime India Pvt. Ltd.
Through its Directors
Nodel Heights 1st Floor, Plot No.NH-2
C-1 Block, LSC Near Savitri Market
Janakpuri, New Delhi-110058. ..... Respondents
PETITION FOR GRANT OF SUCCESSION CERTIFICATE
UNDER SECTION 372 OF THE INDIAN SUCCESSION ACT, 1925
Date of institution of the petition : 05.03.2022
Arguments heard : 06.02.2023
Date of pronouncement of judgment : 06.02.2023
Final Judgment : Allowed.
JUDGMENT
1. Petitioner has applied for succession certificate under Section 372 of the Indian Succession Act, 1925 in respect of SC No. 36/2022 Page No. 1 of 4 Neera Rani Vs State & Anr.
debts/ securities held in the name of her father deceased Late Sh. Pratap Chand Jain. The details of debts/ securities are as follows:
SI. Particulars of debts/ securities No.
1. 150 shares of Whirlpool India Limited bearing Folio No.P01267 and face value of Rs.10/- each held in the name of Sh. Pratap Chand Jain.
2. It is the case of the petitioner that petitioner is the daughter of deceased Late Sh. Pratap Chand Jain, who died intestate on 28.10.2016. It is prayed that succession certificate be issued in favour of the petitioner in respect of aforesaid debts / securities of the deceased.
3. Notice of the petition was issued upon respondents, general public & SDM/EM. Notice of the petition was issued to general public by way of publication made in newspapers "Veer Arjun" dated 09.04.2022 and "The Statesman", dated 08.04.2022 for inviting objections, if any, from general public. Despite publication, no objection to the grant of succession certificate in favour of petitioner was received from general public.
4. In response to notice, the respondent no.2/Link Intime India Pvt. Ltd. has filed its reply stating that they are the registrar and share transfer agents of Whirlpool of India Ltd. It is stated that as per their record, Sh. Pratap Chand Jain was having 150 shares of Whirlpool of India Ltd. having Folio No.001267P, Share Certificate No.691379, Dist. No.406481-406630. Report of SDM, Chanakya Puri was also filed. As per the said report, petitioner is the only surviving member of deceased Late Sh. Pratap Chand Jain.
SC No. 36/2022 Page No. 2 of 45. In the petitioner's evidence, petitioner examined herself as PW1, tendered her affidavit as Ex.PW1/A and relied upon the following documents:
i) Copies of her Aadhar card and PAN card - Ex.PW1/1 & Ex.PW1/2(OSR);
ii) Copy of death certificate of her deceased father-
Ex.PW1/3 (OSR).
6. Thereafter, PE was closed.
7. I have heard the final arguments and carefully perused the record.
8. Petitioner has filed CA certified valuation certificate. As per the said certificate, total market value of 150 equity shares of Whirpool India Ltd. having face value of Rs. 10/- each, is Rs.2,11,350/-, as on 25.01.2023.
9. It is settled law that grant of succession certificate does not in any way amounts to deciding the title of the property in question and the succession certificate is granted for a limited purpose on the basis of prima facie title. The provision of Section 375 Indian Succession Act also ensures that the rightful claimant, if any, may be duly indemnified by the holder of succession certificate.
10. Respondents / general public / legal representative of deceased in question did not raise any objection pertaining to present application, despite publication in newspapers. As per report of SDM, Chanakya Puri, petitioner is the only surviving member of deceased Late Sh. Pratap Chand Jain.
11. In view of above discussions, I find that there is no impediment to the grant of succession certificate in favour of petitioner (Class-I legal heir/ daughter of deceased) for SC No. 36/2022 Page No. 3 of 4 Neera Rani Vs State & Anr.
transmission/receiving the aforesaid debts / securities (including dividend, ancillary benefits, interest, if any) held in the name of deceased Late Sh. Pratap Chand Jain ( father of petitioner) as mentioned in Para 1, 4 & 8 of this Judgment. Consequently, the present petition is allowed and succession certificate be issued to petitioner for transmission/receiving the aforesaid debts/securities, on filing of requisite Court Fees of Rs.4227/- only in terms of Article 12, Schedule I of the Court Fee Act, 1870 as applicable to Delhi along with an indemnity bond of the petitioner in the sum of Rs.2,11,350/-. Since the petitioner is the sole Class-I legal heir of the deceased, the condition of furnishing surety bond in the present case is waived.
12. File be consigned to Record Room after due compliance.
Announced in the open (SWATI GUPTA) court on 06.02.2023. ACJ/CCJ/ARC, NDD, PHC NEW DELHI : 06.02.2023 SC No. 36/2022 Page No. 4 of 4 Neera Rani Vs State & Anr.