Delhi District Court
Sh. Mukesh vs . State Of Nct Of Delhi & Ors on 10 January, 2013
SH. MUKESH vs. STATE OF NCT OF DELHI & ORS
IN THE COURT OF SH. RAVINDER SINGH, ADMINISTRATIVE
CIVIL JUDGE (EAST), KARKARDOOMA COURTS, DELHI
PETITION NO.: SC100/2012
Unique Case ID No.:02402C0279852012
IN THE MATTER OF:
Sh. Mukesh
S/o Late Sh. Mohan Lal
R/o E29/234, Block6,
Jhuggi, Khichripur,
New Delhi110091. ........ Petitioner
VERSUS
1. The State of NCT Delhi
Through its Chief Secretary, Delhi
Secretariat Players Building,
I.P. Eastate, New Delhi.
2. Delhi Transport Corporation
Through Chairmancummanaging Director
Office at DTC HQ., I.P. Estate, Delhi.
3. Smt. Veervati
W/o Sh. Brijesh Kumar
PETITION NO.:SC100//2012 Page1/7
SH. MUKESH vs. STATE OF NCT OF DELHI & ORS
R/o E29/234, Block6,
Jhuggi, Khichripur,
New Delhi110091.
4. Sh. Umesh Chand
S/o Late Sh. Mohan Lal
R/o E29/234, Block6,
Jhuggi, Khichripur,
New Delhi110091.
5. Smt. Rakhi
W/o Sh. Manoj
D/o Late Sh. Mohan Lal
R/o Village Hardoi, Tehsil & Post & PS Sefai,
Distt, Itawah, U.P. ...... Respondents
DATE OF INSTITUTION: 28.09.2012
DATE OF RESERVING THE ORDER: 10.01.2013
DATE OF DECISION: 10.01.2013
PETITION U/S 372 of INDIAN SUCCESSION ACT
JUDGMENT
1. This is a succession petition filed by Sh. Mukesh (hereinafter called petitioner), in respect of debt and securities left by his deceased father Sh. Mohan Lal who expired on 07.04.2012 in Delhi. The PETITION NO.:SC100//2012 Page2/7 SH. MUKESH vs. STATE OF NCT OF DELHI & ORS petitioner is claiming succession certificate for a total amount of Rs. 4,96,321/ in the form of terminal/ service benefits including gratuity, PF, Bonus & Leave encashment lying with DTC Department in the name of his deceased father Sh. Mohan Lal.
2. Petitioner also alleged that his deceased father has left behind he himself, Smt. Veervati, Umesh Chand and Smt. Rakhi (hereinafter called respondent no. 3 to 5 respectively) being his legal heirs. Petitioner further alleged that respondent no.3 to 5 have no objection if succession certificate regarding debt & securities of his deceased father be issued in his favour. Petitioner further alleged that he being one of the legal heir of deceased, is entitled to obtain succession certificate and therefore is no impediment to grant succession certificate to him under Indian Succession Act.
3. Notice of petition was given to general public by way of publication in newspaper 'The Hindu' dated 15.12.2012 whereas notice of petition was also served upon respondent no. 2 to 5. PETITION NO.:SC100//2012 Page3/7
SH. MUKESH vs. STATE OF NCT OF DELHI & ORS
4. Objection to the petition has not been received from any member of general public.
5. Respondent no.2 filed his written statement/ reply to the petition wherein he deposed that deceased Sh. Mohal Lal was the employee of DTC and deceased was opted the pension from DTC department. The details of amount is as under:
1. Gratuity Rs.4,44,609.00
2. PF Rs.46,315.00
3. Bonus and Leave Encashment Rs.5,397.00 Respondents no.3, 4 & 5 made their statement as RW1, RW2 and RW3 respectively that they are also the legal heirs of the deceased besides the petitioner. RW1, RW2 and RW3 further deposed that they have no objection for issuance of succession certificate in respect of debts & securities of the deceased in favour of petitioner. RW1,RW2 & RW3 proved their no objection cum affidavit as Ex.RW1/1, Ex.RW2/1 and Ex.RW3/1 respectively. RW1 also proved the copy of her school leaving certificate for her identification as Ex.RW1/2(OSR), RW2 proved the copy of his Adhar card for his identification as Ex.RW2/2 (OSR) and RW3 proved the copy of her voter ID card for her PETITION NO.:SC100//2012 Page4/7 SH. MUKESH vs. STATE OF NCT OF DELHI & ORS identification, Ex.RW3/2(OSR).
6. Petitioner also examined himself as PW1. He produced and proved the death certificate of his deceased father Sh. Mohan Lal as Ex.PW1/1; Death certificate of his mother Smt. Omwati as Ex.PW1/2; Copy of WS of respondent no.2 Ex.PW1/3; copy of his card Ex.PW1/4; copy of newspaper 'The Hindu' as Ex.PW1/5.
PW1 deposed that his mother has also expired on 16.02.2011. PW1 further deposed that besides himself, one brother namely Umesh Chand and two sister namely Smt. Veervati & Smt. Rakhi are also the other legal heirs of his deceased father. Petitioner further deposed that other legal heirs i.e. Umesh Chand, Smt. Veervati and Smt. Rakhi have no objection if succession certificate be issued in his favour in respect of debts and securities of the deceased. Petitioner further deposed he is claiming succession certificate for a total amount of Rs.4,96,321/ in the form of terminal/ service benefits including gratuity, PF, Bonus & Leave encashment lying with DTC Department in the name of his deceased father Sh. Mohan Lal.
PETITION NO.:SC100//2012 Page5/7
SH. MUKESH vs. STATE OF NCT OF DELHI & ORS
7. I have heard the argument of the ld. counsel for petitioner and also perused the case file.
8. Petitioner filed this succession petition being son of the deceased. He proved that his father and mother has been expired on 07.04.2012 and 12.08.2012 respectively and their death certificate are Ex.PW1/1 and Ex.PW1/2 respectively. He also proved that Smt. Veervati, Umesh Chand & Smt. Rakhi i.e. RW1, RW2 and RW3 are the other legal heirs of the deceased and they have no objections if succession certificate be granted in his favour. The testimony of PW1 is corroborated with the testimony of RW1, RW2 and RW3 as they also deposed that their father has expired and they have no objection if succession certificate be issued in favour of PW1 regarding debts and securities of the deceased. In view of this discussion, I am of the considered opinion that there is no impediment in issuing a succession certificate in favour of petitioner in respect of debt and securities left by the deceased Sh. Mohan Lal in the form of terminal/ service benefits including gratuity, PF, Bonus & Leave encashment lying with DTC Department .
PETITION NO.:SC100//2012 Page6/7
SH. MUKESH vs. STATE OF NCT OF DELHI & ORS
9. In view of aforesaid discussion, petition is allowed, accordingly, I direct that a succession certificate be issued in favour of petitioner namely Sh. Mukesh in respect of debts & securities of the deceased Sh. Mohan Lal, amounting to Rs.4,96,321/ in the form of terminal/ service benefits including gratuity, PF, Bonus & Leave encashment lying with DTC Department; on filing of requisite court fee and on furnishing an indemnity bond with one surety within 15 days.
10. No further orders are required to be passed in the matter. File be consigned to record room after necessary compliance.
Announced In Open Court (RAVINDER SINGH)
10.01.2013 Administrative Civil Judge(East)
Karkardooma Courts,Delhi
PETITION NO.:SC100//2012 Page7/7