Delhi District Court
Sh. Pawan Rai vs The State (Nct Of Delhi) on 5 December, 2016
IN THE COURT OF SH. BHUPINDER SINGH, ADMINISTRATIVE CIVIL
JUDGECUMARC (NORTH WEST) ROHINI COURTS, DELHI
Petition No. : SCC53461/16
Date of Institution : 28.05.2016
Date of arguments : 05.12.2016
Date of order : 06.12.2016
In the matter of:
1. Sh. Pawan Rai
2. Sh. Deepak Rai
Both S/o. Late Sh. Jyotish Rai & Smt. Gambhira Devi
Both R/o. B135/7, BBlock, Vijay Vihar,
Sector4, Rohini, Delhi ....Petitioners
Versus
1. The State (NCT of Delhi) ....Respondent
J U D G M E N T:
1. Vide this judgment, I shall dispose off the petition filed under section 372 of the Indian Succession Act, 1925 for obtaining succession certificate in respect of debts/securities etc of Late Smt. Gambhira Devi W/o. Late Sh. Jyotish Rai (deceased).
2. The relevant facts for the disposal of the present petition are that mother of the petitioners expired on 23.05.2015. She was ordinarily residing at B 135/7, Vijay Vihar, PhaseII, Sector4, Rohini, Delhi. It is stated that the deceased had left behind the petitioner no. 1 and petitioner no. 2//sons as her legal heirs.
The present petition has been filed for the grant of succession certificate in respect of following debts and securities lying in the name of the deceased.
SCC NO. 53461/16 Pawan Rai Vs. State 2S. No. Details of Debts and Securities
1. Fixed Deposit Receipt bearing no. 3108757, Sub Postmaster, Post Office, Mangolpuri, ABlock, Delhi110083.
2. Account bearing no. 268560, Sub Postmaster, Post Office, Mangolpuri, ABlock, Delhi110083. It is further pleaded that deceased had not executed any will and thus there is no impediment in grant of succession certificate in respect of above said debts and securities.
3. General public was served through publication in daily newspaper 'Veer Arjun' dated 19.08.2016 but none appeared from general public to oppose or contest the present petition.
Report regarding LRs of deceased from the office of SDM (Rohini) has been received. As per report following are the surviving members of the deceased Smt. Gambhira Devi:
1. Sh. Pawan Rai Son
2. Sh. Deepak Rai Son
4. In support of her petition, petitioner no. 1 examined himself as PW1 and tendered her evidence by way of affidavit Ex. PW1/A. He also relied upon documents i.e. report of the Tehsildar as Ex. PW1/1, account statement as Ex. PW1/2, account statement filed by post office as Ex. PW1/3, original death certificate of Sh. Jyotish Rai and Gumbhira Devi as Ex. PW1/4 and Ex. PW1/5, passbook of account as Ex. PW1/7, voter ID card of Deepak Rai as Ex. PW1/10.
Copy of FD marked as Mark A. Ex. PW1/6 was deexhibited and was marked as Mark B which is voter ID of Smt. Gumbhira Devi.
SCC NO. 53461/16 Pawan Rai Vs. State 2Ex. PW1/8 and Ex. PW1/9 were deexhibited and marked as Mark C and D which were voter ID card and adhar card of Sh. Pawan Rai respectively.
Ex. PW1/11 was deexhibited and was marked E.
5. Heard.
6. Considering the above stated facts, this Court is of the opinion that there is no impediment in grant of Succession Certificate in respect of following debts and securities lying in the name of the deceased Late Sh. Jyotish Rai & Smt. Gambhira Devi.
S. NO. Details of Debts and Securities Amount (Rs.)
1. Account bearing no. 7916920129, Sub 33,538.60/ Postmaster, Post Office, Mangolpuri, ABlock, Delhi110083.
2. Account bearing no. 7917027775, Sub 44,267/ Postmaster, Post Office, Mangolpuri, ABlock, Delhi110083.
Total: 77,805.60/
7. Accordingly, Succession Certificate is ordered to be issued in favour of the petitioners to the extent of ½ share each on furnishing of an Indemnity Bond of the same value with one surety of like amount within one month from today. Requisite court fees be paid for issuance of succession certificate.
File be consigned to Record Room.
Announced in the open court (BHUPINDER SINGH) on 06.12.2016 ACJCUMARC NORTHWEST ROHINI COURTS, DELHI This judgment contains three pages & each page has been signed by me.
SCC NO. 53461/16 Pawan Rai Vs. State 2 SCC. No.53461/16Pawan Rai & Anr. vs. State 06.12.2016 Present: Sh. Pradeep Kumar, Ld. counsel for petitioner Vide separate judgment of even date, petition filed u/s 372 of the Indian Succession Act, 1925 is allowed and disposed off.
File be consigned to Record Room.
(BHUPINDER SINGH) ACJcumARC (North West) Rohini Courts, Delhi/06.12.2016 SCC NO. 53461/16 Pawan Rai Vs. State 2