Delhi District Court
Gursharan Singh Nanda vs State Of Govt Of Nct Of Delhi on 1 May, 2025
IN THE COURT OF Ms. TARUNPREET KAUR
Administrative Civil Judge - Commercial Civil Judge
Additional Rent Controller
South-East, Saket Courts, Delhi
Succ. Petition No. 177/2023
GURSHARAN SINGH NANDA Vs. STATE OF GOVT OF NCT OF
DELHI
Gursharan Singh Nanda
S/o Late Sh. Kuldip Singh Nanda
R/o C-66, Jangpura-B, Second Floor,
New Delhi-110014
...petitioner
Versus
1. The State NCT of Delhi
(Through SDM-Defence Colony)
Dist. South East
Old Gargi College Building
Lajpat Nagar IV,
New Delhi-110024
2. Harsharan Singh Nanda
S/o Late Sh. Kuldip Singh Nanda
R/o Backersvej 140 C,
Copenhagen, Denmark
...respondents
PETITION FOR GRANT OF SUCCESSION CERTIFICATE
UNDER SECTION 372 OF THE
INDIAN SUCCESSION ACT, 1925
1. Date of Institution of Petition : 04.10.2023
2. Arguments heard on : 01.05.2025
3. Date of Judgment : 01.05.2025
4. Decision : Petition Allowed
Succ. Court No. 177/23 Gursharan Singh Nanda Vs. State of NCT of Delhi Page No. 1/6
JUDGMENT
1. Vide this judgment, the present petition filed by petitioner namely Sh. Gursharan Singh Nanda for grant of succession certificate in his favour qua the debt and securities in the name of Late Sh. Kuldip Singh Nanda with the bank/company concerned in the form of balance credits, shall be disposed of.
2. In the petition, it is inter-alia pleaded that Late Sh. Kuldip Singh Nanda, who passed away intestate on 26.01.2017, was the father of petitioner and respondent no.2. It has been further pleaded that at the time of his death, the deceased was ordinarily residing at Jangpura, which falls within the territorial jurisdiction of this Court. It has been further pleaded that the wife of deceased (mother of petitioner and respondent no. 2) namely Late Smt. Tavinder Kaur Nanda has also expired and that she was the nominee in the policy concerned of the deceased. Therefore, the deceased has left behind only the petitioner and respondent no. 2 as his Class-I legal heirs.
3. The record of the Court file reflects that the general notice of this petition was given to public by way of publication in the newspapers "Veer Arjun" on 18.12.2024. In response to the said notice, no person from the general public came forward to offer any objection(s) qua grant of succession certificate to the petitioner.
Succ. Court No. 177/23 Gursharan Singh Nanda Vs. State of NCT of Delhi Page No. 2/64. During the summary proceedings conducted as per Section 373 of the Indian Succession Act, 1925, 03 witnesses were examined.
5. Through his testimony, PW-1 Sh. Gursharan Singh Nanda tendered his evidence by way of affidavit Ex.PW-1/D and he relied upon the following documents:
i. Ex.PW-1/A (petition);
ii. Ex. PW-1/1 (Copy page no. 38 & 40) (OSR) (copy of his Aadhar card & Passport);
iii. Ex. PW-1/2 (OSR) (Copy of death certificate of the deceased namely Late Kulip Singh Nanda);
iv. Ex.PW-1/3 (Colly pages 10 -26) (OSR) (copy of medical documents and Mediclaim Insurance Documents); v. Ex. PW-1/4 (OSR) (copy of legal notice dt. 31.01.2022);
vi. Ex. PW-1/5 (OSR) (copy of letter dt. 25.02.2022);
vii. Ex. PW-1/6 (OSR) (copy of death certificate of Late Mrs. Tavinder Kaur Nanda);
viii. Ex. PW-1/7 (NOC of respondent no. 2 Harsharan Nanda) ix. Ex. PW-1/C (copy of application filed U/o 6 Rule 17 CPC).
6. Further, RW-1 Sh. Ashwini Kumar, Patwari, SDM Office, Defence Colony, New Delhi brought the legal heir report of deceased Late Sh. Kuldip Singh Nanda and the same is Ex.RW1/A. Succ. Court No. 177/23 Gursharan Singh Nanda Vs. State of NCT of Delhi Page No. 3/6
7. Further, PW-2 Sh. Satyawan Yadav, Administrative Officer, National Insurance Company Ltd., Ajmeri Gate, New Delhi brought the details pertaining to National Insurance Policy no. 340100/46/16/8500000017 (group medical policy) in name of National Fertilizers Ltd. and Late Sh. Kuldip Singh Nanda. He further deposed that the amount payable under the said policy is Rs. 43,910/-. His authority letter is Ex.PW2/A and report is Ex.PW2/B (colly).
8. Further, respondent no. 2 Harsharan Singh Nanda had appeared before the court through VC during the course of the trial and he had submitted that the petitioner is his brother and that he has no objection if succession certificate is issued in favour of the petitioner.
9. The entire record as well as the testimonies of the witnesses have been perused. Final arguments addressed by counsel for petitioner have been heard. It is stated by counsel for petitioner that the policy concerned is in name of National Fertilizers Ltd. and the deceased. He further stated that a group medical policy had been issued by National Fertilizers Ltd., which was the employer of the deceased. He further stated that the said company is not having any claim in the policy concerned and all the relevant medical cards were in sole possession of the deceased.
10. Perusal of legal heir report Ex.RW1/A shows that Sh.
Gursharan Singh Nanda (petitioner, son) and Sh. Harsharan Succ. Court No. 177/23 Gursharan Singh Nanda Vs. State of NCT of Delhi Page No. 4/6 Singh Nanda (respondent no. 2, son) are the only Class I legal heirs of the deceased. Further, there is no impediment to issuance of succession certificate in favour of petitioner and also, no one came forward to oppose issuance of succession certificate despite publication in newspaper.
11. Therefore, in view of legal heir report Ex.RW1/A and NOC given by respondent no. 2, it is hereby ordered that succession certificate be issued in favour of petitioner Sh. Gursharan Singh Nanda qua the debts and securities in name of Late Sh. Kuldip Singh Nanda which are as follows:
S. Name of Policy Policy No. Type of Name of Closing No Holder Policy company Balance/ . Amount payable 1 Kuldip Singh 340100/46/16/ Group National Rs.
Nanda 8500000017 Medical Insurance 43,910/-
Policy Company Ltd.
Total Rs.
43,910/-
12. The succession certificate shall be considered only as an entitlement of the petitioner to receive the amount (with applicable interest till date, if any) due towards Late Sh. Kuldip Singh Nanda as referred above. The succession certificate shall not be considered as a direction to concerned bank/official to transfer the aforesaid amount to petitioner. The concerned bank/official shall be competent to seek compliance of formalities, if any, to be fulfilled for the said purpose.
Succ. Court No. 177/23 Gursharan Singh Nanda Vs. State of NCT of Delhi Page No. 5/613. Upon filing of indemnity bond and requisite Court fees of Rs. 878.2/- by petitioner, succession certificate be issued.
14. File be consigned to Record Room after due compliance as per law.
Digitally signed Announced in open Court TARUNPREET
KAUR
by TARUNPREET
KAUR
on 01st of May, 2025 Date: 2025.05.01
15:55:45 +0530
(TARUNPREET KAUR)
ACJ-cum-CCJ-cum-ARC,
South-East District, Saket Courts, ND
Succ. Court No. 177/23 Gursharan Singh Nanda Vs. State of NCT of Delhi Page No. 6/6