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Delhi District Court

Smt. Sunita Sharma vs State on 30 January, 2012

             IN THE COURT OF SH. VINOD KUMAR GAUTAM :
                        ACJ­cum­ARC : (NORTH) DELHI. 


In Re :          Succession Case No. 18/2011
                 Unique Case ID No. 02401C0253912011.


Smt. Sunita Sharma 
W/o late Sh. Bharat Bhushan
R/o 313/101P, Tulsi Nagar,
Delhi­110035.                                                            Petitioner.


                                             Versus.

1. State.

2. Sh. Nishant Bhardwaj
   S/o late Sh. Bharat Bhushan

3. Ms. Meenakshi Bhardwaj
   D/o late Sh. Bharat Bhushan
   Both R/o 313/101P, Tulsi Nagar,
   Delhi­110035.

4. Master Capital Services Ltd. (IN 301143)
           th
   1012, 10  Floor, Arunachal Building,
   19, Barakhamba Road,
   New Delhi­110001                                                       Respondents.
SC No. 18/2011                                                                      Page no. 1 / 5
 Date of Institution of Case :                    07/04/2011
Date on which Order was reserved : 30/01/2012
Date of Pronouncement of Order :    30/01/2012


                                           JUDGMENT.

The present petition under Section 372 of the Succession Act, 1925 for grant of succession certificate has been filed by the petitioner Smt. Sunita Sharma in her favour in respect of the shares in the de­mate account ID 10078869 with Master Capital Services Ltd. as mentioned in the schedule Annexure 'I' to this petition left behind by deceased Sh. Bharat Bhushan, who died on 20/04/2007 at Delhi.

After filing of this petition, notice of filing of this petition was given to the general public by way of publication in the newspaper 'Mahamedha' dated 25/04/2011 but none has appeared from general public to oppose or contest the present petition.

The deceased Bharat Bhushan was the husband of the petitioner and he expired on 20/04/2007. In order to prove her case, the petitioner has examined herself as PW1 on record by way of affidavit reiterating and reaffirming the stand taken by her in the present petition. SC No. 18/2011 Page no. 2 / 5 She has proved on record various documents such as the original death certificate of the deceased Sh. Bharat Bhushan, original acknowledgment of de­mate account, original receipt of de­mate account, original receipt and acknowledgment dated 06/09/2000 and 18/09/2000 of respondent no.4 (colly), client master list, copy of death certificate of mother of the deceased (OSR), copy of death certificate of father of the deceased (OSR), copy of ration card of the petitioner (OSR) and the statement of holding dated 24/03/11 (schedule) as Ex.PW1/1 to Ex.PW1/9 respectively and copy of ration card in the name of deceased as mark X. Sh. Nishant Bhardwaj and Ms. Meenakshi Bhardwaj, who are respondent no. 2 & 3 and son and daughter respectively, are also the legal heirs of late Sh. Bharat Bhushan, who have also given their joint statement and filed no objection certificates regarding granting of succession certificate in favour of the petitioner.

Separate statement of Sh. Praveen Kumar, Asstt. Manager (Legal) is recorded separately regarding no objection for grant of SC No. 18/2011 Page no. 3 / 5 succession certificate in favour of the petitioner, who has been authorised to give statement on behalf of the respondent no.4. Board resolution / authority letter is also attached, which is Ex.RW4/A. There is no other Class I legal heir of the deceased except the petitioner and above named legal heirs, who have given their no objection certificate for grant of succession certificate in favour of petitioner.

Therefore, in the light of the aforesaid discussion, I am of the considered opinion that there is no impediment for grant of succession certificate in favour of the petitioner Smt. Sunita Sharma. I, accordingly, direct that the Succession Certificate be issued in favour of the petitioner Smt. Sunita Sharma W/o late Sh. Bharat Bhushan in respect of the shares in the de­mate account ID 10078869 with Master Capital Services Ltd. as mentioned in the schedule Annexure 'I' to this petition left behind by deceased Sh. Bharat Bhushan and the photocopies of which were exhibited by the petitioner in her evidence on filing of requisite court fees and on filing of the indemnity bond with one SC No. 18/2011 Page no. 4 / 5 surety, within 15 days. No further orders are required to be passed.

File be consigned to Record Room.

Announced in the open Court today on 30 day of January, 2012 th (VINOD KUMAR GAUTAM) ADMINISTRATIVE CIVIL JUDGE cum­ADDITIONAL RENT CONTROLLER (NORTH) TIS HAZARI COURT: DELHI.

SC No. 18/2011 Page no. 5 / 5