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Delhi District Court

Santosh Kumar Jain vs . State on 27 November, 2019

                                                                      SCC No. 80/18
                                                      Santosh Kumar Jain Vs. State
                                                       Date of Decision: 27.11.2019



THE COURT OF ADMINISTRATIVE CIVIL JUDGE cum ADDITIONAL
 RENT CONTROLLER cum COMMERCIAL CIVIL JUDGE, NORTH­
         WEST DISTRICT, ROHINI COURTS, DELHI

PRESIDED BY :­ SH. ARUN GOEL, DJS.

1.   Sh. Rajesh Kumar Jain
     S/o Late Sh. Santosh Kumar Jain
2.   Sh. Parveen Kumar Jain
     S/o Late Sh. Santosh Kumar Jain
     Both R/o A­44, Ashok Vihar
     Phase­II, Delhi­110052.
3.   Smt. Mamta Jain
     W/o Sh. Samir Jain
     D/o Late Sh. Santosh Kumar Jain
     R/o C­2, Chiktshalya Marg
     Bapu Nagar, Jaipur
     Rajasthan­302015.                                 ...Petitioners

                            VERSUS
1.   State.
2.   Union Bank of India
     (Through its Branch Manager)
     2/2, Desh Bandhu Gupta Road
     Pahar Ganj, New Delhi­110055.
3.   National Securities Depository Ltd.
     DP: Alankit Assignments Ltd. (IN300118)
     1E/13, Jhandewalan Extension
     New Delhi­110055.                               ...Respondents

         Petition No.                  SCC­80/18
         Petition for          Issuance of succession
                            certificate under Section 372
                               Indian Succession Act.
      Date of Institution            06.08.2018
        Date of Final                27.11.2019
         Arguments
     Date of Final Order             27.11.2019
         Final Order              Petition Allowed



                                                                      Page No. 1/6
                                                                             SCC No. 80/18
                                                            Santosh Kumar Jain Vs. State
                                                             Date of Decision: 27.11.2019



                                JUDGMENT

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 investments/debts/securities etc of Late Smt. Pushpa Devi Jain (hereinafter referred as "the deceased").

2. The relevant facts for disposal of the present petition are that the deceased Smt. Pushpa Devi Jain has expired on 03.01.2017. The deceased was the wife of petitioner. It is stated that the deceased had left behind petitioner/husband,, respondent no. 2 & 3/sons and respondent no. 4/daughter as her legal surviving members. It is further pleaded that the deceased had executed a WILL dated 10.07.2017 regarding her movable and immovable properties. Hence, the present petition has been filed by the petitioner for issuing succession certificate regarding all the debts/securities of the deceased.

3. General public was served through publication in daily newspaper 'Vir Arjun' dated 25.02.2019, but none appeared from general public to oppose or contest the present petition.

4. It is pertinent to mention here that during the proceedings of the present matter, the petitioner Sh. Santosh Kumar Jain has expired on 06.08.2018 and his legal heirs viz. Sh. Rajesh Kumar Jain (respondent no. 2), Sh. Parveen Kumar Jain (respondent no. 3) and Smt. Mamta Jain (respondent no. 4) were impleaded as the petitioners in the present petition vide order dated 28.11.2018.

5. The report regarding legal heirs of the deceased has been filed on behalf of Dr. Mohd. Rehan Raza, Sub­Divisional Magistrate, Saraswati Vihar, Delhi. As per the said report, the following are the legal heirs of the deceased:­ Page No. 2/6 SCC No. 80/18 Santosh Kumar Jain Vs. State Date of Decision: 27.11.2019 S. No. Name Relations

1. Mamta Jain Daughter

2. Rajesh Kumar Jain Son

3. Parveen Kumar Jain Son

6. The petitioners examined Sh. Rajesh Kumar Jain (petitioner no. 1) and Smt. Mamta Jain (petitioner no. 3) as RW­1 and RW­2 respectively. They both have tendered their no objections vide affidavits Ex. RW1/A and Ex. RW2/A. They both have tendered their no objections, if the succession certificate be issued in favour of the petitioner no. 2. Sh. Parveen Kumar Jain.

7. The petitioners further examined Sh. Rajeev Kumar, Senior Executive of M/s Alankit Assignment Limited, IE/13, Jhandewalan Extension, Delhi­55 as RW­3. He has brought the client master date having client ID No. 10703459 of Smt. Pushpa Devi Jain along with holding valuation statement which was exhibited as Ex. RW3/A (Colly, 2 pages).

8. The petitioners further examined Sh. Tarun Kumar, Deputy Branch Manager, Union Bank of India, Paharganj, New Delhi as RW­4. He has brought the statement of saving bank account bearing no. 357102010004617 of Smt. Pushpa Devi Jain which was exhibited as Ex. RW4/1 (Colly). As per record, there is a total sum of Rs. 3,17,572.40/­. He has also brought the receipt of fixed deposit receipt bearing no. 357103030179229 of Smt. Pushpa Devi Jain which was exhibited as Ex. RW4/2. As per record, there is a total sum of Rs. 19,88,602/­.

9. The petitioners further examined Sh. Parveen Kumar Jain, petitioner no. 2 as PW­1. He has tendered his evidence by way of affidavit Ex. PW1/A. He has relied upon the following documents:­ Page No. 3/6 SCC No. 80/18 Santosh Kumar Jain Vs. State Date of Decision: 27.11.2019 S. Details of documents Exhibited No.

1. Aadhar card of the Ex. PW1/1 (OSR) petitioner no. 2

2. Copy of WILL dated Ex. PW1/2 (OSR) 10.07.2013

3. Death certificate of Smt. Ex. PW1/3 (OSR) Pushpa Devi Jain

4. Death certificate of Sh. Ex. PW1/4 (OSR) Santosh Kumar Jain

10. The petitioners did not examine any other witness and vide order dated 20.11.2019, petitioner's evidence was closed.

11. I have heard the learned counsel for the petitioners and perused the material available on record.

12. 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/securities of the deceased Late Smt. Pushpa Devi Jain in favour of her aforementioned legal heirs:

S. Bank's Name A/C No. Type of Holder's Name Amount No. A/C
1. Union Bank of 35710201 Saving Smt. Pushpa Rs. 3,17,572.40/­ India, Paharganj, 0004617 Devi Jain New Delhi.
2. Union Bank of 35710303 FDR Smt. Pushpa Rs. 19,88,602/­ India, Paharganj, 0179229 Devi Jain New Delhi.

AND S. Name of ISIN ISIN Free+Ple Rate (in Holder's No. Company DESCRIPTION dge+Loc Rs.) Name k Page No. 4/6 SCC No. 80/18 Santosh Kumar Jain Vs. State Date of Decision: 27.11.2019

1. INE028 BANK OF 22.000 125.90 A01039 BARODA, EQ NEW FV RS. 2/­

2. INE03JI DIGICONTENT 48.000 12.20 National PUSHPA 01017 LIMITED EQ Securities DEVI

3. Depository INE501 HT MEDIA 195.000 28.35 JAIN Limited G01024 LIMITED NEW EQ DP: ALANKIT RS. 2/­

4. ASSIGNMENTS INE092 IDFC FIRST BANK 531.000 42.95 LTD T01019 LIMITED EQ (IN300118)

5. INE043 IDFC LIMITED EQ 531.000 35.85 D01016

6. INE802 JET AIRWAYS 10.000 56.20 G01018 (INDIA) LIMITED EQ

7. INE668 JYOTHY 200.000 164.10 F01031 LABORATORIES LIMITED EQ NEW RE. 1/­

8. INE498 L AND T FINANCE 353.000 121.75 L01015 HOLDINGS LIMITED EQ

9. INE141 ORIENTAL BANK 500.000 89.30 A01014 OF COMMERCE EQ

10. INE752 POWER GRID 286.000 204.75 E01010 CORPORATION OF INDIA LIMITED EQ

11. INE160 PUNJAB 165.000 74.35 A01022 NATIONAL BANK EQ NEW FV RS.

2/­

12. INE013 RELIANCE 3.000 59.25 A01015 CAPITAL LIMITED EQ

13. INE330 RELIANCE 60.000 1.65 H01018 COMMUNICATION S LIMITED EQ

14. INE217 RELIANCE HOME 3.000 12.75 K01011 FINANCE LIMITED EQ

15. INE002 RELIANCE 268.000 1280.10 A01018 INDUSTRIES Page No. 5/6 SCC No. 80/18 Santosh Kumar Jain Vs. State Date of Decision: 27.11.2019 LILMITED EQ

16. INE036 RELIANCE 4.000 48.95 A01016 INFRASTRUCTURE LIMITED EQ

17. INE614 RELIANCE POWER 15.000 4.05 G01033 LIMITED EQ. NEW RS. 10

18. INE122 TULIP TELECOM 25.000 1.53 H01027 LIMITED EQ NEW RS. 2/­

19. INE669 VODAFONE IDEA 344.000 11.35 E01016 LIMITED EQ

13. Accordingly, Succession Certificate regarding the aforesaid amount of deceased Smt. Pushpa Devi Jain is ordered to be issued in favour of petitioner no. 2 Sh. Parveen Kumar Jain on furnishing of an Indemnity Bond of the same value with one surety of like amount within one month from today. Petitioner no. 2 is also directed to file the Court Fees for issuance of succession certificate on the basis of the market value of the share on the date of judgment.

Digitally signed 
                                                                   ARUN          by ARUN GOEL
                                                                                 Date:
                                                                   GOEL          2019.11.27
                                                                                 15:15:21 +0530

Announced in the open court                                         (ARUN GOEL)
on 27th day of November 2019                              ACJ­cum­CCJ­cum­ARC (N­W)
(This judgment contains 6 pages and each page                     Rohini Courts, Delhi
has been signed by me)




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