Delhi District Court
Indermeet Kaur Sethi vs The State on 27 July, 2022
IN THE COURT OF MS. RICHA SHARMA,
ADMINISTRATIVE CIVIL JUDGE-cum-COMMERCIAL
CIVIL JUDGE-cum-ADDITIONAL RENT CONTROLLER:
NORTH-WEST DISTRICT:
ROHINI DISTRICT COURTS: DELHI
Succession Petition No. 146/2021
CNR No. DLNW030018272021
Date of Institution : 25.09.2021
Date of Final Arguments : 27.07.2022
Date of Judgment : 27.07.2022
Final Order : Petition Allowed.
In the matter of:-
Indermeet Kaur Sethi,
W/o Late Sh. Harinder Singh Sethi,
R/o House No. JP-46, Maurya Enclave,
Pitampura, North-West, Delhi-110034. .............Petitioner
VERSUS
1. The State,
Through Secretary,
Govt. of NCT of Delhi.
2. State Bank of India,
Branch at:- Plot No. 230, Vaishali-Pitampura,
Pitampura, Delhi-110034.
3. Bhavneet Kaur Sethi,
W/o Sh. Charanjit Singh,
D/o Late Sh. Harinder Singh Sethi,
R/o House No. JP-46, Maurya Enclave,
Pitampura, North-West, Delhi-110034.
Presently at:-
1805, Anderson Road, Falls Church,
VA, 22043.
SCC No. 146/2021
Indermeet Kaur Sethi vs. State & Ors. Page No. 1 of 8
4. Sh. Amandeep Singh Sethi,
S/o Late Sh. Harinder Singh Sethi,
R/o House No. JP-46, Maurya Enclave,
Pitampura, North-West, Delhi-110034.
Presently at:-
14, IVY WAY,
N DARTMOUTH, MA, 02747, USA. .....Respondents
JUDGMENT ON PETITION UNDER SECTION 372 OF THE INDIAN SUCCESSION ACT
1. The present petition has been filed by the petitioner under Section 372 of Indian Succession Act, 1925 seeking issuance of succession certificate in respect of debts/securities etc. left by Late Sh. Harinder Singh Sethi (hereinafter referred to as "deceased") i.e. a sum of amount of Rs. 8,50,000.00/- lying in the Savings/Provident Fund Account bearing No. 10383859427 in the State Bank of India, Branch at Plot No. 230, PBB, Vaishali-Pitampura, Delhi-110034, in the name of the deceased.
2. As per the petition, the petitioner is the wife of the deceased Late Sh. Harinder Singh Sethi, who expired on 13.09.2019. At that time, he was ordinarily residing at House No. JP-46, Maurya Enclave, Pitampura, North- West, Delhi-110034. The petitioner, being the wife and Respondent No. 3 and 4 being the daughter and son of the deceased respectively, are the only legal heirs of the deceased. Succession certificate has been sought in respect SCC No. 146/2021 Indermeet Kaur Sethi vs. State & Ors. Page No. 2 of 8 of the amount lying with Respondent No. 2. It is stated, that there is no impediment to the grant of succession certificate under the Succession Act in favour of the petitioner as the other legal heirs i.e. Respondent No. 3 and 4 have given NOC in favour of the petitioner through VC as per the queries put forth by the Hon'ble Court and the reply in respect of the same have been received via court's email address.
3. After filing of present petition, notice was issued and general public was served through publication in daily newspaper 'Veer Arjun', Hindi edition dated 09.11.2021, to invite objections from the public at large to the grant of succession certificate to the petitioner, but none appeared from general public to oppose or contest the present petition.
4. LR report has been received from the concerned Tehsildar, Saraswati Vihar, as per which Smt. Indermeet Kaur Sethi (wife), Ms. Bhavneet Kaur Sethi (daughter) and Sh. Amandeep Singh Sethi (son) are the legal heirs of the deceased.
5. During the summary proceedings conducted as per Section 373 of the Indian Succession Act,1925, two witnesses were examined in Court and two appeared via VC.
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6. As PW-1 i.e. the petitioner, Smt. Indermeet Kaur Sethi tendered her evidence by way of affidavit i.e. Ex. PW1/A, on similar lines as the petition. It is submitted, that Will was executed by her husband in respect of the property and it is further stated, the assets of the deceased i.e. a sum of amount of Rs. 8,50,000.00/- lying in the Savings/Provident Fund Account bearing No. 1038385942-7 in the State Bank of India, Branch at: Plot No. 230, PBB, Vaishali- Pitampura, Delhi. It is further stated, that the other Class I heirs of the deceased i.e. Ms. Bhawneet Kaur Sethi (respondent no. 3) and Sh. Amandeep Singh Sethi (respondent no. 4) have appeared through VC and submitted, that they have no objection if the succession certificate is issued in favour of the petitioner and the reply in respect of the same has been taken on record via court's email address. Also, the affidavits of NOC on behalf of Respondent No. 3 and 4 have already been taken on record. She also relied upon the documents:-
Sl. Nature of Document Exhibited or
No. Marked as
1. Copy of certificate issued by Ex. PW-1/1 the Gazetted Officer containing the marriage details of the petitioner and the deceased
2. Copies of Aadhar Card of Ex. PW-1/2 deceased, petitioner, (colly) Respondent No. 3 and 4 SCC No. 146/2021 Indermeet Kaur Sethi vs. State & Ors. Page No. 4 of 8
3. Internet generated copy of Ex. PW-1/3 death certificate of deceased
4. Copy of Will dated Mark A 19.07.2019 executed by the deceased
5. Copy of Passbook of the Mark B deceased with SBI Bank (colly)
6. Copy of Schedule A bearing Ex. PW-1/6 the details of the LRs of the deceased
7. Copy of Schedule B Ex. PW-1/7 mentioning the particulars of debts and securities of the deceased
7. As RW-1 Sh. Mayank Kaushik, Senior Assistant, SBI, PBB, Pitampura, Delhi, produced the statement of account i.e. Ex. RW-1/1 (colly) testified, that there is closing balance of Rs. 8,57,281.75/- lying in the Savings Bank Account bearing No. 10383859427 in the name of Sh. Harinder Singh Sethi. It is further stated by him, that there is no nomination in respect of the said account. He also relied on the copy of his office I'd i.e. Ex. RW-1/2.
8. Respondent No. 3 and respondent No. 4 have appeared through VC as, at present, they are stationed abroad and submitted before the Court, that they have no objection if succession certificate in respect of their share is issued in favour of Smt. Indermeet Kaur Sethi i.e. the petitioner. The replies filed by both the respondents in respect of their SCC No. 146/2021 Indermeet Kaur Sethi vs. State & Ors. Page No. 5 of 8 NOCs via court's email address are Ex. RW-3/1 and RW- 4/1.
9. Vide separate statement of petitioner, PE stands closed vide order dated 27.07.2022 and the matter was listed for final arguments.
10.Final arguments were then advanced by Ld. Counsel for petitioner which have been duly considered with evidence on record.
11.From the material on record i.e. the copy of the death certificate of deceased Late Harinder Singh Sethi i.e. Ex. PW1/3, it stands proved, that the deceased Sh. Harinder Singh Sethi, expired on 13.09.2019. At that time, he was ordinarily residing at House No. JP-46, Maurya Enclave, Pitampura, North-West, Delhi, which confers the territorial jurisdiction on this court. As per the LR report received from the concerned Tehsildar, Saraswati Vihar, as per which Smt. Indermeet Kaur Sethi (wife), Ms. Bhawneet Kaur Sethi (daughter) and Sh. Amandeep Singh Sethi (son) are the legal heirs of the deceased.
12.From the testimony of RW-1, Sh. Mayank Kaushik, Senior Assistant, SBI, PBB, Pitampura, Delhi, it stands proved, that an amount of Rs. 8,57,281.75/-, lying with State Bank of India, Branch at: Plot No. 230, PBB, Vaishali-
SCC No. 146/2021Indermeet Kaur Sethi vs. State & Ors. Page No. 6 of 8 Pitampura, Delhi, in the name of the deceased. The remaining LRs of the deceased have already given NOC in favour of the petitioner. No impediment has been brought on record against grant of Succession Certificate in favour of the petitioner in respect of the assets in question.
13. Thus, considering, that the petitioner is one of the Class-I legal heirs of the deceased, being his wife and further considering, that the remaining class-I legal heirs of the deceased i.e. respondent no. 3 and 4 have already given NOC in favour of the petitioner, the petitioner is held entitled to succession Certificate in respect of the amount of Rs. 8,57,281.75/-, lying with State Bank of India, PBB, Pitampura, Delhi, in the name of the deceased.
14.The succession certificate be issued in favour of the petitioner on furnishing of an Indemnity Bond of the same value with one surety of like amount within one month from today. Petitioner to file court fees in terms of Article 12 Schedule 1 of the Court Fees Act as applicable to Delhi for issuance of succession certificate.
15.It is clarified, that succession certificate shall be considered only as an entitlement of the petitioner to receive the amount due towards Late Sh. Harinder Singh Sethi from concerned bank so as to discharge the debtor.
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16.File be consigned to the record room after completing necessary formalities.
Announced in the open court today i.e. 27th of July, 2022 (Richa Sharma) ACJ-cum-CCJ-cum-ARC (North West) Rohini Courts, Delhi/27.07.2022 SCC No. 146/2021 Indermeet Kaur Sethi vs. State & Ors. Page No. 8 of 8