Delhi District Court
Ramrati Devi vs State, Govt. Of Nct Of Delhi And Others on 14 March, 2024
IN THE COURT OF MS. ANURADHA JINDAL,
ADMINISTRATIVE CIVIL JUDGE-CUM-COMMERCIAL
CASES JUDGE-CUM-ADDITIONAL RENT
CONTROLLER, SOUTH WEST DISTRICT, DWARKA
COURTS, NEW DELHI
CNR No. : DLSW03-001649-2023
Under Section : 372 of The Indian Succession Act,
1925
Ramrati Devi versus The State & Ors.
a) Succession Court Case No. : 103/2023
b) Name & address of the : Ramrati Devi,
petitioner W/o Late Sh. Maman
Singh Dahiya,
R/o House No. 170, Durga
Vihar, Phase-1, Najafgarh,
Dindarpur, South-West,
Delhi-110043.
c) Name & address of the : 1. The State, Govt. of
respondents NCT of Delhi,
2. The Bank Manager,
Punjab National Bank,
Branch at Paprawat,
Najafgarh, New Delhi.
3. Harsh Dahiya,
S/o Late Sh. Maman Singh
Dahiya,
4. Nishant Dahiya,
S/o Late Sh. Maman Singh
Dahiya,
Succ Court 103/2023 Ramrati v. The State & Anr. Page 1/9
5. Bharti Dahiya,
D/o Late Sh. Maman
Singh Dahiya,
All respondents no. 3 to 5
R/o House No. 170, Durga
Vihar, Phase-1, Najafgarh,
Dindarpur, South-West,
Delhi-110043.
Date of Institution of petition : 31.05.2023
Date of pronouncement of judgement : 14.03.2024
Petition under section 372 of The Indian Succession Act, 1925
for grant of succession certificate in respect of the debts &
securities of deceased, Sh. Maman Singh Dahiya.
JUDGEMENT
1. The Case 1.1 The present petition has been filed by the petitioner for grant of succession certificate under section 372 of The Indian Succession Act, 1925 (hereinafter referred to as the "Act"), in respect of debts and securities of the deceased namely, Sh. Maman Singh Dahiya.
2 Petitioner's Case:
2.1 The case of the petitioner is that petitioner is the wife of the deceased who expired on 26.02.2019. The deceased was the resident of House no. 170, Durga Vihar, Phase-1, Najafgarh, New Delhi-110043. The deceased was survived Succ Court 103/2023 Ramrati v. The State & Anr. Page 2/9 by four Class-1 legal heirs i.e. petitioner who is stated to be the wife of the deceased, respondent no. 3 and respondent no. 4 who are stated to be the sons of the deceased and respondent no. 5 who is stated to be the daughter of the deceased.
2.2 The petitioner has approached this Court with the instant petition seeking grant of Succession Certificate in respect of securities of the deceased, i.e. amount lying in the FDR account no. 308100MP00000306 maintained with Punjab National Bank having branch at Paprawat, New Delhi.
3 Summoning of the Respondents:
3.1 Notice of the petition was ordered to be published in newspaper and accordingly, publication was effected through newspaper titled as "Veer Arjun" dated 02.08.2023, however, none appeared on behalf of public at large, to raise any objection to grant of succession certificate in favour of the petitioner.
4. Respondent's Case:
4.1 Pursuant to the notice, official from Punjab National Bank/respondent no. 2 appeared and filed statement of account in respect of FDR account no.
308100MP00000306 in the name of the deceased maintained by it.
4.2 Respondent no. 4 and respondent no. 5 appeared before the Court and submitted that they have no objection to the grant of succession certificate in favour of the petitioner.
Succ Court 103/2023 Ramrati v. The State & Anr. Page 3/9They filed their Affidavit-cum-No-objection Certificates in this regard.
4.3 Notice was sent to respondent no. 3, however the same was received back unserved with the report that the said respondent does not reside at the given address. Ld. Counsel for the petitioner filed an application under Order V Rule 20 CPC seeking service of respondent no. 3 by way of publication. The said application was allowed vide order dated 30.10.2023 and respondent no. 3 was directed to be served by way of publication in newspaper "Veer Arjun". Accordingly, respondent no. 3 was deemed to have been served by way of publication effected on 17.11.2023 despite which respondent no. 3 neither appeared before the court nor filed reply. The court proceeded against the respondent no. 3 ex-parte in the present matter vide order dated 08.02.2014. However, the 1/4th share of respondent no. 3/Sh. Harsh Dahiya who is one of the class-1 legal heir was reserved in the securities of the deceased vide order dated 08.02.2024.
5. Petitioner's Evidence:
5.1 To prove its case, the Petitioner examined herself as a witness as PW-1 and tendered her evidence by way of affidavit Ex. PW-1/1 bearing her signatures at point A & B respectively and relied upon the following documents:
(i) Photocopy of Aadhar Card of PW-1 is Ex. PW-1/A (OSR).
(ii) Photocopy of Aadhar Card of deceased Maman Singh Dahiya is Ex. PW-1/B (OSR).Succ Court 103/2023 Ramrati v. The State & Anr. Page 4/9
(iii) Death Certificate of Maman Singh Dahiya is Ex. PW-1/C.
(iv) Photocopy of FDR issued by respondent is Ex. PW-1/D (OSR).
5.2 The respondents neither cross-examined PW-1 nor led any evidence on behalf of respondents as they had no objection to the grant of Succession Certificate in favour of the petitioner.
5.3 Petitioner closed its evidence vide order dated 22.02.2024.
The matter was then posted for final arguments.
6 Final Arguments:
6.1 During the course of final arguments, it was submitted by Ld. Counsel for petitioner that the petitioner seeks succession certificate in respect of securities of the deceased i.e. amount lying in Punjab Nationak Bank in the form of FDR a/c no. 308100MP00000306 of Rs.
8,00,000/-. The mother of the deceased has already expired. Respondent no. 3 being the son of the deceased and respondent no. 5 being the daughter of the deceased gave their No Objection Certificates to the claim of the petitioner. Furthermore, none on behalf of public raised any objection to the present petition. Respondent no. 4 being the son of the deceased was proceeded ex parte vide order dated 08.02.2024. Thus, it was finally prayed that Succession Certificate be issued in favour of the Petitioner.
Succ Court 103/2023 Ramrati v. The State & Anr. Page 5/97 Heard the final arguments advanced by Ld. Counsel for the petitioner. This Court has carefully perused the evidence on record in light of the contents of the petition and considered the oral submissions advanced by Ld. Counsel for petitioner.
8 Appreciation and findings:
8.1 The deceased died intestate qua debts and securities which are mentioned in the petition as well as in the testimony of PW-1. The said securities of the deceased is an amount of Rs. 8,00,000/- (Rupees eight lacs only) lying in the fixed deposit account no. 308100MP00000306 and maintained with Punjab National Bank having branch at Paprawat, Najafgarh, New Delhi.
8.2 Therefore, the total value of the above mentioned securities held by the deceased for which Succession Certificate has been applied for is Rs. 8,00,000/- (Rupees eight lacs only) lying in the fixed deposit account no.
308100MP00000306 in Punjab National Bank.
8.3 At this juncture, it is relevant to mention the case of Madhvi Amma Bhawani Amma & Ors. v. Kunjikutty Pillai Meenakshi, AIR 2000 SC 2301, 2000 (3) ALT 35 SC, 2001 (49) BLJR 813, wherein, it was held as under:
" The enquiry in proceedings for grant of succession certificate is to be summary, and the Court, without determining questions of law or fact, which seem to it to be too intricate and difficult for determination, should grant the certificate to the person who appears to have prima facie the best title thereto. In such cases the Court has not to Succ Court 103/2023 Ramrati v. The State & Anr. Page 6/9 determine definitely and finally as to who has the best right to the estate. All that it is required to do is to hold a summary enquiry into the right to the certificate, with a view, on the one hand, to facilitate the collection of debts due to the deceased and prevent their being time-barred, owing (for instance) to dispute between the heirs inter se as to their preferential right to succession, and, on the other hand, to afford protection to the debtors by appointing a representative of the deceased and authorising him to give a valid discharge for the debt. The grant of a certificate to a person does not give him an absolute right to the debt nor does it bar a regular suit for adjustment of the claims of the heirs inter se".
8.4 From the oral and documentary evidence on record, prima facie it can be said that the deceased was the resident of House No. 170, Durga Vihar, Phase I, Najafgarh, Durga Vihar, Roshanpura, Najafgarh, New Delhi which is reflected in the death certificate, Ex. PW-1/C. The matter thus, falls within the jurisdiction of this Court. PW-1 during the course of his evidence deposed that deceased who expired on 26.02.2019 was survived by four Class-1 legal heirs i.e. petitioner who is stated to be the wife of the deceased, respondent no. 3 and respondent no. 4 who are stated to be the sons of the deceased and respondent no. 5 who is stated to be the daughter of the deceased. The mother of the deceased has already expired. A separate statement of Ld. Counsel for the petitioner was recorded vide order dated 14.03.2024 in this regard.
8.5 The claim of the petitioner by way of the present petition under Section 372 of the Act has gone unrebutted. Neither the respondents nor anyone on behalf of the public contested the claim of the petitioner. There is also no Succ Court 103/2023 Ramrati v. The State & Anr. Page 7/9 impediment under section 370 of the Act to grant Succession Certificate with respect to debts and securities as mentioned in the petition. Furthermore, the deposition of PW-1 and the documents relied upon by the said witness stands unrebutted/uncontroverted/unchallanged. This Court does not find any reason to disbelieve the unrebutted testimony of PW-1 recorded on oath in the Court.
9 Relief:
9.1 In view of the foregoing reasons, this Court holds that petitioner is entitled to her three-fourth share i.e. Rs.
6,00,000/- (Rupees Six Lacs Only) in the securities of the deceased vide grant of succession certificate under section 373 of the Act in respect of aforementioned securities pertaining to the deceased to the tune of Rs. 8,00,000/- (Rupees eight lacs only) lying in the fixed deposit account no. 308100MP00000306 and maintained with Punjab National Bank having branch at Paprawat, Najafgarh, New Delhi. Petitioner is also entitled to interest/dividend/bonus/ consequential benefits , if any, accrued thereupon.
9.2 So far as share of respondent no. 3/Sh. Harsh Dahiya is concerned, his one-fourth share i.e. Rs. 2,00,000/- be reserved in the debts and securities of the deceased. Respondent no. 3 is at liberty to claim his one-fourth share on filing of appropriate petition.
Succ Court 103/2023 Ramrati v. The State & Anr. Page 8/99.3 Accordingly, Succession Certificate be issued to the petitioner to the extent of three-fourth share in the securities of the deceased on filing of corresponding court fees in terms of Article 12 Schedule I of Court Fees Act, 1870 as applicable in Delhi and Indemnity-cum-surety bond of the like amount, within 30 days from today.
Digitally 9.4 Petition is accordingly, disposed of. signed by ANURADHA ANURADHA JINDAL JINDAL Date:
2024.03.14 17:01:12 -1000 Pronounced in the (Anuradha Jindal) open Court on 14.03.2024 ACJ-CCJ-ARC, South West District, Dwarka Courts, New Delhi Succ Court 103/2023 Ramrati v. The State & Anr. Page 9/9