Delhi District Court
Sh. Krishan Kumar vs State (Govt. Of Nct Delhi) on 31 July, 2023
IN THE COURT OF Ms. TANIA SINGH
ACJ-CUM-ARC-CUM-CCJ,
NORTH EAST DISTRICT: KARKARDOOMA
COURTS, DELHI
SC No. 24/19
CNR No. DLNE03-000497-2019
Sh. Krishan Kumar
S/o Sh. Karam Chand Goyal
R/o H. No. F-176,
Main Wazirabad Road,
Khajoori Khas, Delhi-110094. ..........Petitioner
VERSUS
1. State (Govt. of NCT Delhi)
2. Sh. Vyomkesh Goyal
3. Sh. Ajay Goyal
Both S/o Sh. Krishan Kumar
R/o H. No. F-176,
Main Wazirabad Road,
Khajoori Khas, Delhi-110094.
4. The SPM,
Bhanjanpura, P.O.,
Delhi. ......Respondents
PETITION FOR GRANT OF SUCCESSION
CERTIFICATE UNDER SECTION 372 OF THE INDIAN
SUCCESSION ACT
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Date of institution of the petition : 20.04.2019
Date on which judgment was reserved : 31.07.2023
Date of pronouncement of judgment : 31.07.2023
Decision : Allowed
JUDGMENT
1. Petitioner herein i.e. Sh. Krishan Kumar, has applied for issuance of succession certificate with respect to securities and liabilities of deceased Late Smt Kamlesh Goyal, who had expired intestate on 15.04.2014. Petitioner being husband of the deceased has applied for succession certificate. Sh. Vyomkesh Goyal and Sh. Ajay Goyal (sons of deceased), State alongwith SPM, Bhanjanpura, Delhi are made respondents in this case.
2. The present petition has been filed in respect of debts and securities etc. with respect to saving account no. 1318244049 having balance of Rs. 2,12,065.25/-, FD/ TD bearing no. 1318406997 for an amount of Rs. 1,32,230/- and FD bearing no. 1318405693 for an amount of Rs. 1,00,000/- registered in the name of deceased Lt. Smt Kamlesh Goyal.
3. Service of notice of this petition was effected upon general public through publication in newspaper i.e. 'Veer Arjun' dated 07.03.2022. Till date, no objection to grant of certificate in favour of petitioner has been received from general public.
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4. Accordingly, an enquiry was conducted wherein verification report Ex. RW1/A (colly 9 pages) was filed on behalf of respondent no. 1 i.e. SDM, Seelampur, Delhi, regarding the LRs of deceased Late Smt Kamlesh Goyal. As per report Ex. RW1/A, the LRs of deceased are as follows:-
a. Krishan Kumar Husband of deceased
b. Vyomkesh Goyal Son of deceased
c. Ajay Goyal Son of deceased
5. Sh. Sudhir Kumar, (SPM, Bhajanpura, Delhi) was examined as RW-2 who stated that vide saving account no. 1318244049, FD/ TD bearing no. 1318406997 and FD bearing no. 1318405693 an amount of Rs. 2,12,065.25/-, Rs. 1,32,230/- and Rs. 1,00,000/- is lying in the name of deceased Lt. Sh. Kamlesh Goyal respectively. The said report is Ex. RW-2/A and Ex. RW-4/B respectively. Copy of his identity card is Ex. RW-4/C. He stated that no nominee of the deceased is registered in the records and that the post office has no objection if the succession certificate is issued in favour of the petitioner.
6. RW-3 Sh. Ajay Goyal (son of deceased) and RW-4 Sh.
Vyomkesh (son of deceased) have also given their respective statements regarding no objection on the succession certificate being issued in favour of the petitioner. RW-3 Sh. Ajay Goyal tendered his Aadhar SC No. 24/19 Krishan Kumar vs The State & Ors Page No. 3 of 6 Card as Ex. RW-3/A (OSR) and RW-4 Sh. Vyomkesh tendered his Aadhar Card as Ex. RW-4/A (OSR).
7. Petitioner examined himself as PW-1 and relied upon the following documents to show her entitlement i.e. copy of death certificate of deceased in question i.e. Mark A, publication report i.e. Ex. PW-1/A, necessary report from SDM concerned Ex. RW-1/A, report received from concerned post office Ex. RW-2/A and copy of his Aadhaar Card Ex. PW-1/B(OSR).
Vide separate statement of petitioner dated 04.06.2022, PE stands closed.
8. I have heard ld. counsel for the petitioner. Case file perused.
9. A certificate can be granted to an applicant if it is found that the rights in the securities belong to the applicant. As per Section 373(3), even if the Court is not able to decide the right to certificate without determining the question of law or fact which seem to be too intricate and difficult for determination in a summary proceeding, the certificate may nevertheless be granted to the applicant if he appears to be the person having prima-facia the best title therein.
10. Thus, from the averments made in the petition, report of SC No. 24/19 Krishan Kumar vs The State & Ors Page No. 4 of 6 SDM Ex. RW-1/A and report of post office Ex. RW-2/A and Ex. RW-4/B, I find that there is no legal embargo for issuance of succession certificate in favour of petitioner Sh. Krishan Kumar, who is one of the class I legal heirs of the deceased Late Smt Kamlesh Goyal, in respect of saving account no. 1318244049 for an amount of Rs. 2,12,065.25/-, FD/ TD bearing no. 1318406997 for an amount of Rs. 1,32,230/- and FD bearing no. 1318405693 for an amount of Rs. 1,00,000/- registered in the name of deceased Late Smt Kamlesh Goyal, lying with Post Office, Bhanjanpura (respondent no. 2).
11. Accordingly, petition is allowed and succession certificate be issued in favour of petitioner Sh. Krishan Kumar, in respect of saving account no. 1318244049 for an amount of Rs. 2,12,065.25/-, FD/ TD bearing no. 1318406997 for an amount of Rs. 1,32,230/- and FD bearing no. 1318405693 for an amount of Rs. 1,00,000/-, in total Rs. 4,44,295/- (Rs. Four Lakhs Forty Four Thousand Two Hundred and Ninety Five only), (tentatively) registered in the name of deceased Late Smt Kamlesh Goyal lying with Post Office, Bhanjanpura, Delhi (respondent no. 4) (as on date), alongwith interest or any other amount as may be enhanced or reduced till date, on filing of requisite Court Fees in terms of Article 12, Schedule I of the Court Fee Act 1870 as applicable to Delhi alongwith indemnity bond with one surety in the like amount.
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12. File be consigned to Record Room after due compliance, as per rules.
Announced in the open court (TANIA SINGH)
on 31st July, 2023 ACJ-cum-ARC-cum-CCJ
North-East District, KKD, Delhi
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