Delhi District Court
(Iii)Rohan Rautela vs The State on 27 September, 2013
IN THE COURT OF SAURABH PRATAP SINGH LALER, ACJ/ARC
(WEST), TIS HAZARI, DELHI
SC No.: 55/2012
Date of Institution : 15.05.2012
Date of decision : 27.09.2013
SH. MAHENDER SINGH RAUTELA
@ MOHAN SINGH RAUTELA
Deceased through LRs
(i) Sophy Rautela
(ii)Gunjan Rautela
(minor through his mother, natural guardian & next friend)
(iii)Rohan Rautela
(minor through his mother, natural guardian & next friend)
All R/o A13B, Vishal Kunj,
Tagore Garden Extension.
New Delhi110027. ... Petitioner
Versus
1. THE STATE
2. MINISTRY OF DEFENCE
O/o the JS(T)&CAO
Room No. 128 "E" Block,
Opp. Sena Bhawan, New Delhi110041.
3. SH. NARENDER SINGH RAUTELA
S/o Late Sh. Madho Singh Rautela
R/o E283, Gali No. 8, East Vinod Nagar,
New Delhi110091. ... Respondents
SC No. 55/2012 Page 1 of 5
J U D G M E N T
1. The succession petition is filed by Sh. Mahender Singh Rautela @ Mohan Singh Rautela (now since deceased) through LRs Sophy Rautela, Gunjan Rautela and Rohan Rautela for grant of succession certificate in respect of debts and securities of deceased Sh. Devender Singh Rautela who expired on 01.09.2008. The deceased is survived by his one brother namely Narender Singh Rautela, LRs of his deceased brother Mahender Singh i.e. Sopy Rautela, Gunjan Rautela, Rohan Rautela and LRs of deceased sister Hari Devi Bisht i.e. Himanshu Bist and Deepesh Bisht only as legal heirs.
2. It is pertinent to mention here that LRs No. 1(ii) & 1(iii) i.e. Gunjan Rautela and Rohan Rautela are minor and are being represented through their mother/natural guardian Smt. Sophy Rautela who is LR No. 1(i).
3. After filing the petition, notice of the petition was given to the general public by publication in the newspaper 'Statesman' dated 06.04.2013 but none appeared from general public to oppose or contest the petition.
4. Statement of petitioner's LR No. 1(i) Sophy Rautela was recorded on 08.07.2013 who tendered affidavit Ex.PW1/A wherein she stated that the deceased Sh. Devender Singh Rautela was brother of her husband Mahender Singh Rautela who died on 01.09.2008. At the time SC No. 55/2012 Page 2 of 5 of his death, Sh. Devener Singh Rautela was bachelor. The deceased is survived by his one brother namely Narender Singh Rautela, LRs of his deceased brother Mahender Singh i.e. Sopy Rautela, Gunjan Rautela, Rohan Rautela and LRs of deceased sister Hari Devi Bisht i.e. Himanshu Bist and Deepesh Bisht only as legal heirs. Sh. Madho Singh Rautela, father of deceased also died on 02.08.1998 and Smt. Ganga Devi, mother of deceased also expired on 05.06.2004. Death certificates of Sh. Devender Singh Rautela, Madho singh Rautela, Ganda Devi and Hari Devi Bisht are Ex.PW1/1 to PW1/5. There is no other ClassI or ClassII legal heir except as stated above. Deceased had not executed any Will during his life time.
The deceased Sh. Devender Singh Rautela was working with respondent no. 2 Ministry of Defence where his service benefits i.e. th Arrears in respect of 6 Pay Commission, CGEGIS, DCRG, GPF & Leave Encashment are lying.
Further it is stated by PW1 Smt. Sophy Rautela that she has no rd objection if 1/3 share of debts and securities is given to her brother in law (Jeth) namely Sh. Narender Singh Rautela, respondent no. 3 herein.
5. Statement of respondent no. 3 Narender Singh was recorded on 08.07.2013 who corroborated the statement of Smt. Sophy Rautela rd submitting that he is claiming his 1/3 share and he has no objection if SC No. 55/2012 Page 3 of 5 remaining share of debts and securities of deceased is given to LRs of petitioner Mahender Singh Rautela.
6. Statement of Sh. Nagmai Kumar, Counsel for near relations Sh. Himanshu Bisht and Deepesh Bisht was recorded on 08.07.2013 who corroborated the statement of Smt. Sophy Rautela and stated that Himanshu Bisht and Deepesh Bisht have filed their joint NOC Ex.R1 alongwith supporting affidavits of Sh. Himanshu Bisht and Deepesh Bisht.
7. Reply/WS on behalf of respondent no. 2 Ministry of Defence was filed on 10.12.2012 wherein it is stated by the department that Sh. Devender Singh Rautela was working with the department as Data Processing Assistant 'A' and Rs.1,41,642/ towards arrear of pay w.e.f. 01.01.2006 to 01.09.2008, Rs.79,370/ towards CGEGIS, Rs.5,23,786/ towards DCRG, Rs.37,117/ towards GPF and Rs.2,03,101/ towards Leave Encashment are due and payable.
8. It is pertinent to mention here that objections have not been filed on behalf of general public despite publication dated 06.04.2013.
9. In the facts and circumstances on record, Smt. Sopy Rautela and rd Narender Singh Rautela only shall be entitled in respect of 2/3 and rd 1/3 share each of debts and securities of the deceased as per reply/WS of respondent no. 2 filed on 10.12.2012. SC No. 55/2012 Page 4 of 5
10. In view of the matter as discussed above, I am of the considered opinion that there is no impediment in grant of succession certificate in favour of Smt. Sopy Rautela and Narender Singh Rautela in respect of rd rd 2/3 and 1/3 share each of debts and securities of the deceased as per reply/WS of respondent no. 2 filed on 10.12.2012. I accordingly direct that succession certificate be issued in the name of Smt. Sopy rd rd Rautela and Narender Singh Rautela in respect of 2/3 and 1/3 share each of debts and securities of the deceased as per reply/WS of respondent no. 2 filed on 10.12.2012. Court fees and indemnity bond with one surety shall be filed by the parties within 15 days. No further order requires to be passed. File be consigned to the Record Room. Announced in the open court On this 27th day of September, 2013 (Saurabh Pratap Singh Laler) ACJ/ARC(West) Tis Hazari, Delhi SC No. 55/2012 Page 5 of 5