Delhi District Court
Smt. Nirmal Lamba W/O Late Sh. M. L Lamba vs State on 30 September, 2011
SCC No. 111/10
IN THE COURT OF SH. MUKESH KUMAR, ADMINISTRATIVE
CIVIL JUDGE (NORTH WEST) ROHINI COURTS, DELHI
Petition No. : SCC 111/10
Date of Institution : 13.09.2010
Date of arguments : 01.09.2011
Date of order : 30.09.2011
In the matter of:
Smt. Nirmal Lamba w/o late Sh. M. L Lamba
r/o E4/8, Model Town, Delhi 110009
....Petitioner/Applicant
Versus
State
.....Respondent
J U D G M E N T:
Vide this judgment, I shall dispose off the petition filed on behalf of the petitioner under section 372 of the Indian Succession Act for obtaining succession certificate in respect of 860 shares of SKF India Limited bearing distinctive Nos. 123110811940 having present value of each share Rs. 560/ totaling Rs. 4,81,600/ in the name of Late Sh.M.L. Lamba. 1 SCC No. 111/10
1. The relevant facts for the disposal of the present petition are as follows:
That the deceased Late Sh.M.L.Lamba died on 03.10.03 and at the time of his death he was ordinarily resident of Delhi and that he has left behind petitioner and Sanjeev Lamba, Mrs. Poonam Kapoor and Sandeep Lamba as his legal heirs.
It is further alleged that the present petition has been filed for the grant of succession certificate in respect of 860 shares of SKF India Limited bearing distinctive Nos. 12311081 1940 having present value of each share Rs. 560/ totaling Rs. 4,81,600/ in the name of Late Sh.M.L. Lamba and there is no impediment in the grant of succession certificate in favour of the petitioner, Smt. Nirmal Lamba being class I legal heir of the deceased.
2. General public has been served through publication in daily newspaper 'Punjab Kesri' dated 20.10.10 but none has appeared from general public to oppose or contest the present 2 SCC No. 111/10 petition.
3. Petitioner examined herself as PW1 as alleged in the petition and in support of his oral testimony relied upon documents of which death certificate of her deceased husband as Ex. PW1/A, the letter demanding succession certificate issued by company as Ex. PW1/B, page of newspaper showing price of shares as Ex. PW1/C, photocopy of her election I card as Ex. PW1/D and photocopy of family settlement as mark A. and photocopy of her voter I card as Ex. PW1/C. Statement of respondents Sanjeev Lamba, Poonam Kapoor and Sandeep Lamba were also recorded who had given their no objection in favour of the petitioner. .
4. I have given my thoughtful consideration to the submissions and have perused the record carefully.
5. Considering the above stated facts, this Court is of the opinion that prima facie there is no impediment for grant of Succession Certificate in favour of petitioner Smt. Nirmal Lamba 3 SCC No. 111/10 in respect of 860 shares of SKF India Limited bearing distinctive Nos. 123110811940 having present value of each share Rs. 560/ totaling Rs. 4,81,600/ in the name of Late Sh.M.L. Lamba. Accordingly, Succession Certificate is ordered to be issued in favour of Smt. Nirmal Lamba 860 shares of SKF India Limited bearing distinctive Nos. 123110811940 having present value of each share Rs. 560/ totaling Rs. 4,81,600/ (the value of shares can be vary according to the market rate) in the name of Late Sh.M.L. Lamba as per rules on furnishing of requisite court fee and on furnishing of an Indemnity Bond of the same value with one surety of like amount within one month. File be consigned to Record Room.
Announced in the open court (MUKESH KUMAR) on 30.09.2011. ACJCUMARC NORTHWEST This judgment contains 4 ROHINI COURTS, DELHI pages and each page has been signed by me.
4 SCC No. 111/10 30.09.2011 Present: Counsel for the petitioner.
Vide separate judgment of even date, petition filed u/s 372 of the Indian Succession Act, 1925 on behalf of the petitioner is disposed off.
File be consigned to Record Room.
(MUKESH KUMAR) ACJcumARC (North West) Rohini Courts, Delhi/30.09.2011.
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