Delhi District Court
Smt. Sandhya Tambe vs The State on 14 October, 2019
: IN THE COURT OF SACHIN SANGWAN
ADDITIONAL RENT CONTROLLER (SOUTH):
COURT ROOM NO. 204, SAKET COURTS: NEW DELHI
SUCCESSION CASE NO. 51 /2019
Smt. Sandhya Tambe,
W/o Sh. Mohan Arvind Tambe
D/o late Vasant Krishnarao Deshpande,
R/o H. No. 1301, Millenium Towers Cooperative
Housing Society Ltd., Opp IIT Mumbai, Behind IOC Petrol Pump,
Powai, Mumbai, Maharashtra
......... Petitioner
Vs.
1. The State
Through Chief Secretary, IP Estate
(Govt. of NCT of Delhi), Delhi02
2. Col. Vikram Deshpande
R/o Flat No.A104, Sukhwani Saffron,
Survey No.120, Hissa No. 5/1/2/8/10,
Pashan Near Balaji Temple, Pune, Maharashtra411021
3. Sh. Saurabh Deshpande,
R/o 18817 Clearbrook ST, Northridge,
CA 91326 USA
4. Sh. Kishore Deshpande,
R/o 903, Pinewood Raheja Willows,
Akurli Road, Near Mahindra Factory,
Mumbai, Kandivali East, Maharashtra400101
............Respondents
Application for grant of Succession Certificate U/S 372 of
Indian Succession Act, 1925.
DATE OF INSTITUTION : 26.04.2019
DATE OF RESERVING ORDER : 02.09.2019
DATE OF PRONOUNCEMENT : 14.10.2019
JUDGMENT
Succession No. 51/2018 Smt Sandhya Tambe Vs The State & Ors. Page 1/5
1. Vide this judgment, I shall dispose off the petition (amended) filed by the petitioner Smt Sandhya Tambe for the grant of a succession certificate under section 372 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act') in respect to debt/securities etc., of Late Sh. Vasant Krishnarao Deshpande @ V K Deshpande.
2. The facts relevant for the disposal of the present petition are that Sh.
Vasant Krishnarao Deshpande @ V K Deshpande, father of the petitioner, expired on 12.05.2013 It has further been stated that deceased was having following debts and securities in his name :
a) National Saving Certificate (Post Office) with Sr. No.365301 to 365323
b) National Saving Certificate (Post Office) with Sr. No.037154 to 037200
c) A/c no. 0350101014036 and FD of Rs.20,000/ vide deposit receipt no. 0350333000186/1 with Canara Bank, Green Park Branch, New Delhi
d) SB Account no. 2270, Primary Customer ID 3287864 and FD of Rs.12000/ vide deposit receipt no.2007/NDRF 275503 with Indian Overseas Bank, Yusuf Sarai Branch, C1, Green Park Extn. New Delhi
3. It is claimed that petitioner is one of the legal heir/ representative of deceased alongwith respondent no.2 to 4 namely Col. Vikram Deshpande, Saurabh Deshpande and Kishore Deshpande (children of deceased). It is further stated that Smt. Jayashri V Deshpande, wife of deceased had passed away on 28.02.2016. As per petitioner, there is no impediment under the provision of the Act in the grant of succession certificate in her favour.
4. A notice of the petition was published in the daily newspaper "The Statesman" and Quami Patrika" both on 11.06.2019 inviting objections on behalf of general public to the grant of succession certificate in favour of the applicant / petitioner, but none had appeared on behalf of the public at large on the day of hearing fixed to contest / oppose or raise any objection to the grant of the succession certificate in favour of the applicant / petitioner.
5. On 02.07.2019, Mr Mukesh Sharma, Public Relation Inspector, Post Office, Lajpat Nagar had appeared before the court and filed two account Succession No. 51/2018 Smt Sandhya Tambe Vs The State & Ors. Page 2/5 opening forms of Mr V K Deshpande @ Vasant Krishnarao Deshpande bearing registration no. (1) 92EE037154037193 and (2) 92EE037194 03200 and 98EE365301365323, for an amount of Rs.4 lacs and Rs.3 lacs respectively. He submitted that he has not brought the current valuation of the aforesaid account, however he has confirmed the current valuation of aforesaid accounts as Rs.7,13,000/ and Rs.5,34,000/ as on date from the office. Copy of aforesaid both account opening forms duly verified by Sub Post Master dated 03.06.2019 are Ex.P1 (colly).
6. On the same day i.e. 02.07.2019, Ms Nabanita Mandal, Asstt Manager, Indian Overseas Bank, Yusuf Sarai Branch had also appeared before the court and filed the bank statement qua saving bank account no. 107001000002270 in the name of V K Deshpande and the balance in the said account is Rs.3261.68/ as on 13.06.2019. Bank statement is Ex.P2. She has also brought bank statement qua fixed deposit account no. 107004111100806 in the name of V K Deshpande and the balance in the said account is Rs.15861/ as on 01.07.2019. Bank statement is Ex.P3.
7. The petitioner was examined as PW1 who deposed on the lines of the facts as averred in her petition. She had relied upon the following documents:
a) death certificate of deceased as Ex.PW1/1
b) death certificate of mother of deponent as Ex.PW1/2
c) copy of aadhar card and PAN card of deponent as Ex.PW1/3 (colly) (OSR)
d) copy of bonds of National Saving Certificate, Post Office from serial no. 365301 to 365323 as Ex.PW1/4 (colly p1425) (OSR)
e) copy of bonds of National Saving Certificate, Post office from serial no.037154 to 037200 as Ex.PW1/5 (colly, p2649) (OSR)
f) copy of FD bearing receipt no.2007/NDRF 275502 and copy of saving bank pass book bearing a/c no.2270, both of Overseas bank as Ex.PW1/6 (colly) (OSR) Succession No. 51/2018 Smt Sandhya Tambe Vs The State & Ors. Page 3/5
g) copy of FD bearing no.0350333000186/1 of Canara Bank and saving bank account statement qua customer ID 13924752 as Ex.PW1/7 (colly) (FD original seen and returned)
8. The petitioner also examined official namely Manisha Yadav, Manager, Canara Bank, Green Park, New Delhi as PW2 who brought the statement of Saving account no. 0350101010436 in the name of Jay Shri V. Deshpande wherein final balance is Rs.10,210.95/ as Ex.PW2/1 and one FD bearing no.0350333000186 for an amount of Rs.20,000/ as Ex.PW2/2. She stated that said account/FD is not in the name of Vasant Krishnarao Deshpande. The interest of FD is also credited to the saving account of Jay Shri V. Deshpande. She further stated that the locker no.1154 issued in the name of deceased Jay Shri V. Deshpande and V. Deshpande was got surrendered and the contents of the locker have also been disbursed to the applicants Kishore Deshpande, Sandhya Tambe and Vikram Deshpande.
9. The death certificate Ex.PW1/1 reflects that deceased Sh. Vasant Krishnarao Deshpande expired on 12.05.2013. Further, copy of death certificate Ex.PW1/2 shows that Smt. Jayashri V Deshpande, wife of deceased expired on 28.02.2016. Further, copy of PAN card of petitioner Ex.PW1/3 (OSR) shows that she is daughter of deceased Vasant Krishnarao Deshpande.
10. Further, on 02.07.2019, Mr Malkhan Singh, counsel for respondent no.2 to 4 has filed separate vakalatanamas alongwith NOC affidavit on behalf of respondent no.2 to 4 stating therein that they have no objection if the succession certificate qua debts and securities in the name of deceased is issued in favour of petitioner.
11. The aforesaid claim of the petitioner have gone unrebutted and nobody appeared on behalf of public at large to contest the aforesaid claim of Succession No. 51/2018 Smt Sandhya Tambe Vs The State & Ors. Page 4/5 the petitioner. There is also no impediment U/S 370 of the Act to grant of Succession Certificate with respect to debts/securities as mentioned above except account no. 0350101010436 and one FD bearing no.0350333000186, as both are in the name of Jay Shri V. Deshpande and not the deceased. Therefore, no succession certificate qua the deceased can be issued qua said securities. Therefore, I deem it fit to allow the petition regarding the remaining debts and securities. Accordingly, the petition is hereby allowed in aforesaid terms.
12. In view of above, I hold that the petitioner Smt. Sandhya Tambe, W/o Shri Mohan Arvind Tambe and D/o late Sh Vasant Krishnarao Deshpande is entitled for the grant of Succession Certificate U/S 372 of the Act in respect of debts and securities as mentioned in paragraph no.5 & 6. It is however, clarified that rights and interest of legal heirs of deceased late Sh. Vasant Krishnarao Deshpande, interse, is not decided vide this order which is confined to issuance of succession certificate only.
13. Accordingly, Succession Certificate be issued to Smt. Sandhya Tambe, W/o Shri Mohan Arvind Tambe and D/o late Sh Vasant Krishnarao Deshpande on filing of court fee as prescribed in terms of Article 12 Schedule 1 of the court fee Act 1870 as applicable to Delhi and an Indemnity Bond with one surety in the like amount for the value of debts and securities as detailed herein above. File be consigned to Record Room after due compliance. Digitally signed by SACHIN SACHIN SANGWAN SANGWAN Date: 2019.10.14 16:36:12 +0530 Announced in the open court (Sachin Sangwan) on 14.10.2019 Administrative Civil Judgecum Additional Rent Controllercum Commercial Civil Judge: (South):
Saket District Courts: New Delhi Succession No. 51/2018 Smt Sandhya Tambe Vs The State & Ors. Page 5/5