Delhi District Court
Sc No. 64/18 vs State on 3 August, 2022
IN THE COURT OF MS. NEHA PRIYA
ACJ-cum-CCJ-cum-ARC, SHAHDARA
KARKARDOOMA COURTS, DELHI.
SC No. 64/18
Satya Prakash Sharma,
S/o Late Sh. Prem Chand Sharma,
R/o H260, Ward No.14,
Jawahar Nagar, Ghaziabad,
U.P 201102 ........
Petitioner
Versus
1. State
Through SDM (Nand Nagari)
D.C. Complex, Nand Nagari
Opposite Gagan Cinema,
Delhi110093
2. Ganesh Dutt Sharma
S/o Late Sh. Prem Chand Sharma
R/o Keshav Nagar
Ghaziabad U.P.201102
3. Devdutt Sharma
S/o Late Sh. Prem Chand Sharma
R/o I549/2, Gali No. 4
East Jawahar Nagar
Ghaziabad U.P.201102
4. Pravin Sharma
S/o Late Sh. Prem Chand Sharma
R/o 126, Keshav Nagar
Ghaziabad U.P.201102
5. Satyveer Sharma
S/o Late Sh. Prem Chand Sharma
R/o 218, Khakuda
Bulandshaher U.P.201102
SC No. 64/18 Satya Prakash Sharma Vs. State & Ors. 1 of 6
6. Shanti Devi
w/o Late Sh. Prem Chand Sharma
R/o H260, Ward No. 14,
Jawahar Nagar, Ghaziabad,
U.P. 201102
7. Eicher Motors Limited
3rd Floor - Select Citywalk,
A3, District Centre, Saket,
New Delhi 110017
......Respondents
PETITION FOR GRANT OF SUCCESSION CERTIFICATE UNDER SECTION
372 OF THE INDIAN SUCCESSION ACT, 1925
1. Date of Institution of Petition : 17.07.2018
2. Date of Judgment : 03.08.2022
3. Decision : Petition Allowed
JUDGMENT
1. Vide this judgment, this Court shall dispose off the petition filed by petitioners for grant of succession certificate in his favour in respect of 200 shares of Eicher Motors Limited held by the deceased Sh. Prem Chand Sharma.
2. In the petition, it is inter-alia pleaded that petitioner is the son of the Late Sh. Prem Chand Sharma who expired on 22.08.2009. The other legal heirs of the deceased are his sons respondent no. 2, 3, 4, 5 and his wife respondent no. 6. Thus, they are entitled to inherit the shares of the deceased. T here is no legal impediment in the grant of succession certificate in favour of the petitioner as other legal heirs have no objection to it.
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3. Perusal of the record reflects that the notice of this petition was given to the general public by way of publication in the newspaper 'Rashtriya Shahara' on 02.11.2018. In response to the notice, no person from the general public came forward to offer any objection qua grant of succession certificate to the petitioners.
4. During the summary proceedings conducted as per Section 373 of the Indian Succession Act, 1925, seven person were examined in the form of PW-1 i.e. Sh. Satya Prakash, RW-2 i.e. Sh. Ganesh Dutt, RW-3 i.e. Sh. Devdutt Sharma, RW-4 i.e. Sh. Pravin Sharma, RW-5 Sh. Satyaveer Sharma RW-6 Smt. Shanti Devi and RW-7 Sh. Girjesh, Executive, Eicher Motor Ltd.
5. PW-1 Sh. Satya Prakash filed his affidavit of evidence in the form of Ex.PW1/A wherein he reiterated the contents of the petition and relied upon documents Ex.PW1/1 (OSR) i.e. copy of the death certificate of late Sh. Prem Chand Sharma, Ex.PW1/2 i.e. letter dated 25.05.2018 from the Link Intime India pvt. Ltd. on behalf of Eicher Motors Limited acknowledging 200 shares in favour of Sh. Prem Chand Sharma, Ex.PW1/3 (OSR) i.e. the surviving members certificate and Ex.PW1/4 i.e. the copy of ID card of deceased Sh. Prem Chand Sharma. PW1 also tendered additional affidavit of evidence as Ex.PW1/X and exhibited the share valuation certificate as Ex.PW1/X1.
6. RW-2 Sh. Ganesh Dutt stated that he was the son of the deceased Late Sh. Prem Chand Sharma and he had no objection if succession certificate was issued in favour of petitioner qua the debts and securities (averred in this petition) of deceased late Sh. Prem Chand Sharma. His affidavit/undertaking/NOC was exhibited as Ex.RW2/A and copy of his ID proof as Ex.RW2/B(OSR).
7. RW-3 Sh. Devdutt Sharma stated that he was the son of deceased Sh. Prem Chand Sharma and he had no objection if succession certificate was issued in favour of petitioner qua the debts and securities (averred in this petition) of deceased Sh. Prem Chand Sharma. His affidavit/undertaking/NOC was exhibited as Ex.RW3/A and copy of his ID proof as Ex.RW3/B(OSR).
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8. RW-4 Sh. Pravin Sharma stated that she was the son of deceased late Sh. Prem Chand Sharma Jain and he had no objection if succession certificate was issued in favour of petitioner qua the debts and securities (averred in this petition) of deceased late Sh. Prem Chand Sharma. His affidavit/undertaking/NOC was exhibited as Ex.RW4/A and copy of her ID proof as Ex.RW4/B(OSR).
9. RW-5 Sh. Satyaveer Sharma stated that he was the son of deceased late Sh. Prem Chand Sharma and he had no objection if succession certificate was issued in favour of petitioner qua the debts and securities (averred in this petition) of deceased late Sh. Prem Chand Sharma. His affidavit/undertaking/NOC was exhibited as Ex.RW5/A and copy of her ID proof as Ex.RW5/B(OSR).
10. RW-6 Smt. Shanti Devi stated that she was the wife of deceased late Sh. Prem Chand Sharma and she had no objection if succession certificate was issued in favour of petitioner qua the debts and securities (averred in this petition) of deceased late Sh. Prem Chand Sharma. Her affidavit/undertaking/NOC was exhibited as Ex.RW6/A and copy of her ID proof as Ex.RW6/B(OSR).
11. RW-7 Sh. Girjesh, who appeared and deposed on behalf of the respondent no.7, tendered his evidence by way of affidavit Ex.RW7/A. The authority letter in his favour is Ex.PW7/1. He stated that deceased late Sh. Prem Chand Sharma was holding shares in his name as per the details mentioned in Ex.RW7/A and there was no objection if succession certificate with regard of the shares/holding be granted in favour of petitioner.
12. During the course of final arguments, Ld. Counsel for the petitioner referred to the testimonies of PW-1 Sh. Satya Prakash, RW-2 Sh. Ganesh Dutt, RW-3 Sh. Devdutt Sharma, RW-4 Sh. Praveen Sharma and RW-5 Sh. Satyaveer Sharm and RW-6 Sh. Shanti Devi, and submitted that material on record was sufficient to conclude that petitioner and respondent no.2 to 6 were the only surviving legal heirs of deceased late SC No. 64/18 Satya Prakash Sharma Vs. State & Ors. 4 of 6 Sh. Prem Chand Sharma; before his demise, he was holding 200 shares of Eicher Motors Limited and that there was no impediment in grant of succession certificate in favour of petitioner. On the basis of the aforesaid submissions, petitioner was entitled to grant of succession certificate with respect to aforesaid 200 shares.
13. I have heard the submissions made by Ld. Counsel for the petitioner, perused the record and gone through the relevant provisions of law.
14. The testimonies of PW-1 and RW-2 to RW-5 prove that deceased Sh. Prem Chand Sharma expired on 22.08.2009 and the petitioner and respondent no. 2 to 6 are the only known surviving legal heirs of deceased late Sh. Prem Chand Sharma. Surviving member certificate Ex.PW1/3 supports the same. RW-2 to RW-6 do not have any objection if succession certificate is issued in the favour of the petitioner. The testimony of Ex.PW1 and RW7 by way of Ex.PW1/2 and Ex.PW7/1 proves that 200 shares of Eicher Motors Limited existed in the name of Sh. Prem Chand Sharma by way of share certificate no. 40936-40937, the current valuation of which is Rs. 39,04,042.8/- (approx) as per Ex.PW1/X1. No one else has come forward to oppose the succession petition despite publication in the newspaper.
15. In light of the facts and circumstances and on the basis of material placed on record, petitioner is entitled to the succession certificate and there exists no impediment in grant of succession certificate to him. Thus, present petition qua the grant of succession certificate in respect of the aforesaid 200 shares of Eicher Motors Limited is hereby allowed. Accordingly, succession certificate be issued in favour of the petitioner with respect to 200 shares of Eicher Motors Limited held by Sh. Prem Chand Sharma by way of share certificate no. 40936-40937 upon filing of requisite court fees and indemnity bond by petitioner, with one surety.
16. The succession certificate shall be considered only as an entitlement of the petitioner to receive current valuation amount of the said the 200 shares of Eicher Motors Limited. The succession certificate shall not be considered as a direction as SC No. 64/18 Satya Prakash Sharma Vs. State & Ors. 5 of 6 such to Eicher Motors Limited to release the said amount/shares to the petitioner, and Eicher Motors Limited shall be competent to seek compliance of formalities, if any, by the petitioner for securing release of the said amount/shares, as per rules. File be consigned to record room after due compliance. Digitally signed NEHA by NEHA PRIYA Date:
PRIYA 2022.08.03 04:28:18 +0530 Announced in the open Court (NEHA PRIYA) on 03.08.2022 ACJ-CCJ-ARC/Shahdara, KKD/Delhi SC No. 64/18 Satya Prakash Sharma Vs. State & Ors. 6 of 6