Delhi District Court
Jyoti Aggarwal vs State on 13 May, 2024
IN THE COURT OF MS. AMARDEEP KAUR, ACJ/ARC
NORTH-WEST DISTRICT: ROHINI COURTS: DELHI
Succ. Court 81/23
CNR No. DLNW03001023/2023
Date of Filing : 13.04.2023
Date of Judgment : 13.05.2024
Final Order : Petition allowed.
In the matter of:
1. Smt. Jyoti Aggarwal
W/o Sh. Sanjay Agarwal
D/o late Smt. Shashi Kanta Seth
R/o F-111, Ground Floor, Phase-I,
Ashok Vihar, Delhi-110053.
2. Smt. Preeti Khanna
W/o Sh. Sikander Khanna
D/o late Sh. Brahma Nand Seth
R/o D-1/39, Rama Vihar,
Mohammad Pur Majri,
North West Delhi-110081.
3. Master Shivom Sekhri (Minor)
S/o Sh. Gaurav Sekhri & late Smt. Bhawna Sekhri
Through its Natural Guardian/Father
Sh. Gaurav Sekhri
R/o House no. C-1/72, Phase-II,
Ashok Vihar, Delhi-110052.
4. Sh. Gaurav Sekhri
S/o Sh. P K Sekhri
R/o House no. C-1/72, Phase-II,
Ashok Vihar, Delhi-110052. ... Petitioners
VERSUS
1. The State (NCT of Delhi)
2. Alankit Assignments Ltd.
1E-13, Ground Floor,
SCC No. 81/2019 Page No. 1/7
Jhandewalan Extension,
New Delhi-110055. ... Respondents
JUDGMENT ON PETITION UNDER SECTION 372 OF THE INDIAN SUCCESSION ACT
1. The present petition has been filed by the petitioners under Section 372 of Indian Succession Act, 1925, seeking issuance of succession certificate with respect to their individual share in the amount of Rs. 1,36,27,941.55/- available in the Demat account having client ID 11664718 maintained with respondent no. 2 (hereinafter referred to as "assets") left behind by the deceased Late Smt. Shashi Kanta Seth and Late Smt. Bhawna Seth (hereinafter referred to as "deceased").
2. As per the petition, petitioner nos. 1 and 2 are the daughters of late Smt. Shashi Kanta, petitioner no. 3 is the grandson of the deceased Late Smt. Shashi Kanta Seth and son of deceased Smt. Bhawna Seth and petitioner no. 4 is the husband of deceased Smt. Bhawna Seth.
3. It is further stated that Smt. Shashti Kant Seth expired on 24.04.2021 and at that time, she was ordinarily residing at House no. 59-C, Block 1A, Ashok Vihar, Phase -1, North West, Delhi-110052 and Smt. Bhawna Seth expired on 10.05.2021 and at that time, she was ordinarily residing at House no. C-1/72, Phase-II, Ashok Vihar, Delhi-110052. It is further stated that husband of the deceased Smt. Shashti Kant Seth has also expired. It is further stated that deceased Smt. Shashti Kant Seth was having three daughter out which of one of the daughter namely Smt. Bhawna Sekhri (also deceased in the present matter) has also expired on 10.05.2021. Late Smt. Bhawna has left behind her husband (petitioner no. 4) and one minor son i.e. petitioner no. 3, who is representing the present petition through is SCC No. 81/2019 Page No. 2/7 natural guardian, his father. Petitioners being the LRs of the deceased are stated to be the surviving legal heirs of the deceased. It is stated that no Will was executed by the deceased during her lifetime in respect of assets in question.
4. The succession certificate has been sought in favor of all the petitioners to the extent of their respective shares i.e. 1/3rd each. It is stated that there is no impediment to the grant of succession certificate in favor of the petitioners under the Succession Act.
5. After filing of present petition, notice was issued and general public was served through publication in daily newspaper 'Virat Vaibhav', Hindi edition dated 29.04.2023, to invite objections from the public at large to the grant of succession certificate to the petitioners but none appeared from general public to oppose or contest the present petition.
6. LR report was filed by Tehsildar, Saraswati Vihar, District North West, Rohini, Delhi. As per the said report, Jyoti Aggarwal (daughter), Preeti Khanna (daughter) and Master Shivom Sekhri (son of deceased daughter Bhawna Seth) are the only surviving legal heirs of the deceased Smt. Shashi Kanta Seth.
7. Further as per the Surviving Member Certificate filed on behalf of the petitioners, Master Shivom Sekhri (son) and Sh. Gaurav Sekhri (husband) are the only surviving legal heirs of the deceased Smt. Bhawna Seth @ Bhawna Sekhri.
8. During the summary proceedings conducted as per Section 372 of SCC No. 81/2019 Page No. 3/7 the Indian Succession Act, 1925, two witnesses were examined.
9. Petitioner no. 1/PW-1 Ms. Jyoti Aggarwal tendered her evidence by way of affidavit Ex. PW-1/A testifying that she is the daughter of the deceased Smt Shashi Kanta Seth and sister of deceased Smt. Bhawna Seth and that no Will was executed by both the deceased in respect of the assets in question. She further testified that she herself, petitioner no. 2 and 3 are the surviving legal heirs of the deceased Smt Shashi Kanta Seth and petitioner no. 3 and 4 are the surviving legal heirs of the deceased Smt. Bhawna Sekhir. She further submitted that her sister namely Smt. Bhawna Sekhri has already expired on 10.05.2021. She further stated that all the petitioners may be issued succession certificate in respect of their share in the assets of the deceased. She relied upon the following documents:-
a) Copy of her aadhar card Ex. PW-1/1(OSR).
b) Copy of aadhar card of petitioner no. 2 Ex. PW-1/2 (OSR)
c) Copy of aadhar card of petitioner no. 3 Ex. PW-1/3 (OSR).
d) Copy of aadhar card of petitioner no. 4 Ex. PW-1/4 (OSR).
e) Copy of death certificate of deceased Smt. Shashi Kanta Seth Ex. PW-1/5(OSR).
f) Copy of death certificate of deceased Smt.Bhawna Sekhri Ex. PW-1/6(OSR).
g) Copy of death certificate of father of the deceased Ex. PW- 1/7(OSR).
f) Copy Surviving Member Certificate of late Smt. Shashi Kanta Seth Mark A.
h) Copy Surviving Member Certificate of late Smt. Bhawna Seth @ Bhawna Sekhari Mark B.
i) Copy of joint demant account statement of late Smt. Shashi Kanta SCC No. 81/2019 Page No. 4/7 and Smt. Bhawna Seth @ Bhawna Sekhari bearing client ID no.
11664718 Mark C.
10. Since all the LRs have sought separate succession certificates of their entitled shares, only PW-1 was examined to establish the facts alleged on oath and examination of remaining petitioners was exempted with, vide order dated 05.01.2024.
11. RW-1 Sh. Shanti Lal s/o Late Sh. Hira Lal, AR for respondent no. 2/Alankit Assignments Ltd. brought the details of statement of Demat account of holding valuation Ex. RW-1/1 jointly maintained by deceased Smt Shashi Kanta Seth and Smt Bhawana Seth. As per the record, the said Demat account is having a total valuation of share amount of Rs.1,36,27,941.55/- as on 16.02.2024.
12. Thereafter, PE was closed vide order dated 05.01.2024 and the matter was listed for final arguments.
13. Heard. Perused.
14. From the material on record, it stands proved that deceased Smt Shashti Kant Seth expired on 24.04.2021 and at that time, she was ordinarily residing at House no. 59-C, Block 1A, Ashok Vihar, Phase -1, North West, Delhi-110052 and Smt. Bhawna Seth expired on 10.05.2021 and at that time, she was ordinarily residing at House no. C-1/72, Phase-II, Ashok Vihar, Delhi-110052, which confers the territorial jurisdiction upon this Court.
15. As per LR report, it is brought on record that the deceased Smt. SCC No. 81/2019 Page No. 5/7 Shashi Kanta Seth left behind, Jyoti Aggarwal (daughter), Preeti Khanna (daughter) and Master Shivom Sekhri (son of deceased daughter Bhawna Seth) as the only surviving legal heirs of the deceased.
16. Further, as per the Surviving Member Certificate filed on behalf of the petitioners, Master Shivom Sekhri (son) and Sh. Gaurav Sekhri (husband) are the only surviving legal heirs of the deceased Smt. Bhawna Seth @ Bhawna Sekhri.
17. From the testimony of the concerned witness of respondent no. 2 and statement of account Ex. RW-1/1, the total amount left behind by both the deceased in their joint Demant account has been brought on record. Succession certificate has been sought in favour of all the petitioners in their respective shares. Since the Demat account was jointly held by both the deceased persons, Petitioner no. 3 & 4 are entitled to receive ½ share each in the 50% of the amount held by late Smt. Bhawna Seth @ Bhawna Sekhri in addition to 1/3rd share jointly in the remaining 50% of the share of late Smt Shashti Kant Seth. Further, petitioner no. 1 and 2 are entitled to receive 1/3 share each in the 50% share of late Smt Shashti Kant Seth.
18. Considering the above, petitioner no. 1 Smt. Jyoti Aggarwal, and petitioner no. 2 Smt. Preeti Khanna are held entitled to a Succession Certificate in respect of their 1/6th share each in the amount of Rs.1,36,27,941.55/- available in the Demat account having client ID 11664718 maintained with respondent no. 2 left behind by the deceased persons, along with accrued interest, if any.
SCC No. 81/2019 Page No. 6/719. Further, petitioner no. 3 Master Shivom Sekhri (minor through his natural guardian Sh. Gaurav Sekhri) and petitioner no. 4 Sh Gaurav Sekhri are held entitled to a Succession Certificate in respect of their 1/3rd share each in the amount of Rs. 1,36,27,941.55/- available in the Demat account having client ID 11664718 maintained with respondent no. 2 left behind by the deceased persons, along with accrued interest, if any.
20. Individual succession certificates be issued in favor of the petitioner no. 1 and 2 and petitioner no. 3 (through natural guardian) and petitioner no. 4 on furnishing of separate Indemnity Bond of the value of their individual share of the assets of the deceased with one surety of like amount each within one month from today. Petitioner no. 1, 2, 3 and 4to file court fees in terms of Article 12 Schedule 1 of the Court Fees Act as applicable to Delhi for issuance of succession certificate.
21. It is clarified, that succession certificate shall be considered only as an entitlement of petitioners, to receive the amount due towards the deceased late Smt. Shashi Kanta Seth and late Smt. Bhawna Seth from concerned Bank(s) /company so as to discharge the debtor(s).
22. File be consigned to Record Room after due compliance.
Digitally signed AMARDEEP by AMARDEEP KAUR KAUR Date: 2024.05.13 16:06:48 +0530 Announced in an Open Court. (Amardeep Kaur) ACJ/ARC/North-West District Rohini District Courts Delhi/13.05.2024. SCC No. 81/2019 Page No. 7/7