Delhi District Court
Tarawati @ Taramati vs State on 27 February, 2024
IN THE COURT OF SH. VINOD JOSHI,
ACJ-CCJ-ARC(EAST), KARKARDOOMA COURTS,
DELHI
Petition No.: SC-05/21
IN THE MATTER OF:
Tarawanti @ Taramati (Wife)
W/o Late Sh. Ramji Prasad,
R/o House no. 157, Gali no. 5,
H Block, Prem Nagar-I,
Kirari Suleman Nagar,
New Delhi-110086 ..Petitioner
VERSUS
1. State
2. Sh. Hemant (Nominee)
S/o Sh. Parsu Ram,
R/o H-157, Gali no. 5,
Prem Nagar-I,
Kirari Suleman Nagar,
New Delhi-86
3. Senior Manager Woman Resources
Hindustan Petroleum Corporation Limited,
6, 7, 8 Floor, North Tower, Scop Minnar,
District Center, Laxmi Nagar,
Delhi-110092 ...Respondents
DATE OF INSTITUTION : 11.01.2021
DATE OF RESERVING THE ORDER : 27.02.2024
DATE OF DECISION : 27.02.2024
PETITION U/S 372 OF INDIAN SUCCESSION ACT
JUDGMENT
SC 05/21 Page No. 1/4
1. The present petition has been filed under section 372 of the Indian Succession Act, 1925 by Tarawanti @ Taramati (hereinafter called petitioner) for a Succession Certificate in respect of service benefits maintained with Head of the Department, Human Resources (North Zone), Hindustan Petroleum Corporation Limited, 6, 7, 8 Floor, North Tower Scope Minar, District Centre, Laxmi Nagar, Delhi-110092 existing in the name of her deceased husband Sh. Ramji Prasad who is stated to be expired on 03.10.2019 in Delhi.
2. The petitioner is governed by Hindu Law.
3. The Notice of the present petition was given to the State by way of publication for the knowledge and awareness of general public in the newspaper 'Veer Arjun'. However, nobody from the general public has filed any objection to the present petition.
4. To prove her case, the petitioner examined herself as PW1. It is seen that the petitioner proved the death of her deceased husband by producing copy of his death certificate is Mark A. Petitioner has filed copy of her identity proof i.e Aadhar Card is PW-1/1.
Official from the office of SDM Office, concerned has already filed report of surviving member certificate.
5. Sh. Sharad Singh, Head of the Department, Human Resources (North Zone), Hindustan Petroleum Corporation Limited, 6, 7, 8 Floor, North Tower Scope Minar, District Centre, Laxmi Nagar, Delhi-110092 has filed a statement pertaining to the service benefits i.e Gratuity Payable, Leave Encashment, Productivity Incentive, Performance Linked Incentive, PF Balance SC 05/21 Page No. 2/4 and SBFS Balance of deceased Late Ramji Prasad. The reply shows a balance of Rs. 1,46,259/-, Rs. 8,549/-, Rs. 13,919/-, Rs. 4,411/-, Rs. 5,12,638/- and Rs. 2,05,179/-. The same is Ex RW-1/B (colly 4 pages).
6. Further respondent no. 2, is also gave his no objection with respect to the grant of succession certificate in favour of the petitioner.
7. Based on the deposition of PW1, no objection given by respondent no. 2 and supported by the documents relating to the said service benefits existing in the name of deceased, there is no reason for the court to doubt that the petitioner is entitled to the issuance of a Succession Certificate qua the balance amount.
8. The debt and securities of the deceased namely Late Ramji Prasad is within the territorial jurisdiction of this court, there is no bar to the grant of relief on the ground of jurisdiction, as per Section 371 of Indian Succession Act.
9. The court finds no impediment to the grant of Succession Certificate to the petitioner.
10. Thus, the present petition is allowed and succession certificate is ordered to be issued in favour of the petitioner lying in service benefits i.e Gratuity Payable, Leave Encashment, Productivity Incentive, Performance Linked Incentive, PF Balance and SBFS Balance for an amount of Rs. 1,46,259/-, Rs. 8,549/-, Rs. 13,919/-, Rs. 4,411/-, Rs. 5,12,638/- and Rs. 2,05,179/- maintained with Head of the Department, Human Resources (North Zone), Hindustan Petroleum Corporation Limited, 6, 7, 8 Floor, North Tower Scope Minar, District Centre, Laxmi Nagar, Delhi-110092 and any future interest as may accrue and existing in the name of SC 05/21 Page No. 3/4 her deceased husband namely Ramji Prasad.
11. Let requisite court fee and an indemnity bond with one surety of like amount be furnished within 15 days.
12. File be consigned to Record Room.
Announced in open Court VINOD JOSHI
Delhi Dated 27.02.2024 ACJ-CCJ-ARC(EAST)
KKD Courts/Delhi
SC 05/21
Page No. 4/4