Delhi District Court
Shaista & Ors. vs . State & Ors. on 2 January, 2023
IN THE COURT OF SH. DEEPAK VATS
Administrative Civil Judge - Commercial Civil Judge
Additional Rent Controller
SouthEast, Saket Courts, Delhi
SS No.216/2022
Shaista & Ors. Vs. State & Ors.
1. Smt. Shaista
W/o Late Sh. Anis Khan
2. Sabi Malik (Minor)
D/o Late Sh. Anis Khan
3. Ayan (Minor)
S/o Late Sh. Anis Khan
4. Maira Malik (Minor)
D/o Late Sh. Anis Khan
(Petitioner 2 to 4 are minor Through
natural guardian petitioner no.1 Mother)
All resident of;
R/o C112, Abul Fazal EncII,
Shaheen Bagh, Jamia Nagar,
New Delhi110025.
.... Petitioners
Versus
1. The State
Through, SDM (SouthEast),
Old Gargi college building
behind Lady Shri Ram College,
Lajpat Nagar4, New Delhi110024
_____________________________________________________________________________________
SS No.216/2022 Digitally signed
by DEEPAK
Shaista & Ors. Vs. State & Ors. DEEPAK VATS
VATS Date:
2023.01.02 Page no. 1 of 5
16:07:20 +0530
2. Life Insurance Corporation of India
LIC of India, Delhi D.O.I,
"Jeevan Parkash", 25, K.G. Marg,
New Delhi110002.
Through its Manager
.... Respondents
PETITION FOR GRANT OF SUCCESSION CERTIFICATE
UNDER SECTION 372 OF THE INDIAN SUCCESSION ACT,
1925
1. Date of Institution of Petition : 15.10.2022
2. Date of Judgment : 02.01.2023
3. Decision : Petition Allowed
JUDGMENT
1. This Judgment shall dispose of a petition filed by petitioners for grant of succession certificate in their favour qua the debt and securities in the name of late Sh. Anis Khan with Life Insurance Corporation of India in the form of LIC policy.
2. In the petition, it is interalia pleaded that late Sh. Anis Khan was husband of petitioner no.1 and father of petitioner no.2, 3 & 4 who passed away on 24.11.2021. It is pleaded that at the time of his death, he was ordinarily residing within the territorial jurisdiction of this Court. It is further stated that Sh. Aziz Khan @ Hazi Azeez (father of the deceased) who was the nominee in the aforesaid policy who had also expired on 23.01.2019. It is pleaded that now, petitioner no.1, 2, 3 & 4 are the only legal heirs of deceased.
_____________________________________________________________________________________ SS No.216/2022 Digitally signed Shaista & Ors. Vs. State & Ors. DEEPAK by DEEPAK VATS VATS Date: 2023.01.02 Page no. 2 of 5 16:07:28 +0530
3. The record of the Court file reflects that the general notice of this petition was given to public by way of publication in the newspaper ''Veer Arjun' on 23.11.2022. In response to the notice, no person from the general public came forward to offer any objection(s) qua grant of succession certificate to the petitioner.
4. During the summary proceedings conducted as per Section 373 of the Indian Succession Act, 1925, 03 witnesses were examined.
5. In her testimony, PW1 Smt. Shaista tendered her evidence by way of affidavit Ex.PW1/1 and relied upon documents Ex.PW1/A (death certificate of the deceased namely Sh. Anis Khan), Ex.PW1/B (OSR) (copy of LIC Policy bearing no.113255845), Ex.PW1/C (OSR) (copy of death certificate of nominee Late Hazi Azeez), Ex.PW1/D (OSR) (Copy of Aadhar card of deceased Anis Khan) and Ex.PW1/E (Colly) (OSR) (copy of Aadhar card of petitioner no.1 to 4).
6. During his testimony, RW1 Sh. Sanjay Sharma, Bailiff, SDM Office, Defence Colony, produced legal heir report of deceased Late Sh. Anish Khan and proved the same as Ex.RW1/A.
7. During his testimony, RW2 Sh. Dev Bhushan Negi, Assistant from LIC, Branch119 Moolchand, produced the details pertaining to the LIC policy no. 113255845 in the name of Mr. Anish Khan and deposed that as on 07.12.2022 a sum of Rs.43,400/ was payable under the said policy and policy has been matured. He further _____________________________________________________________________________________ SS No.216/2022 DEEPAK Digitally signed by DEEPAK VATS Shaista & Ors. Vs. State & Ors. VATS Date: 2023.01.02 16:07:37 +0530 Page no. 3 of 5 deposed that policy holder had nominated his father Mr. Aziz Khan as his nominee. RW2 proved his report as Ex.RW2/A.
8. I have perused the record and the testimonies of all the witnesses. I have also gone through the record.
9. Perusal of legal heir report of deceased Ex.RW1/A shows that the petitioner no.1, no.2, no.3 & no.4 are the legal heir of late Sh.Anish Khan. Further, no one came forward to oppose issuance of succession certificate despite publication in newspaper.
10. The petitioners belong to Sunni Sect of Muslims. As per the Islamic law of inheritance of Sunni Muslims, the widow in the presence of children gets 1/8th share, the sons and daughters get as residnaries wherein a daughter gets half of the share of a son. Applying this principle to the present case, the petitioner no.1 is entitled for 1/8th share and petitioner no.2 to 4 are entitled to remaining 7/8th share wherein petitioner no.3 shall get double the share than petitioner no.2 & 4. The share of petitioners are as follows:
Petitioner no.1= 1/8th, petitioner no.2= 7/32, petitioner no.3 = 7/16, petitioner no.4=7/32nd.
11. In view of legal heir report, it is hereby ordered that succession certificate be issued in favour of petitioner no.1= 1/8th share, petitioner no.2= 7/32nd share, petitioner no.3= 7/16 th share and petitioner no.4=7/32nd share for the debts and securities of the deceased securities of late Sh.Anish Khan which _____________________________________________________________________________________ SS No.216/2022 Digitally signed by Shaista & Ors. Vs. State & Ors. DEEPAK DEEPAK Date:
VATS VATS 2023.01.02 Page no. 4 of 5 16:07:50 +0530 are as follows:
Name of the Address of Insurance Policy No. Amount account holder Company LIC 113255845 Rs.43,400/ Late Sh. Anish Branch 119, Moolchand, Khan New Delhi110045
12. The succession certificate shall be considered only as an entitlement of the petitioners to receive the amount (with applicable interest till date, if any) due towards late Sh.Anish Khan as referred above. The succession certificate shall not be considered as a direction to concerned bank/official to transfer the aforesaid amount to petitioner. The concerned bank/official shall be competent to seek compliance of formalities, if any, to be fulfilled for the said purpose.
13. Upon filing of requisite Court fees of Rs.868/ and indemnity bond by petitioner, succession certificate be issued.
14. File be consigned to Record Room after due compliance as per law.
Digitally signed
DEEPAK by DEEPAK
VATS
Announced in open Court VATS Date: 2023.01.02
16:08:00 +0530
on 2nd January, 2023 (Deepak Vats)
ACJcumCCJcumARC (South East)
Saket Courts, New Delhi
_____________________________________________________________________________________ SS No.216/2022 Shaista & Ors. Vs. State & Ors.
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