Delhi District Court
Smt.Omvati vs State (Govt. Of N.C.T. Of Delhi) on 16 September, 2022
IN THE COURT OF MS. NEHA PRIYA
ACJ-cum-CCJ-cum-ARC, SHAHDARA
KARKARDOOMA COURTS, DELHI.
SC No. 59/21
Smt.Omvati
W/o late Sh. Ramesh Chand
R/o 671, Jwala Nagar,
Pal Gali, Shahdara,
New Delhi-110032 ........Petitioner
Versus
1 State (Govt. of N.C.T. of Delhi),
Through SDM, Vivek Vihar
D.C. Office Complex,
Nand Nagri, Opposite Gagan Cinema,
Delhi-110093
2 Pardeep Pal
S/o late Sh. Ramesh Chand
R/o 671, Jwala Nagar,
Pal Gali, Shahdara,
New Delhi-110032
3 Amit Pal
S/o late Sh. Ramesh Chand
R/o 671, Jwala Nagar,
Pal Gali, Shahdara,
New Delhi-110032
4 Sumit Pal
S/o late Sh. Ramesh Chand
R/o 671, Jwala Nagar,
Pal Gali, Shahdara,
New Delhi-110032
5 Deepak Pal
S/o late Sh. Ramesh Chand
R/o 671, Jwala Nagar,
Pal Gali, Shahdara,
New Delhi-110032 ......Respondents
SC No. 59/21 Omwati Vs. The State (Govt. of N.C.T.) Delhi & Ors. 1 of 5
PETITION FOR GRANT OF SUCCESSION CERTIFICATE UNDER SECTION
372 OF THE INDIAN SUCCESSION ACT, 1925
1. Date of Institution of Petition : 30.07.2021
2. Date of Judgment : 16.09.2022
3. Decision : Petition Allowed
JUDGMENT
1. Vide this judgment, this Court shall dispose off the petition filed by petitioner for grant of succession certificate in her favour in respect of Post Office saving Bank account (SBCHQ) bearing no. 1146397054 (Old No. 846957) with General Post Office, New Delhi, which existed in the name of deceased late Sh. Ramesh Chand.
2. In the petition, it is inter-alia pleaded that petitioner is the wife, and respondent no. 2 to 5 are the sons of late Sh. Ramesh Chand who expired on 12.11.2020; apart from petitioner and respondent no. 2 to 5, there is no surviving legal heir of the deceased; the deceased was ordinarily residing within the territorial jurisdiction of this Court; and there is no legal impediment in the grant of succession certificate in favour of petitioner.
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 'Veer Arjun' on 11.10.2021. 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 persons were examined in the form of PW-1 i.e. Smt. Omvati, PW-2 i.e. Sh. Ashok Kumar Chawla, Public Relation Inspector, Post Office, Rajender Nagar, RW-1 i.e. Sh. Satyapal, Kanungo, SDM Office, Vivek Vihar, RW-2 i.e. Sh.Pardeep Pal, RW-3 i.e. Sh.Amit Pal, RW-4 i.e. Sh. Sumit Pal and RW-5 i.e. Sh. Deepak Pal.
SC No. 59/21 Omwati Vs. The State (Govt. of N.C.T.) Delhi & Ors. 2 of 5
5. PW-1 Smt. Omvati filed her affidavit of evidence in the form of Ex.PW1/A wherein she reiterated the contents of the petition and relied upon the documents Ex.PW1/1 i.e. the copy of death certificate of late Sh. Ramesh Chand, Ex.PW1/2 i.e. the copy of her aadhar card and Ex.PW1/3 i.e. copy of post office saving account pass book of deceased Sh. Ramesh Chand.
6 PW2 Sh. Ashok Kumar Chawla brought a record pertaining to statement of account with respect to post office saving account (SBCHQ) bearing no. 1146397054 (Old No. 846957) having balance amount of Rs. 12,26,744.35/- as on 31.03.2022 in name of Sh. Ramesh Chand wherein there was no nominee. The authorization letter dated 23.08.2022 was exhibited as Ex. PW2/A, the statement of account as Ex.PW2/B (Colly.), account opening form as Ex.PW2/C and copy of his ID proof as Ex. PW 2/D.
7. RW-1 Sh. Satyapal, who appeared on behalf of respondent no.1 filed report regarding the legal heirs of deceased namely Late Sh. Ramesh Chand who expired on 12.11.2020 as per which he left behind five legal heirs namely Smt. Omwati (wife), Pradeep Rai (son), Amit Pal (son), Sumit Pal (son), Deepak Pal (son). Report of SDM, Vivek Vihar, Delhi was exhibited as Ex.RW1/1, application form/verification form along-with copies of IDs of witnesses as Ex.RW2/2 and his ID proof as Ex.RW1/3.
8. RW-2 Sh. Pardeep Pal stated that he was the son of deceased late Sh. Ramesh Chand and he has no objection if succession certificate was issued in favour of petitioner qua the debts and securities of deceased late Sh. Ramesh Chand. His NOC was exhibited as Ex.RW2/A and copy of his ID proof as Ex.RW2/B.
9. RW-3 Sh. Amit Pal stated that he was the son of deceased late Sh. Ramesh Chand and he has no objection if succession certificate was issued in favour of petitioner qua the debts and securities of deceased late Sh. Ramesh Chand. His NOC was exhibited as Ex.RW3/A and copy of his ID proof as Ex.RW3/B. SC No. 59/21 Omwati Vs. The State (Govt. of N.C.T.) Delhi & Ors. 3 of 5
10. RW-4 Sh. Sumit Pal stated that he was the son of deceased late Sh. Ramesh Chand and he has no objection if succession certificate was issued in favour of petitioner qua the debts and securities of deceased late Sh. Ramesh Chand. His NOC was exhibited as Ex.RW4/A and copy of his ID proof as Ex.RW4/B.
11. RW-5 Sh. Deepak Pal stated that he was the son of deceased late Sh. Ramesh Chand and he has no objection if succession certificate was issued in favour of petitioner qua the debts and securities of deceased late Sh. Ramesh Chand. His NOC was exhibited as Ex.RW5/A and copy of his ID proof as Ex.RW5/B.
12. During the course of final arguments, Ld. Counsel for the petitioner referred to the testimonies of PW-1 Smt. Omvati, RW-1 Sh. Satyapal, RW-2 Sh. Pardeep Pal, RW-3 Sh. Amit Pal, RW-4 Sh. Sumit Pal and RW-5 Sh. Deepak Pal and submitted that material on record was sufficient to conclude that petitioner and respondent no. 2 to 5 were the only surviving legal heirs of deceased late Sh. Ramesh Chand; that the testimony of PW-2 establishes that aforesaid debts and securities in the name of deceased late Sh. Ramesh Chand existed with General Post Office, New Delhi 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 saving account.
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, RW-1 to RW-5 prove that deceased late Sh. Ramesh Chand expired on 12.11.2020 and the petitioner and respondent no. 2 to 5 are the only known surviving legal heirs of deceased late Sh. Ramesh Chand. The testimony of PW- 2 proves that Post Office saving Bank account (SBCHQ) bearing no. 1146397054 (Old No. 846957) having balance amount of Rs. 12,26,744.35/- as on 31.03.2022 was held by deceased late Sh. Ramesh Chand with General Post Office, New Delhi. RW-2 to RW-5 have no objection to issuance of succession certificate in favour of the petitioner.
SC No. 59/21 Omwati Vs. The State (Govt. of N.C.T.) Delhi & Ors. 4 of 5 No one else has come forward to oppose this succession petition despite publication in 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 her. Thus, present petition qua the grant of succession certificate in respect of the aforesaid Post Office saving Bank account (SBCHQ) bearing no. 1146397054 (Old No. 846957), existing with General Post Office, New Delhi, is hereby allowed. Accordingly, succession certificate be issued in favour of the petitioner, upon filing of requisite court fees and indemnity bond by the petitioner, with one surety.
16. The succession certificate shall be considered only as an entitlement of the petitioner to receive the amount of aforesaid saving account (with upto date interest). The succession certificate shall not be considered as a direction as such to General Post Office, New Delhi to release the said amount to the petitioner, and General Post Office, New Delhi shall be competent to seek compliance of formalities, if any, by the petitioner for securing release of the said amounts, as per rules. File be consigned to record room after due compliance.
Announced in the open Court (NEHA PRIYA)
on 16.09.2022 ACJ-CCJ-ARC/Shahdara,
KKD/Delhi
SC No. 59/21 Omwati Vs. The State (Govt. of N.C.T.) Delhi & Ors. 5 of 5