Delhi District Court
Indu Sharma vs . The State & Ors. on 7 January, 2016
Indu Sharma Vs. The State & Ors.
IN THE COURT OF SH. NIPUN AWASTHI
ACJCCJARC(EAST), KARKARDOOMA COURTS, DELHI
Petition No.:SC99/2015
Case ID No.:02402C0394112015
IN THE MATTER OF:
Smt. Indu Sharma
W/o Late Sh. Manmohan Sharma
R/o 8/90, Block 8A,
Geeta Colony, Delhi. .......Petitioner
Versus
1 STATE
Govt. Of N.C.T. of Delhi
2 Amit Sharma
S/o Late Sh. Manmohan Sharma
R/o 8/90, Block 8A,
Geeta Colony, Delhi
3 Megha Sharma
D/o Late Sh. Manmohan Sharma
R/o 8/90, Block 8A,
Geeta Colony, Delhi ....Respondents
DATE OF INSTITUTION : 06.11.2015
DATE OF RESERVING THE ORDER : 07.01.2016
DATE OF DECISION : 07.01.2016
PETITION U/S 372 OF INDIAN SUCCESSION ACT
JUDGMENT
1. The present petition has been filed under section 372 of SC99/2015 Page No. 1/3 Indu Sharma Vs. The State & Ors.
the Indian Succession Act, 1925 by Indu Sharma(hereinafter called petitioner) in respect of the shares left behind by her deceased husband Manmohan Sharma who expired on 13.04.2012 at Delhi.
2. The petitioner is governed by Hindu Law.
3. The date of death of Parkash Mehra @ Ram Parkash is 13.04.2012 and the present application under Section 372 of Indian Succession Act, 1925 for grant of Succession Certificate to Kanchan Rani, who claims to be the wife of deceased Manmohan Sharma was moved on 05.11.2015.
4. Under Article 137, Part II, Third Division to the Schedule to the Limitation Act 1963, the period of limitation for moving an application of the nature as the present application under Section 372 Indian Succession Act 1925 is, is three years from the day when the right to apply accrues.
5. Present petition is moved beyond the period of limitation prescribed, therefore, as the deceased expired on 13.04.2012 and the present petition was moved beyond three days thereafter i.e. 05.11.2015.
6. An application for condonation of delay of 270 days in moving the present application under Section 372 Indian Succession Act 1925 has been moved by the petitioner. The reason for the delay is stated to be the fact that the petitioner came to know about the share holdings of deceased Man Mohan Sharma when she started receiving annual reports for the year 20142015 in the month of August SC99/2015 Page No. 2/3 Indu Sharma Vs. The State & Ors.
2015.
7. Man Mohan Sharma expired on 13.04.2012. During the course of hearing on the application for condonation of delay, it is discovered that the petitioner had been receiving dividend issued by the companies in name of deceased for past three years even after his death. The said fact is inconsistent with and contrary to, the represented inference that the petitioner came to know about the share holdings of deceased in 2015. Thus, the delay in moving the application is not reasonable and acceptable rather it is manifestly a lie and false.
8. Application for condonation of delay is dismissed.
9. The right to apply accrued on the death of Manmohan Sharma on 13.04.2012 and the application was moved on 05.11.2015 which is manifestly much beyond the prescribed period of limitation. The petition is dismissed being barred by limitation.
10. File be consigned to Record Room.
Announced in open Court.
Delhi Dated the 07.01.2016 This Judgment contains 3 pages and each page is signed by me.
(Nipun Awasthi) ACJcumCCJcumARC(E) KKD Courts, Delhi.
SC99/2015 Page No. 3/3