Delhi District Court
Ajay Chatrath vs The State And Anr on 26 September, 2025
IN THE COURT OF MS. CHARU ASIWAL
ACJ-cum-CCJ-cum-ARC, SHAHDARA
KARKARDOOMA COURTS, DELHI
DLSH030007962023
Succession Court 53/2023
1. Mr. Ajay Chatrath,
Son of Late Shri Rajkumar,
R/o R-406, Anupam Apartments,
East Arjun Nagar, Delhi-110032.
...petitioner
Versus
1. State (NCT of Delhi)
...respondent No.1
2. Mrs. Vandana Malhotra,
D/o Late Shri Rajkumar,
W/o Mr. Raman Malhotra,
R/o Flat No.88, SFS Flats,
Near Batra Cinema, Dr. Mukherjee Nagar,
Delhi-110009.
...respondent No.2
PETITION FOR GRANT OF SUCCESSION
CERTIFICATE BY AND ON BEHALF OF THE
PETITIONER TO GRANT OF SUCCESSION
CERTIFICATE IN RESPECT OF DEBTS/ SECURITIES
OF DECEASED LATE SH. RAJESH KUMAR.
Date of Institution : 24.04.2023.
Judgment reserved on : 08.08.2025.
Judgment pronounced on : 26.09.2025.
JUDGMENT
26.09.2025.
1. Petition Allowed. Digitally signed by CHARU CHARU ASIWAL ASIWAL Date:
2025.09.27 15:52:37 +0530 SC No.53/23 Ajay Chatrath Vs. The State and Anr. pg. no. 1/8
2. Vide the present petition, succession certificate is sought by the petitioner in respect of debts/ securities along with future interest in the name of deceased late Sh. Rajesh Kumar, brother of the petitioner No.1 and Respondent No.2.
3. In the petition, it is inter alia pleaded that the petitioner is one of the legal heirs of the deceased late Sh. Rajesh Kumar and the deceased was ordinarily residing at R-406, Anuupam Apartment, East Arjun Nagar, Delhi-110032, within the territorial jurisdiction of this Court and there is no legal impediment in the grant of succession certificate in favour of the petitioner No.1 and respondent No.2.
4. Perusal of the record reveals that the notice of this petition was given to the general public by way of publication in the newspaper 'Veer Arjun' on 16.05.2023 and by way of affixation on 02.08.2023. In response to the notice, no person from the general public came forward to raise any objection for grant of succession certificate in favour of the petitioner No.1 and respondent No.2.
5. During the summary proceedings conducted as per Section 373 of the Indian Succession Act, 1925, six (06) persons were examined.
6. PW1/Sh. Ajay Chatrath appeared virtually and filed his CHARU evidence by way of affidavit which is Ex. PW-1/A which ASIWAL Digitally signed by CHARU ASIWAL Date: 2025.09.27 15:52:47 +0530 SC No.53/23 Ajay Chatrath Vs. The State and Anr. pg. no. 2/8 bears my signature at point A and B respectively. He relied upon the documents i.e.
(i)Copy of Adharcard of PW1 is Ex. PW1/1 (OSR).
(ii)Original print of death certificate of late Sh. Rajesh Kumar is Ex. PW1/2.
(iii)Original print of death certificate of late Smt Manish Sikri W/o Sh. Rajesh Kumar is Ex. PW1/3.
(iv)Original print of death certificate of late Smt Suman (mother of PW1) is Ex. PW1/4.
(v)Original print of death certificate of late Sh. Rajkumar (father of PW1) is Ex. PW1/5.
(vi)Original print of trail emails exchanged with Capgemini Technology Services India Pvt. Ltd. till 27.09.2021 is Ex.PW1/6.
(vii)Original print out of PPF passbook of Sh. Rajesh Kumar is Ex. PW1/7 (colly).
(viii)Copy of letter dated 25.04.2022 issued by LIC is Ex. PW1/8 (OSR).
(ix)Certificate under Section 65B Indian Evidence Act is Ex.PW1/9.
(x)The PF balance as on October, 2024 is as per document already Ex. PW3/A (colly) (18 pages).
(xi)Letter dated 25.07.2024 given by LIC same is already Ex.PW2/A depicting the balance of Rs.1,64,200/-.
7. PW-2/Sh. Daya Ram appeared as a summoned witness on behalf of LIC of India and filed statement in respect of LIC Policy No. 123163544 dated 25.07.2024 on behalf of LIC CHARU ASIWAL of India. Same is Ex. PW2/A. As per record of LIC, a sum Digitally signed by CHARU ASIWAL Date: 2025.09.27 15:52:59 +0530 SC No.53/23 Ajay Chatrath Vs. The State and Anr. pg. no. 3/8 of Rs. 1,64,200/- is payable as terminal benefit of Late Sh. Rajesh Kumar in respect to the said insurance policy. As per record of LIC, Sh. Raj Kumar(father of the deceased) is the nominee and he expired on 01.05.2020. Smt. Manisha Sikri (wife of the deceased) was expired on 28.04.2021. The copy of his Official Identity Card is Ex.PW2/B.
8. PW-3/Sh. Santosh Kumar Singh appeared as a summoned witness on behalf of Employees Provident Fund Organization and filed the print out of e-mail dated 10.10.2024 received from Regional Office, Bandra, Mumbai, vide which Member Ledger Statement of Sh. Rajesh Kumar(deceased) having PF Member ID No. ΜΗΒΑΝ00187340000041619 was received. The print outs of e-mail dated 10.10.2024 and Member Ledger Statement are now exhibited as Ex. PW3/A(Colly 18 Pages). As per record of EPFO, a sum of Rs.5,81,871/- is payable as balance PF dues with interest as on October, 2024. The ne nominee of the deceased will also be eligible for pension of Rs.2,901/- w.e.f. 10.11.2020. In case, there is is no nominee the pension fund (EPS) amount of Rs.1,18,788/- would be refunded as withdrawl benefit instead of pension The deceased's LRs are entitled for a sum of Rs.6,00,000/- towards the Employee's Deposit Link Insurance (EDLI). The same amounts are reflected in the calculation sheet (calculated amount under EPF, EPS and Digitally signed by CHARU CHARU ASIWAL EDLI may be revised upward/downward if any new/added ASIWAL Date:
2025.09.27 15:53:16 +0530 information or data comes to the knowledge of the EPFO SC No.53/23 Ajay Chatrath Vs. The State and Anr. pg. no. 4/8 Office before/at the time of settlement of claim), which is received vide e-mail dated 21.10.2024. The print outs of e- mail dated 21.10.2024 and Calculation Sheet/Statement are now exhibited as Ex.PW3/B(Colly 3 Pages). The certificate u/s 65B of Indian Evidence Act r/w Section 4 of IT Act is now exhibited as Ex.PW3/C. The copy of his Official Identity Card is Ex.PW3 and office note regarding authorization to appear in the present matter is Ex. PW 3/E.
9. PW-4/ Sh. Ginny Sharma appeared as the summoned witness and brought the report with respect to employee namely Sh. Rajesh Kumar, E.C. 1018325. He joined the company on 01.10.2016 and his date of leaving as per company record is 10.11.2020 since he expired. His full and final amount regarding his salary and other dues is Rs.52,148/- as on date of his death i.e. 10.11.2020, Group Term Life Insurance amount is Rs.13,27,819/- and gratuity amount is Rs.1,22,887/-. As per report, the net payable amount is Rs. 15,02,854/-, He was further entitled to the provident fund which can also be proceed by the company through PF Department. The said report which contains the payable amount, authority letter, letter of appointment, salary break up, letter of offer and F&F settlement is Ex.
PW-4/A (Colly.) and copy of his ID Card is Ex. PW- 4/B(OSR).
10.RW-1/ Sh. Krishan Kumar appeared on behalf of Digitally signed by CHARU CHARU ASIWAL respondent no.1 SDM Office, Vivek Vihar, Delhi and filed ASIWAL Date:
2025.09.27 15:53:24 +0530 SC No.53/23 Ajay Chatrath Vs. The State and Anr. pg. no. 5/8 report regarding the legal heirs of deceased namely late Sh. Rajesh Kumar S/o late Sh. Raj Kumar who expired on 10.11.2020, wife of Sh. Rajesh Kumar, namely, Late Smt. Manisha Sikri expired on 28.04.2021, father of Sh. Rajesh Kumar, namely, Late Sh. Raj Kumar expired on 01.05.2020 and his mother namely, Smt. Suman w/o Late Sh. Raj Kumar also expired on 27.04.1990, and Late Sh.
Rajesh Kumar has left behind after his death the following two legal heirs. 1. Sh. Ajay Chatrath (brother) and 2. Smt. Vandana Malhotra (sister). Report of Executive Magistrate, Vivek Vihar, District, Delhi is Ex.RW1/1 and his ID proof is Ex.RW1/2 (OSR).
11.RW-2/ Mrs. Vandana Malhotra appeared and filed her evidence by way of affidavit which is Ex. RW-2/A. Which bears her signature at point A and B respectively. She relied upon the documents i.e. her adharcard is Ex. RW- 2/B (OSR).
12. During the course of final arguments, Ld. Counsel for the petitioner referred to the testimonies of the witnesses examined and submitted that the material on record was sufficient to conclude that the petitioner is one of the surviving legal heirs of the deceased and that there is no impediment in grant of succession certificate in favour of petitioner.
Digitally signed by
13.Heard. Record perused. CHARU CHARU ASIWAL ASIWAL Date:
2025.09.27 15:53:37 +0530 SC No.53/23 Ajay Chatrath Vs. The State and Anr. pg. no. 6/8
14.The testimonies of the witnesses examined prove that Late Sh. Rajesh Kumar passed away on 10.11.2020. On such date, as per Section 8 of Hindu Succession Act, 1956 ('Act'), petitioner No.1(brother) and respondent No.2(sister) are the Class II legal heirs as per the Schedule of the Act, as none of his Class I legal heirs have survived. No one else has come forward to oppose this succession petition as well despite publication in newspaper.
15.In light of the aforesaid facts and circumstances and on the basis of the material placed on record, this Court is of the view that the present petition is liable to be favourably considered. Thus, the present petition qua the grant of succession certificate in respect of statements i.e., LIC policy bearing no. 123163544 dated 25.07.2024, having sum assured of Rs.1,64,200/-, EPFO PF member ID No. MHBAN00187340000041619 having sum of Rs.5,81,871/-, the pension fund (EPS) amount of Rs.1,18,788/- would be refunded as withdrawl benefit instead of pension. The deceased's Lrs are entitled for a sum of Rs.6,00,000/- towards the Employee's Deposit Link Insurance(EDLI) and report with respect to employee namely Sh. Rajesh Kumar, E.C. 1018325 , his full and final amount regarding his salary and other dues is Rs.52,148/-, group term life insurance amount is Rs.13,27,819/- and gratuity amount is Rs.1,22,887/- as per report, the net payable amount is Rs.15,02,854/-, as per the total amount of Rs.29,67,713/- in the name of Sh. Rajesh CHARU ASIWAL Kumar stands allowed in favour of petitioner No.1 and Digitally signed by CHARU ASIWAL Date: 2025.09.27 15:53:48 +0530 SC No.53/23 Ajay Chatrath Vs. The State and Anr. pg. no. 7/8 respondent No.2.
16.Total value of above securities held by deceased turns out to be Rs.29,67,713/-. Accordingly, succession certificate be issued in favour of the petitioner and respondent No.2 to the extent of 1/2nd share each of such security amount of Rs.14,83,856.5(rounded)/-.
17.Since the petition in question pertains to issuance of succession certificate qua petitioner No.1 and respondent No.2 respectively, it is undertaken by the petitioner and respondent No.2 to pay the combined Court fee i.e. Rs.74,192.82(rounded)/- in terms of Article 12 Schedule 1 of Court Fees Act, 1870 as applicable in Delhi & on furnishing an Indemnity Bond with one surety each within 30 days from today.
18.File be consigned to Record Room after necessary compliance. Digitally signed CHARU by CHARU Announced in the open Court ASIWAL ASIWAL Date: 2025.09.27 on 26.09.2025. 15:53:54 +0530 (Charu Asiwal) ACJ/CCJ/ARC/Shahdara KKD Courts/Delhi 26.09.2025.
SC No.53/23 Ajay Chatrath Vs. The State and Anr. pg. no. 8/8