Delhi District Court
Sh.Birender Mohan Sharma vs State on 25 August, 2012
IN THE COURT OF SH.MUNISH MARKAN,
ADMINISTRATIVE CIVIL JUDGE(SOUTH),
SAKET COURTS, NEW DELHI
SUCCESSION CASE NO.206/11
Sh.Birender Mohan Sharma
S/o Late Sh.Madan Mohan Sharma
R/o A10, Maharani Bagh,
New Delhi 110065
.................... Petitioner.
Versus.
State
................... Respondent.
Application for grant of Succession Certificate U/S 372 of
Indian Succession Act, 1925.
DATE OF INSTITUTION : 29.11.2011
DATE OF RESERVING ORDER : 25.08.2012
DATE OF PRONOUNCEMENT : 25.08.2012
JUDGMENT
1. The present application has been filed by the petitioner Sh.Birender Mohan Sharma for the grant of succession certificate U/S 372 of the Indian Succession Act, 1925 (hereinafter referred to as ''the Act'') in respect of debts and securities etc. of her deceased mother late Smt.Mandakini Sharma stating that he is the only ClassI legal Succession No.206/12 Page 1/4 heir of deceased. The State has been impleaded as respondent.
2. The notice of the petition was ordered to be published in the newspaper 'The Statesman' to invite objections from the public at large to the grant of succession certificate to the petitioner. The notice has been published in the newspaper 'The Statesman' on 19.12.2011, but none appeared on behalf of the public at large to file any objection in writing to the grant of succession certificate to the petitioner.
3. Thereafter, the petitioner Sh.Birender Mohan Sharma examined himself as PW1 and led his evidence by way of affidavit which is Ex. PW1/A in which he has deposed that his mother Smt.Mandakini Sharma W/o Late Sh.Madan Mohan Sharma had died on 23.12.2000, whose death certificate is Ex.PW1/1. He is the surviving member as reflected from certificate Ex.PW1/2. He further deposed that his mother was having 1000 shares of Bihar Sponge Iron Ltd., 106 shares of Tata Steel ltd., 400shares of Deepak Fertilizers & Petrochemicals Corporation Ltd, 280shares of Oswal Fats & Oils Ltd., 200shares of Carew & Co. Ltd., 200shares of Essar Oil Ltd., 166shares of Essar Shipping Ltd., 166shares of Essar Ports Ltd., 6400shares of Sona Koya Steering Systems Ltd., 24shares of J. K. Laxmi Cement Ltd., 16shares of Usha Martin Infotech Ltd., 80shares of Usha Martin Ltd., 100shares of Oriental Bank of Commerce, 75shares of Indofil Organic Industries Ltd., 20shares of Mc Dowell Holdings Ltd., 130shares of United Breveries Ltd., 19shares of United Breveries (Holding), 60shares of Sourashtra Chemicals Ltd., 556shares of Reliance Industries Ltd., 278shares of Reliance Communication Venture Ltd., 20shares of Reliance Succession No.206/12 Page 2/4 Energy Ltd., 13sharees of Reliance Capital Ltd., 69shares of Reliance Power Ltd., 60shares of Grasim Industries Ltd., 24shares of Birla VXL Ltd., 34shares of Ultra Tech Cement Ltd., 365shares of Sterlite Technologies Ltd., 190shares of Kesoram Industries Ltd., 1840shares of Ispat Industries Ltd., 50shares of Modipon Ltd., 294shares of Inspat Aloys Ltd., 200shares of Usha Rectifier Corp.(India) Ltd., 200shares of Orissa Synthetics Ltd., and investment in NSC in account no.3068 in post office Lodhi Road, New Delhi having deposit of Rs.9,42,683/, deposit of Rs. 3,52,001/ in Canara Bank, Maharani Bagh, New Delhi (both collectively exhibited as Ex.PW1/3), having total value of Rs.13,68,330/ as reflected in Annexure C. He also placed on record his own passport showing Smt.Mandakini Sharma as his mother.
4. I have heard the arguments on behalf of the petitioners and gone through the entire material available on record.
5. From the perusal of the testimony of PW1 Sh.Birender Mohan Sharma and all the documents tendered into evidence and relied upon by him, it is clear that deceased Smt.Mandakini Sharma died on 26.12.2000 as reflected from death certificate Ex.PW1/A. The Annexure C reflects the details of the assets amounting to Rs. 13,68,330/.
6. The aforesaid claim of petitioner so far is unrebutted and nobody appeared so far to contest the claim of the petitioner for grant of succession certificate U/S 372 of the Act. There is also no impediment U/S 370 of the Act to grant of Succession Certificate with respect to debts/security as mentioned above. Therefore, I deem it fit Succession No.206/12 Page 3/4 to allow the petition of the petitioners. Accordingly, the petition is hereby allowed.
7. In view of above, I hold that the petitioner Sh.Birender Mohan Sharma is entitled for the grant of succession Certificate U/S 373 of the Act with respect to the debts/securities of late Smt.Mandakini Sharma in the form of aforementioned shares /deposits amounting to Rs.13,68,330/ as mentioned in annexure C.
8. Accordingly, Succession Certificate be issued to the petitioner Sh.Birender Mohan Sharma on filing of court fee of Rs.34,208/ in terms of Article 12 Schedule 1 of the court fee Act 1870 as applicable to Delhi and an indemnity bond in the sum of Rs.13,68,330/ with one surety in the like amount.
File be consigned to Record Room.
Announced in open court (Munish Markan)
Administrative Civil Judge,
on 25th August 2012 (South), New Delhi
Succession No.206/12 Page 4/4