Delhi District Court
Alaksha Sarna vs State Of Nct & Ors. on 6 March, 2023
In The Court Of Ms. Paridhi Sharma, Administrative Civil Judge
cumCommercial Cases JudgecumAdditional Rent Controller,
South West District, Dwarka Courts, Delhi.
CNR No. : DLSW030014032019
Under Section : 372 of The Indian Succession Act, 1925
Alaksha Sarna versus State of NCT & Ors.
a) Succession Court Case No. : 87/2019
b) Name & address of the : Alaksha Sarna,
petitioner S/o Late S R Sarna,
R/o H. No. 61,
Parmarth Apartment,
DBlock, Vikas Puri,
New Delhi 110018.
c) Name & address of the : 1. State of NCT
respondents (N.C.T of Delhi)
: 2. The Manager/Director,
Karvy Fintech Private
Limited,
Regd. Office: Karvy
Selenium TowerB,
Plot No. 31 & 32,
Gachibowli, Financial
District Nanakramguda,
Serilimganpally,
Hyderabad500032,
Telangana.
Succession Court Case No. 87/2019 Alaksha Sarna v. The State (NCT of Delhi) & Ors. Page 1/8
: 3. Hindustan Lever
Limited,
Regd. Office: Hindustan
Lever House, 165166,
Backbay Reclamation,
Mumbai400020.
: 4. Sushma Malhotra,
W/o Hitesh Malhotra,
D/o Late S R Sarna,
R/o H. No. 58,
Prashasan Nagar,
Road No. 72, Jubilee Hills,
Hyderabad33.
: 5. The Manager/Director,
Indusind Bank Limited,
Having its office at: 2401,
Gen. Thimmayya Road,
Cantonment, Pune 411 001
India.
Date of Institution : 26.07.2019
Final arguments heard on : 06.03.2023
Judgment pronounced on : 06.03.2023
Petition under Section 372 of The Indian Succession Act, 1925
for grant of succession certificate in respect of the debts &
securities of deceased, S.R. Sarna.
JUDGEMENT
1. The present petition has been filed by the petitioner for grant of succession certificate under section 372 of Indian Succession Court Case No. 87/2019 Alaksha Sarna v. The State (NCT of Delhi) & Ors. Page 2/8 Succession Act, 1925 (hereinafter referred to as the "Act"), in respect of debts and securities of deceased, S.R. Sarna.
2. Factual Matrix: The case of the petitioner is that petitioner is the son of the deceased and respondent no. 4 is the daughter of the deceased. It is averred that deceased died on 01.04.2008. It is further averred that the deceased was a resident of H. No. 61, Parmarth Apartments, DBlock, Vikas Puri, New Delhi 110018. Further, it is averred that the deceased was survived by two legal heirs i.e. petitioner (son of the deceased) and respondent no. 4 (daughter of the deceased). The petitioner has approached this court with the instant petition seeking grant of succession certificate in respect of shares which were purchased by the deceased and which pertain to Karvy Fintech Private Limited and Hindustan Lever Limited.
3. Summoning of respondents and chain of subsequent events: Notice of the petition was ordered to be published in newspaper and accordingly, publication was done in newspaper titled as "Veer Arjun" dated 10.08.2019 but none appeared on behalf of public at large, to raise any objection to grant of succession certificate in favour of petitioner.
Succession Court Case No. 87/2019 Alaksha Sarna v. The State (NCT of Delhi) & Ors. Page 3/84. Petitioner filed NAV as on 06.03.2023 in respect of shares pertaining to Indusind Bank and NAV as on 10.12.2019 in respect of shares pertaining to Karvy Fintech Private Limited which were purchased by the deceased .
Respondent no. 4 filed her NOC wherein it is stated that she has no objection to the grant of succession certificate in favour of the petitioner.
5. Evidence adduced by the petitioners: Petitioner i.e. Alaksha Sarna got himself examined as PW1 and tendered his evidence by way of an affidavit which is Ex. PW1/A and relied on the following documents:
(i) Copy of death certificate of deceased, namely, S.R. Sarna which is Ex. PW1/1 (OSR).
(ii) Share certificate which is Ex. PW1/2.
(iii) AffidavitcumNOC of respondent no. 4, namely, Sushma Malhotra which is Ex. PW1/3.
PW1 stated that his mother, namely, Smt. Janak Sarna expired on 04.09.1997.
6. Thereafter, petitioner's evidence was closed and final arguments were heard.
Succession Court Case No. 87/2019 Alaksha Sarna v. The State (NCT of Delhi) & Ors. Page 4/87. Arguments, Appreciation of Evidence and Reasons:
I have heard learned counsel for the petitioner, perused the material placed on record and considered the submissions advanced.
8. In Madhvi Amma Bhawani Amma & Ors. v.
Kunjikutty Pillai Meenakshi, AIR 2000 SC 2301, 2000 (3) ALT 35 SC, 2001 (49) BLJR 813, it was held as under:
" The enquiry in proceedings for grant of succession certificate is to be summary, and the Court, without determining questions of law or fact, which seem to it to be too intricate and difficult for determination, should grant the certificate to the person who appears to have prima facie the best title thereto. In such cases the Court has not to determine definitely and finally as to who has the best right to the estate. All that it is required to do is to hold a summary enquiry into the right to the certificate, with a view, on the one hand, to facilitate the collection of debts due to the deceased and prevent their being timebarred, owing (for instance) to dispute between the heirs inter se as to their preferential right to succession, and, on the other hand, to afford protection to Succession Court Case No. 87/2019 Alaksha Sarna v. The State (NCT of Delhi) & Ors. Page 5/8 the debtors by appointing a representative of the deceased and authorising him to give a valid discharge for the debt. The grant of a certificate to a person does not give him an absolute right to the debt nor does it bar a regular suit for adjustment of the claims of the heirs inter se".
9. From the oral and documentary evidence on record, prima facie findings are as under:
a) Deceased i.e. S.R. Sarna was a resident of H. No. 61, Parmarth Apartments, DBlock, Vikas Puri, New Delhi 110018. The matter thus, falls within the jurisdiction of this court.
b) Deceased had expired on 01.04.2008 leaving behind two class1 legal heirs that is, petitioner (son of the deceased) and respondent no. 4 (daughter of the deceased).
10. Debts and Securities: Deceased died intestate qua debts and securities which are mentioned in the petition as well as in the testimony of PW1. The same are various shares purchased by the deceased pertaining to Karvy Fintech Private Limited and Indusind Bank.
Succession Court Case No. 87/2019 Alaksha Sarna v. The State (NCT of Delhi) & Ors. Page 6/8
S. Name of Folio No. Number Value of share
No. company of shares (as on
31.01.2023)
1. Karvy Fintech HLL2737334 400 Rs. 8,12,080/
Private Limited (Rs. 2030.20/
(Hindustan per unit) as on
Unilever Limited) 10.12.2019
2. Indusind Bank 00744481 175 Rs. 1,96,700/
(Rs. 1124/ per
unit) as on
06.03.2023
Total Rs. 10,08,780/
Therefore, the total value of the above mentioned securities held by deceased for which succession certificate has been applied for is Rs. 10,08,780/ (Rupees ten lakh eight thousand seven hundred eighty only) (Details of shares are given in the abovementioned table).
11. The aforesaid claim of the petitioner has gone unrebutted and none has appeared on behalf of the public to contest the claim of the petitioner. There is also no impediment under section 370 of the Act to grant succession certificate with respect to debts and securities as mentioned in the petition.
Succession Court Case No. 87/2019 Alaksha Sarna v. The State (NCT of Delhi) & Ors. Page 7/812. Conclusion: In view of the reasons spelled above, this court holds that petitioner is entitled to grant of succession certificate under section 373 of the Act in respect of aforementioned securities i.e. shares purchased by the deceased having Net Asset Value of Rs. 10,08,780/ (Rupees ten lakh eight thousand seven hundred eighty only) (details of the said shares are mentioned in para no. 10). Petitioner is also entitled to interest/dividend, if any, accrued thereupon.
13. Accordingly, succession certificate be issued to petitioner on filing of corresponding court fees in terms of Article 12 Schedule I of Court Fees Act, 1870 as applicable in Delhi and Indemnitycumsurety bond of the like amount, within 30 days from today. Petition is accordingly, disposed of.
Announced in the open court today i.e. 06.03.2023.
Paridhi Sharma ACJCCJARC/South West Dwarka Courts: New Delhi Succession Court Case No. 87/2019 Alaksha Sarna v. The State (NCT of Delhi) & Ors. Page 8/8