Delhi District Court
Smt. Suman Lata vs The State (Govt. Of Nct Of Delhi) on 1 September, 2015
IN THE COURT OF SH. GAGANDEEP SINGH, ADMINISTRATIVE
CIVIL JUDGECUMARC (NORTH WEST) ROHINI COURTS, DELHI
Petition No. : SCC 20/15
Date of Institution : 11.03.2015
Date of arguments : 01.09.2015
Date of order : 01.09.2015
In the matter of:
Smt. Suman Lata
W/o. Late Sh. Rakesh
R/o. 236, Hans Puri Road,
Rampura, Delhi110 035.
....Petitioner
Versus
1. The State (Govt. of NCT of Delhi)
2. Sh. Ashish Bassatta
3. Sh. Bharat Bassatta
Sons of Late Sh. Rakesh
Both R/o. 236, Hansa Puri Road,
Rampura, Delhi110 035.
....Respondents
J U D G M E N T:
1. Vide this judgment, I shall dispose off the petition filed under section 372 of the Indian Succession Act, 1925 for obtaining succession certificate in respect of debts/securities etc of Late Sh. Rakesh S/o. Sh. Ami Chand (deceased). SCC No. 20/15 Suman Lata vs. State & Ors. 1
2. The relevant facts for the disposal of the present petition are that husband of the petitioner expired on 12.02.2002. He was ordinarily residing at 234, Rampura, Delhi110 083. It is stated that the deceased had left behind the petitioner/wife and respondent no. 2 and 3/sons as his legal heirs.
The present petition has been filed for the grant of succession certificate in respect of following debts and securities lying in the name of the deceased.
S.No Company Name Distinctive Numbers No. of Shares 1 Bank of Baroda 0203924601 to 0203924700 100 It is further pleaded that deceased had not executed any will and thus there is no impediment in grant of succession certificate in favour of the petitioner in respect of above said account.
3. General public was served through publication in daily newspaper 'Veer Arjun' dated 20.05.2015 but none appeared from general public to oppose or contest the present petition.
4. In support of her petition, petitioner examined RW1/Sh. Ashish Bassatta & RW2/Sh. Bharat Bassatta who deposed that they have no objection if succession certificate is granted in favour of the petitioner. They proved the copy of their no objection is Ex.RW1/A and Ex.RW2/A. They also filed copy of their SCC No. 20/15 Suman Lata vs. State & Ors. 2 election identity cards as Ex. RW1/1 and Ex. RW2/1.
Thereafter, petitioner examined herself as PW1 and tendered her evidence by way of affidavit Ex. PW1/A. She also relied upon documents i.e. death certificate of deceased as Ex. PW1/1 and copy of share certificate as Ex. PW1/2.
5. Heard.
6. Considering the above stated facts, this Court is of the opinion that there is no impediment in grant of Succession Certificate in favour of petitioner being the legal heir in respect of following debts and securities lying in the name of the deceased Late Sh. Rakesh.
S. Company Name Distinctive Numbers No. of Market
No Shares Value
1 Bank of Baroda 0203924601 to 0203924700 100 Rs. 1,09,125/
7. Accordingly, Succession Certificate is ordered to be issued in favour of the petitioner on furnishing of an Indemnity Bond of the same value with one surety of like amount within one month from today. Petitioner to file court fees for issuance of succession certificate on the basis of value of shares.
File be consigned to Record Room.
Announced in the open court (Gagandeep Singh)
on 01.09.2015 ACJCUMARC NORTHWEST
ROHINI COURTS, DELHI
This judgment contains three pages & each page has been signed by me. SCC No. 20/15 Suman Lata vs. State & Ors. 3 Suit No. 20/15 Suman Lata vs. State & Ors.
01.09.2015 Present: Ld. counsel for petitioner Final arguments heard.
Vide separate judgment of even date, petition filed u/s 372 of the Indian Succession Act, 1925 on behalf of the petitioner is allowed and disposed off.
File be consigned to Record Room.
(GAGANDEEP SINGH) ACJcumARC (North West) Rohini Courts, Delhi/01.09.2015 SCC No. 20/15 Suman Lata vs. State & Ors. 4