Delhi District Court
Sh. Ram Prakash Singh vs State on 30 August, 2019
IN THE COURT OF ACJ/CCJ/ARC (WEST)
TIS HAZARI COURTS, DELHI
PRESIDED BY SH. VISHAL PAHUJA
SC No. 33/19
Sh. Ram Prakash Singh
S/o Late Sh. Manohar Singh
R/o 161, Pocket-3, Paschim Puri
West Delhi - 110063 ...... Petitioner
Versus
1. State
Government of National Capital Territory of Delhi
Through its Chief Secretary
Delhi Secretariat, I. P. Estate, New Delhi-110001
2. Mrs. Sarabjeet Kaur
W/o Late Sh. Manohar Singh
R/o 161, Pocket-3, Paschim Puri
West Delhi - 110063 ...... Respondents
Date of Institution : 25.02.2019
Date of reserving Judgment : 30.08.2019
Date of decision : 30.08.2019
JUDGMENT
1. The present succession petition has been filed under Section 372 of Indian Succession Act, 1925 (hereinafter, referred to as 'the Act') by Sh. Ram Prakash Singh (hereinafter, referred to as 'the petitioner') Grand-son of Late Sh. Bhag Singh (hereinafter, referred to as 'the deceased') for grant of succession certificate in respect of debts and securities in the name of deceased.
2. The petition was instituted on 25.02.2019. Notice of the petition was issued to the general public by way of SC No. 33/19 Page No. 1 of 4 Ram Prakash Singh Vs. State & Ors.
publication which was served on 29.04.2019 through 'Veer Arjun'. None from the general public filed any objections.
3. Today, respondent no. 2 (daughter-in-law of the deceased) put her appearance in the court on 16.04.2019 and vide her statement she gave her no objection in favour of the petitioner in respect of debts and securities in the name of deceased.
4. Statement of Sh. Ajay Singhal, Single Window Operator, Punjab National Bank, Punjabi Bagh, 38 Central Market, West Punjabi Bagh-110062 was recorded today who stated that he was verbally authorized by AGM Sh. P. K. Gupta to appear in the court and make statement on behalf of Punjab National Bank, Punjabi Bagh, 38 Central Market, West Punjabi Bagh-110062. He further stated that he has brought the details in respect of saving bank account no. 1501000100099420 having amount of Rs.1,12,652/- as on 29.08.2019 which is in the name of Late Sh,. Bhag Singh as Ex. A (colly).
5. Statement of PW-1 Sh. Ram Prakash Singh / the petitioner was recorded today who stated that he is the grand- son of deceased Late Sh. Bhag Singh who expired on 03.02.2017. He further stated that his father Late Sh. Monohar Singh had already expired on 18.11.2004. Deceased Late Sh. Bhag Singh has left behind the petitioner as the only surviving Class-I legal heirs. There is no other Class-I legal heir except him. Deceased Late Sh. Bhag Singh had not executed any Will during his life time.
He also relied upon the documents :-
SC No. 33/19 Page No. 2 of 4Ram Prakash Singh Vs. State & Ors.
1. Ex. PW 1/A : Death certificate of his grand-father Late Sh. Bhag Singh.
2. Ex. PW 1/B : Death certificate of his father Late Sh. Manohar Singh.
3. Ex. PW 1/C (OSR) : Copy of his Aadhar card.
Petitioner closed his evidence today itself.
6. Final arguments were addressed today. I have heard the arguments and perused the material on record carefully today.
7. The Succession Certificate Under Section 372 of the Act is issued as law abhors escheat and vacuum. In Madhvi Amma Bhawani Amma & Ors. Vs. 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 time-barred, 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 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".SC No. 33/19 Page No. 3 of 4
Ram Prakash Singh Vs. State & Ors.
8. By way of the evidence led, the petitioner has proved his averments and documents relied upon. No impediment Under Section 370 of Act has come to light which restricts the grant of certificate to the petitioner. Respondent no. 2 (daughter-in-law of the deceased) has also given her no objection in respect to the grant of succession certificate to the petitioner. Thus, the petitioner is entitled to the debts and securities of the deceased, as per Ex. A (colly).
9. The Court accordingly directs that succession certificate be issued in the name of petitioner Sh. Ram Prakash Singh in respect of debts and securities of the deceased, as per Ex. A (colly).
10. Court fees and indemnity bond with one surety be filed by the petitioner within 15 days.
11. No further order is required to be passed. File be consigned to the Record Room. Digitally signed by VISHAL VISHAL PAHUJA PAHUJA Date:
2019.08.30 15:29:48 +0530 ANNOUNCED IN THE OPEN (VISHAL PAHUJA) COURT ON 30th Day of August, 2019 ACJ/CCJ/ARC (WEST)/DELHI This Judgment contains Four pages and each page has been signed by me. Digitally signed by VISHAL VISHAL PAHUJA PAHUJA Date:
2019.08.30 15:29:55 +0530 (VISHAL PAHUJA) ACJ/CCJ/ARC (WEST)/DELHI SC No. 33/19 Page No. 4 of 4 Ram Prakash Singh Vs. State & Ors.