Delhi District Court
Ashish Vasudev vs State And Ors on 22 July, 2025
IN THE COURT OF ADMINISTRATIVE CIVIL JUDGE-CUM-
ADDITIONAL RENT CONTROLLER, CENTRAL DISTRICT,
TIS HAZARI COURTS, DELHI
Presided Over By: Sh. Bharat Aggarwal
Petition No. : Succ. Court 135/2023
CNR No. : DLCT03-004864-2023
Ashish Vasudev Vs. The State (N.C.T. of Delhi) and Ors.
IN THE MATTER OF :-
Sh. Ashish Vasudev
s/o Late Sh. Surendra Nath Vasudev
222-224, Double Story,
New Rajinder Nagar, New Delhi-110060.
...PETITIONER
VERSUS
1. The State
(N.C.T Of Delhi)
2. Kfin Technologies Pvt. Ltd,
Unit: Escort Kuboto Limited
Selenium Tower B, Plot No. 31 & 32,
Gachibowli, Financial District,
Hyderabad-522232.
3. Link Intime Pvt. Ltd.
Unit: Schaeffler India Limited
B Tower, 102 B and 103,
Shangrila Complex, 1st Floor,
Opp. HDFC Bank, Near Radhakrishna
Char Rasta, Akota, Vadodara-390020
SC No. 135/23 Ashish Vasudev Vs. The State (Govt. of NCT Delhi) & Ors. Page No. 1 of 15
Gujarat.
4. TSR Consultants Pvt. Ltd.
Unit: SKF India Limited
C-101,247, Park, L.B.S Marg
Vikhroli (West), Mumbai-400083.
5. Kfin Technologies Pvt. Ltd,
Unit: Grasim Industries Limited
Selenium Tower B, Plot No. 31 & 32,
Gachibowli, Financial District,
Nanakramguda, Serlingapalli,
Hyderabad-522232.
6. C B Management Services (P) Limited,
Unit Of: GE T & D India Limited, P-22,
Bondel Road, Kolkata-700019.
7. C B Management Services (P) Limited
Unit Of: - Schneider Electric Infrastructure Limited,
P-22, Bondel Road, Kolkata-700019.
8. Standard Chartered Bank
10, Sansad Marg,
New Delhi-110001.
9. Mridula Bajaj
d/o Late Shri Surender Nath Vasudev and
Late Smt. Pushpa Vasudev
r/o Block A/53, Jal Vayu Vihar,
Sector-21, Noida, Gautam Budh Nagar,
U.P. 201301.
10. Anita Jatana
d/o Late Shri Surender Nath Vasudev and
Late Smt. Pushpa Vasudev
R/O C-8/8547, Vasunt Kunj,
South West Delhi-110070.
SC No. 135/23 Ashish Vasudev Vs. The State (Govt. of NCT Delhi) & Ors. Page No. 2 of 15
11. Anjula Sahani
d/o Late Shri Surender Nath Vasudev and
Late Smt. Pushpa Vasudev
r/o 288 Ward No. 21, Dhangu Road Back
Side Pushpa Cinema, Pathonkot,
Punjab-145001.
...RESPONDENTS
Date of institution : 31.08.2023
Date of judgment : 22.07.2025
JUDGMENT
1. The present succession petition has been filed by the petitioner under Section 372 of Indian Succession Act, 1925 (hereinafter referred to as the 'Act') in respect of debts and securities of the deceased Late Sh. Surendra Nath Vasudev s/o Late Sh. Fateh Chand (hereinafter referred as 'the deceased') who is stated to be the father of petitioner and respondents no.9 to 11.
2. It is averred in the petition that the deceased died intestate on 07.09.2015 at Delhi. It is further stated that the deceased was an ordinary resident of r/o 224, Double Story, New Rajinder Nagar, Delhi, which falls within the jurisdiction of this Court. It is further stated that the deceased is survived by four legal heirs i.e. petitioner, being his son and respondents no.9 to 11, being his daughters.
SC No. 135/23 Ashish Vasudev Vs. The State (Govt. of NCT Delhi) & Ors. Page No. 3 of 15
3. It is averred that the deceased has left behind certain debts and securities as mentioned in the present petition. In the petition, petitioner has prayed for grant of succession certificate in respect of debts and securities lying in the name of the deceased as the deceased is stated to have died intestate.
4. State has been impleaded as respondent no.1 in the present petition.
5. After filing of this petition, notice was given to the general public by way of publication in the newspaper "The Statesman" dated 17.04.2024 but none appeared from general public to oppose or contest the present petition.
6. During summary enquiry, seven witnesses were examined.
7. Petitioner took the witness stand as PW-1. PW-1 deposed that the deceased Sh. Surendra Nath Vasudev was his father, who expired intestate on 07.09.2015 at Delhi and he relied upon his death certificate as Mark-A. PW-1 also deposed that wife of the deceased namely Smt. Pushpa Vasudev expired subsequently on 28.05.2020 at Delhi and he relied upon her death certificate as Mark-B. PW-1 further deposed that Smt. Pushpa Vasudev neither remarried nor adopted any child after the death of the deceased.
SC No. 135/23 Ashish Vasudev Vs. The State (Govt. of NCT Delhi) & Ors. Page No. 4 of 15 PW-1 also deposed that mother of the deceased Smt. Gorjan Vasudev predeceased the deceased around the year 1942. PW-1 further deposed that besides him, the deceased has left behind three daughters namely Smt. Mridula Bajaj, Smt. Anita Jatana and Smt. Anjula Sahni, who are respondents no. 9 to 11 in the present petition respectively. PW-1 also deposed that his deceased mother Smt. Pushpa Vasudev executed a Will during her life time and he relied upon the same as Mark-C, however PW-1 did not take any steps to prove the same. PW-1 deposed that the deceased has left behind debts and securities as mentioned in para 6 of the petition.
PW-1 further relied upon the letter issued by TSR Consultants with regard to 220 shares of SKF India Limited as Ex. PW-1/1; letter issued by Grasim Industries Limited furnishing the details of 1055 shares as Mark-D; letter issued by GE T&D India Limited furnishing details of 2400 shares as Mark-E; and the copy of share certificate of 2400 shares of Schneider Electric Infrastructure Limited as Mark-F. PW-1 further relied upon the valuation of aforesaid shares as Ex.PW-1/3, as per which the total tentative market value of the shares of the deceased is Rs.1,57,01,760/-. PW-1 further deposed that the deceased was residing within the territorial jurisdiction of this court and there is no impediment for grant of Succession Certificate in his favour.
8. RW-1 Mr. Priya Darshan, Client Co-coordinator, Link Intime, Janakpuri, New Dehli, brought the certified record of 2625 shares of M/s. Schaeffler India Ltd. under folio no. 00001129 lying SC No. 135/23 Ashish Vasudev Vs. The State (Govt. of NCT Delhi) & Ors. Page No. 5 of 15 in the name of the deceased as Ex.RW-1/2. As per the same, the total tentative market value of the said 2625 shares is Rs. 75,13,931/- as on 20.03.2024.
9. RW-2 Mr. Pushpak Jain, Ld. Counsel for respondent no.2, Kfin Technologies Ltd., brought the certified record of 430 shares of Escorts Kubota Ltd. under folio no. ESC0005325 lying in the name of the deceased as Ex.RW-2/1. As per the same, the total tentative market value of said 430 shares is Rs.11,61,602/- as on 19.03.2024.
10. Respondent no. 9 to 11 / daughters of the deceased were examined and discharged as RW-3 to RW-5 respectively. They deposed that they have no objection for grant of succession certificate in favour of the petitioner qua their shares in the debts and securities of the deceased.
11. RW-6 Mr. Koushik Goswami, Manager, Standard Chartered Bank, ITO, Express Building, New Delhi-110002 brought on record the certified statement of one joint savings bank account bearing no. 52510086663 lying in the name of the deceased and his wife Smt. Pushpa Vasudev as Ex.RW-6/3. As per the same, the balance amount in the said bank account is Rs.2,65,028.32/- as on 13.05.2025.
SC No. 135/23 Ashish Vasudev Vs. The State (Govt. of NCT Delhi) & Ors. Page No. 6 of 15
12. The Court has heard submissions advanced on behalf of the parties and has perused the record.
13. Before proceeding further, the law pertaining to grant of succession certificate may be discussed for better understanding of the concept. It is trite that merely by grant of succession certificate, the holder does not become the owner of the estate of the deceased. In this regard, the observations of the Hon'ble Supreme Court in C.K. Prahalada and Ors. Vs. State of Karnataka and Ors. [MANU/SC/7618/2008, (2008) 15 SCC 577] are relevant to be noted, which are as follows:
"A succession certificate is granted for a limited purpose. A Court granting a succession certificate does not decide the question of title. A nominee or holder of succession certificate has a duty to hand over the property to the person who has a legal title thereto. By obtaining a succession certificate alone, a person does not become the owner of the property."
14. It is also well settled that the holder of the certificate has a bounden duty to release the debt and securities of the deceased to the rightful claimant under the applicable law. Certain observations of the Hon'ble Delhi High Court in Atul Maithel vs. State Bank of India and Ors. [MANU/DE/3548/2017] are set out below:-
"14. As far as the only other contention is concerned, the Court granting the Succession SC No. 135/23 Ashish Vasudev Vs. The State (Govt. of NCT Delhi) & Ors. Page No. 7 of 15 Certificate only issues the certificate to declare to the public at large, of the grantee thereof being entitled, under orders of the Court, to collect the debts and securities of the deceased and to give due discharge therefor. However, if any person holding such debts and securities refuses to return the same to the grantee or disputes debts and securities, the grantee will have to initiate appropriate proceedings for recovery thereof and the proceedings for grant of Succession Certificate are by no stretch of imagination, proceedings for recovery or for mandatory injunction.
15. Furthermore, the order granting issuance of the succession certificate does not become executable as decree of the court. It only allows the grantee to receive the debts thereby discharging the debtor of the deceased relieving him from the multiple claims made for such a debt. The Hon'ble High Court of Delhi in this regard has further held in Sushila Devi Vs. State and Ors. [MANU/DE/3075/2017] that no execution proceedings lie against the debtor of the order passed under such proceedings and holder has to establish his claim independently in a civil suit. The findings of the court were as follows:-
"6. The counsel for the petitioner appears to be under a misconception of law that an order of issuance of Succession Certificate or a Succession Certificate is executable decree against the persons holding the debts and securities of the deceased.
7. A Succession Certificate only entitles the grantee thereof to claim and receive the debts and securities of the deceased, giving a full discharge SC No. 135/23 Ashish Vasudev Vs. The State (Govt. of NCT Delhi) & Ors. Page No. 8 of 15 to the persons who may be holding the said debts and securities, so as to relieve them from claim by multiple persons claiming to be the heirs of the deceased. Before granting such Succession Certificate, in a proceeding for grant of Succession Certificate which in any case is summary in nature, the persons holding debts and securities are not required to be impleaded and a perusal of the order dated 14th November, 2014 ordering issuance of Succession Certificate in favour of the petitioner also does not show Axis Bank, Khan Market, New Delhi and New India Insurance Co. Ltd. claimed to be holding the said debts and securities of the deceased to be parties thereto. Merely because an applicant for Succession Certificate has averred in the petition that the debts and securities mentioned in the application are due to the deceased, is no proof of the said debts and securities being due to the deceased and a proceeding for grant of Succession Certificate is not meant for adjudication of the said issues. If the persons who are claimed to be holding the debts and securities of the deceased dispute the claim, the entitlement in law of the grantee of the Succession Certificate is only to make a legal claim against them and not to execute the Succession Certificate or an order granting Succession Certificate.
9. I find the Supreme Court in Banarsi Dass Vs. Teeku Dutta MANU/SC/0333/2005 : (2005) 4 SCC 449 to have held (i) that the main object of a Succession Certificate is to facilitate collection of debts on succession and afford protection to parties paying debts to representatives of the deceased person; (ii) all that the Succession Certificate purports to do is to facilitate the collection of debts, to regulate the administration of succession and to protect persons who deal with SC No. 135/23 Ashish Vasudev Vs. The State (Govt. of NCT Delhi) & Ors. Page No. 9 of 15 the alleged representatives of the deceased persons; (iii) such a Certificate does not give any general power of administration on the estate of the deceased; (iv) the grant of a certificate does not establish title of the grantee as the heir of the deceased; (v) a Succession Certificate is intended to protect the debtors, which means that where a debtor of a deceased person either voluntarily pays his debt to a person holding a certificate or is compelled by a decree of the Court to pay it to the person, he is lawfully discharged; and, (vi) the grant of a certificate does not establish a title of the grantee as the heir of the deceased, but only furnishes him with authority to collect his debts and allows the debtors to make payments to him without incurring any risk."
16. In the case of Madhvi Amma Bhawani Amma and others Vs. Kunjikutty Pillai Meenakshi Pillai and others. [AIR 2000 Supreme Court 2301=2000 AIR SCW 2432] 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 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 SC No. 135/23 Ashish Vasudev Vs. The State (Govt. of NCT Delhi) & Ors. Page No. 10 of 15 debtors by appointing a representative of the deceased and authorising him to give a valid discharge for the debts. The grant of a certificate to a person does not give him an absolute right to the debts nor does it bar a regular suit for adjustment of the claims of the heir inter se".
17. Thus, to sum up, it can be inferred that the succession certificate ensures that process of release of debt of the deceased is streamlined and the debtor is provided security against numerous claims. The aim of such certificate is that it acts as conclusive proof for discharge of money against the debtor. The court granting the certificate is not required to determine the question of title and the Court by its order granting the certificate merely authorises one to collect the debts or securities of the deceased who then acts as a trustee to distribute the amount to the legal heirs of the deceased. Even though the proceedings for issuance of succession certificate are summary in nature yet, in terms of Rule 3(d) of Part B- Chapter 6- Volume II of the Delhi High Court Rules, the court can take sufficient evidence to enable it to form an opinion as to who is best entitled to the certificate in respect of the estate of the deceased.
18. Facts of the case shall be analyzed through the prism of legal position enunciated above.
19. From the uncontroverted testimony of PW-1, it stands established that the deceased died intestate on 07.09.2015 at Delhi. Section 8 of the Hindu Succession Act, 1956 inter-alia provides that SC No. 135/23 Ashish Vasudev Vs. The State (Govt. of NCT Delhi) & Ors. Page No. 11 of 15 when a hindu male dies intestate, his property shall first devolve upon the Class-I legal heirs specified in the Schedule of the Act. PW-1/son of the deceased specifically deposed that besides him, deceased has left behind three daughters i.e. respondents no.9 to 11. PW-1 also deposed that mother of the deceased predeceased the deceased around the year 1942 and wife of the petitioner expired subsequently on 28.05.2020 and there is no reason to disbelieve the same as the said fact has remained uncontroverted throughout the proceedings and is also supported by death certificate of wife of the deceased Mark-B. Accordingly, upon the death of the deceased, his property devolved upon his wife Smt. Pushpa Vasudev, his son (petitioner) and his three daughters (respondents no. 9 to 11), equally and simultaneously.
20. Even though petitioner has placed on record the Will of wife of the deceased as Mark-C, yet the same has not been proved as per law. Accordingly, upon the death of wife of the deceased namely Smt. Pushpa Vasudev on 13.05.2021, her property notionally devolved upon the petitioner and respondents no.9 to 11, being her children in terms of Section 15 (1) (a) of Hindu Succession Act, 1956. However, respondents no.9 to 11 have given their no objection for grant of succession certificate in favour of the petitioner qua their shares in the debts and securities of the deceased. Accordingly, petitioner shall be entitled to issuance of succession certificate qua the debts and securities of the deceased. As per the death certificate of the deceased, he used to reside at 224, Double Story, New SC No. 135/23 Ashish Vasudev Vs. The State (Govt. of NCT Delhi) & Ors. Page No. 12 of 15 Rajinder Nagar, Delhi, which falls within the territorial jurisdiction of this Court.
21. Succession certificate is sought qua following debts and securities of the deceased :-
(i) 2625 shares of M/s. Schaeffler India Ltd. under folio no.
00001129 having total tentative market value of Rs. 75,13,931/- as on 20.03.2024.
(ii) 430 shares of Escorts Kubota Ltd. under folio no. ESC0005325 having total tentative market value of Rs.11,61,602/- as on 19.03.2024.
(iii) One joint savings bank account bearing no. 52510086663 maintained with Standard Chartered Bank, ITO, Express Building, New Delhi-110002 having balance amount of Rs.2,65,028.32/- as on 13.05.2025.
(iv) 220 shares of SKF India Ltd. vide certificate no. 10352 having total tentative market value of Rs.11,55,220/- as on 19.12.2023.
(v) 1055 shares of Grasim Industries Ltd. under folio no. 699344, 009626 & GRA0334508 having total tentative market value of Rs.22,40,820/- as on 19.12.2023.
SC No. 135/23 Ashish Vasudev Vs. The State (Govt. of NCT Delhi) & Ors. Page No. 13 of 15
(vi) 2400 shares of Schneider Electric Infrastructure Ltd. under certificate no. 2878 having total tentative market value of Rs.10,03,200/- as on 19.12.2023.
(vii) 2400 shares of GE T&D India Ltd. under folio no. 02210127 having total tentative market value of Rs.11,13,360/- as on 19.12.2023.
Total value of securities held by deceased turns out to be Rs.1,44,53,161.30/-.
22. In view of the evidence adduced on record which has remained unrebutted and uncontroverted, the Court is of the considered opinion that there is prima-facie no impediment for grant of Succession Certificate in favour of petitioner qua the debts and securities of the deceased in terms of Ex.PW-1/3, Ex.RW-1/2, Ex.RW-2/1 and Ex.RW-6/3 having total amount of Rs.1,44,53,161.30/-. Succession Certificate is granted accordingly in favour of petitioner. Succession certificate be drawn on deposit of requisite court fees of Rs.3,61,329.03/- (Rounded off to Rs.3,61,329/-) by the petitioner in terms of Article 12 of Schedule I of Court Fees Act, 1870, as applicable in Delhi and on furnishing an Indemnity Bond and Surety Bond with one surety within 30 days from today.
SC No. 135/23 Ashish Vasudev Vs. The State (Govt. of NCT Delhi) & Ors. Page No. 14 of 15 Petition is accordingly disposed off.
File be consigned to record room after due compliance.
ANNOUNCED IN OPEN COURT (Bharat Aggarwal)
Today i.e. 22.07.2025 ACJ-cum-ARC (Central)
Tis Hazari Courts/Delhi
Present judgment consists of 15 pages and each page bears my initials.
(Bharat Aggarwal) ACJ-cum-ARC (Central) Tis Hazari Courts/Delhi 22.07.2025 SC No. 135/23 Ashish Vasudev Vs. The State (Govt. of NCT Delhi) & Ors. Page No. 15 of 15