Delhi District Court
J J Colony vs State (Govt. Of Nct Of Delhi on 13 March, 2012
IN THE COURT OF SH. PARVEEN SINGH, ADMINISTRATIVE CIVIL
JUDGE (NORTH WEST) ROHINI COURTS, DELHI
Petition No. : SCC 129/10.
Date of Institution : 25.10.2010.
Date of arguments : 13.03.2012.
Date of order : 13.03.2012.
In the matter of:
Sh. Rajeev Vaish
S/o Late Sh. Puram Chand Vaish
R/o C324, C Block, Wazirpur
J J Colony, Delhi. ....Petitioner
Versus
1. State (Govt. of NCT of Delhi.
2. Ms. Rachna Vaish
D/o Late Puran Chand.
3. Sh. Sandeep Vaish
S/o Late Puran Chand.
Both R/o C324, C Block
SCC No. 129/10. 1
Wazirpur, J J Colony, Delhi.
4. Ms. Renu Vaish
R/o C324, C Block
Wazirpur, J J Colony, Delhi.
Also at:
House No. 298/7, Old Govt. College
Back Side AnAm Cinema, Court Road
Amritsar143001. .....Respondents
J U D G M E N T:
Vide this judgment, I shall dispose off the petition filed on behalf of the petitioner Sh. Rajeev Vaish under section 372 of the Indian Succession Act, 1925 for obtaining succession certificate in respect of debts/ securities of Late Sh. Puran Chand Vaish and Smt. Usha.
The relevant facts for the disposal of the present petition are that Late Sh. Puran Chand Vaish, the father of the petitioner had expired on 19.06.2010. It is also stated that the mother of the petitioner, Smt. Usha had predeceased him on 03.05.1997. It is further stated that the deceased persons have left behind petitioner along with two daughters namely Ms. Rachna Vaish and Ms. Renu Vaish and one other son namely Sh. Sandeep Vaish as their legal SCC No. 129/10. 2 heirs. It is further alleged that there is no impediment in the grant of succession certificate in favour of the petitioner Sh. Rajeev Vaish being class I legal heir of the deceased.
2. General public had been served through publication in daily newspaper 'The Hindu' dated 22.01.2011 but none had appeared from general public to oppose or contest the present petition.
3. Petitioner had examined himself as PW1 deposing on the lines of facts as alleged in the petition and in support of his oral testimony relied upon documents i.e. death certificate of Sh. Puran Chand Vaish Ex. PW1/A, death certificate of Smt. Usha Ex. PW1/B, copies of share certificate/ bank passbooks Ex. PW1/C (colly) (OSR), copy of her election identity card Ex. PW1/D. Respondents have been examined wherein they have given their no objections with regard to the present petition in favour of the petitioner.
Petitioner had also examined witnesses from UCO Bank, Punjab National Bank, and Universal Cable Ltd & Birla Ericsson Optical Ltd. who deposed that the following amounts are lying in the name of the deceased persons:
a. Number of Shares of Birla Ericsson Optical Ltd. 300 Certificate bearing no. 0002843940 & 00018959. SCC No. 129/10. 3 b. No. of Shares of Universal Cables Ltd. Certificate 500 Bearing no. 27561418, 9931316 & 12837879.
c. Saving Bank Account No. 01200100025550 with Rs 71, 300.16 UCO Bank, Branch Parliament Street, Delhi.
d. Saving Bank Account no. 0153000100611985 Rs 1,46,509.31 with Punjab National Bank, Sansad Marg, Delhi. e. Amounts lying with Universal Cables Ltd.
Gratuity Rs 2,26,500/
Leave Rs 1,28,350/
Payment of 18 days for June 2010 Rs 14,685/
Provident Fund as on 01.10.2010 Rs 9,86,990/
Death Case benefit from LIC, Jabalpur
under EDLI Scheme 1976. Rs 62,000/
4. I have given my thoughtful consideration to the submissions and have perused the record carefully.
5. Considering the above stated facts, this Court is of the opinion that prima facie there is no impediment in grant of Succession Certificate in favour of petitioner Sh. Rajeev Vaish in respect of the above. Accordingly, Succession Certificate is ordered to be issued in favour of petitioner Sh. Rajeev Vaish in SCC No. 129/10. 4 respect of the above on furnishing of an Indemnity Bond of the same value with one surety of like amount within one month. The market value of shares as on the date of order shall be taken into consideration. File be consigned to Record Room.
Announced in the open court (PARVEEN SINGH) on 13.03.2012. ACJCUMARC (NORTHWEST) This judgment contains 5 pages ROHINI COURTS, DELHI & each page has been signed by me.
SCC No. 129/10. 5 SCC No. 129/10.
13.03.2012.
Present: Counsel for the petitioner.
Final arguments have been 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.
(PARVEEN SINGH) ACJcumARC (North West) Rohini Courts, Delhi/13.03.2012.
SCC No. 129/10. 6