Delhi District Court
Arun Kumar vs State on 6 May, 2025
IN THE COURT OF ADMINISTRATIVE CIVIL JUDGE-CUM-
CCJ-CUM-ADDITIONAL RENT CONTROLLER, WEST, TIS
HAZARI COURTS, DELHI
Presided over by- Sh. Dev Chaudhary, DJS
Succ. Court -: 51/2024
Unique Case ID -: DLWT030007512024
Section(s) -: 372 of the Indian
Succession Act, 1925
In the matter of -
SH. ARUN KUMAR
S/o- Late Sh. Hori Lal
R/o- WZ-62, Ram Nagar,
Tilak Nagar, New Delhi-110018
......... Petitioner
VS.
1. THE STATE (GOVT. OF NCT DELHI)
Through SDM, Patel Nagar, Plot No. 3, 2nd Floor,
Shivaji Place, Near West Gate Mall, Raja Garden,
Delhi-110027
2. SMT. HEM LATA
D/o- Late Sh. Hori Lal
R/o- WZ-62, Ram Nagar,
Tilak Nagar, New Delhi-110018
3. SH. TARUN KUMAR
S/o- Late Sh. Hori Lal
R/o- WZ-62, Ram Nagar,
Tilak Nagar, New Delhi-110018
........ Respondents
1. Name of Petitioner : Arun Kumar
2. Name of Deceased : Late Sh. Pramod Kumar
3. Date of Institution : 27.03.2024
4. Date of Reserving Order : 06.05.2025
5. Date of Decision : 06.05.2025
6. Decision : Allowed Succ. Court 51/2024 Arun Kumar Vs. State Page No.1 of 7 Digitally signed by DEV DEV CHAUDHARY CHAUDHARY Date:
2025.05.06 13:24:30 +0530 Argued by -: Sh. Gaurav Gupta, Ld. Counsel for the petitioner.
JUDGMENT-
1. The present petition has been filed under Section 372 of the Indian Succession Act, 1925 (hereinafter, "the Act") by Sh. Arun Kumar (hereinafter, "petitioner") for grant of succession certificate in his favour in respect of debts and securities left by the deceased Late Sh. Pramod Kumar, who was his brother.
2. Pursuant to filing of the petition, notice of the petition was given to all persons interested in the estate of the deceased, including the general public by way of publication in the newspaper 'Veer Arjun' dated 06.04.2024, inviting objections to the grant of succession certificate to the petitioners. However, no one appeared from general public to oppose or contest the petition.
3. The following oral and documentary evidence has been led in this case -
ORAL EVIDENCE Uttam Singh Negi (Piramal PW-2 :
Enterprises) PW-1 : Arun Kumar (petitioner) DOCUMENTARY EVIDENCE Ex.PW2/1 : Authority letter of PW-2 Share report of Piramal Ex.PW2/2 :
Enterprises Ex.PW1/A : Evidence affidavit of PW1 Death certificate of deceased Sh.
Ex.PW1/1 :
Pramod Kumar
Death certificate of late Sh. Ram Ex.PW1/2 :
Raghubir
Succ. Court 51/2024 Arun Kumar Vs. State Page No.2 of 7 Digitally
signed by
DEV
DEV CHAUDHARY
CHAUDHARY Date:
2025.05.06
13:24:50
+0530
Ex.PW1/3 : Surviving member certificate
Ex. PW1/4 Share certificate no. 5355707 of :
(OSR) Hindustan Unilever Ltd.
Death certificate of late Smt.
Ex. PW1/5 :
Sushila Devi
Death certificate of late Sh. Hori Ex. PW1/6 :
Lal Counter foil for 415 shares of Ex. PW1/7 : Piramal Enterprises Ltd. for the (Colly) dividend Ex. PW1/8 Share certificate no. 5888 of :
(OSR) Piramal Life Sciences Ltd.
Ex. PW1/9 : Amended Schedule I
ExPW1/10 : Aadhar card of petitioner
Ex.PW1/11
: Value of share.
(Colly)
Publication in newspaper Veer
Ex. PW1/12 :
Arjun on 06.04.2024.
4. PW2 Sh. Uttam Singh Negi, Senior Legal Manager, Piramal Enterprises Ltd. Office at Unit No. 1 & 9, Ground floor, GD-
ITL, North Ex. Tower, Plot No. A-9, Netaji Subash Place, New Delhi-110034 produced on record the details in respect of shares in Folio No. H0120426 lying jointly in the name of Late Sh. Hori Lal and deceased Pramod Kumar having 415 shares bearing certificate nos. 9772 and 34042, distinctive nos. 21150631-21151005 and 190018048-190018087 with opening value as on 28.03.2025 as Rs. 4,14,775.75/- approx.
5. PW1 Arun Kumar is the petitioner, who deposed that he is the brother of the deceased late Sh. Pramod Kumar, who expired on 12.09.2023. He deposed that the deceased has left behind himself and the respondent nos. 2 and 3 as the sole surviving Class II legal heirs. He deposed that there is no other Class I legal heir of the deceased. He DEV CHAUDHARY Succ. Court 51/2024 Arun Kumar Vs. State Page No.3 of 7 Digitally signed by DEV CHAUDHARY Date: 2025.05.06 13:25:04 +0530 further stated that the deceased had not executed any Will during his lifetime.
6. The record reflects that the no-objection certificate of the respondent no. 2 and 3 is on record. The said respondents appeared today and stated that they have no objection, in case the succession certificate is granted to the petitioner.
7. I have heard the arguments of the learned counsel for the petitioner and have given my thorough consideration to the material on record. The valuation report of the shares, prepared by a CA, has been filed by the learned counsel. The valuation of the shares as on the date of petition is mentioned in the report of the CA. Learned counsel has further apprised that the company i.e. Piramal Life Sciences Ltd. is not a listed company.
8. Part X of the Indian Succession Act, 1925 deals with the issuance of succession certificates. On bare perusal of the provisions of Part X of the Act, the following conditions are required to be satisfied before a succession certificate can be issued -
A. The certificate can only be issued qua debt or securities, and debts due to the deceased creditor or in respect of portions thereof, and not where the right is required to be established by letters of administration or probate, B. The certificate can be granted by a Court within whose jurisdiction the deceased ordinarily resided at the time of his/her death or if he/she had no fixed place of residence, within whose jurisdiction any part of the property of the deceased may be found, Digitally signed by DEV CHAUDHARY Succ. Court 51/2024 Arun Kumar Vs. State Page No.4 of 7 DEV CHAUDHARY Date:
2025.05.06 13:25:34 +0530 C. The application for grant of certificate has been filed in accordance with Section 372 of the Act, and notice of the application is to be given in terms of Section 373 of the Act, D. The grantee of the certificate furnishes bond with surety or sureties, if directed by the Court, in terms of Section 375 of the Act, and also furnishes Court fee as per Section 379 of the Act.
In case the above-mentioned conditions are fulfilled, a succession certificate can be issued by the Court, which shall have effect throughout India, as per Section 380 of the Act. It has been held by the Hon'ble Supreme Court in Madhvi Amma Bhawani vs. Kunjikutty Pillai Meenakshi Pillai AIR 2000 SC 2301 that grant of certificate is only a determination of prima facie title and in such cases, the Court is to not determine finally as to who has the best right to estate. Only a summary enquiry into the right to the certificate is contemplated by the Act. It is in this light that the present petition is to be decided.
9. Considering the facts and circumstances of the case, the evidence and other material on record, and the arguments addressed, it is clear that the petitioner/Sh. Arun Kumar is the brother of the deceased Late Sh. Pramod Kumar, who expired on 12.09.2023. At the time of death of the deceased, the place of residence of the deceased was WZ-62, Ram Nagar, Tilak Nagar, New Delhi, i.e. within jurisdiction of this Court. As per the record, both the parents of the deceased have expired, and their death certificates have been tendered into evidence. The deceased was unmarried, as per the petition. The respondent nos. 2 to 3 are the sister and other brother of the deceased, Digitally Succ. Court 51/2024 Arun Kumar Vs. State Page No.5 of 7 signed by DEV DEV CHAUDHARY CHAUDHARY Date:
2025.05.06 13:25:45 +0530 and their no-objection certificates are on record. No objections have been received by any other person, and public at large. Issuance of certificate is sought only qua debt and securities, the details of which have been tendered into evidence and there is no bar under Section 370 of Indian Succession Act, 1925 for the grant of succession certificate in favour of the petitioner Sh. Arun Kumar
10. Accordingly, in view of the above, the succession certificate in respect of the following debts and securities of the deceased late Sh. Pramod Kumar is granted in favour of petitioner/Sh. Arun Kumar in terms of Section 372 of Indian Succession Act, 1925 - Sr. Details of account Amount (In Rs.) No.
1. 415 shares of Piramal Enterprises Ltd. 3,50,517.30/- bearing certificate nos. 9772 and 34042, (as per CA certificate distinctive nos. 21150631-21151005 and and as on 27.03.2024) 190018048-190018087 in Folio No. H0120426 lying jointly in the name of Late Sh. Hori Lal and Late Sh. Pramod Kumar
2. 4288 shares of Hindustan Lever Limited in 95,91,184.00/- Folio No. 2763676, transfer no. 0013019 (as per CA certificate dated 11.12.2001 annexed with certificate no. and as on 27.03.2024) 5355707 in Folio No. 833692 in the joint name of Hori Lal, Susheela Devi and deceased Pramod Kumar having distinctive nos. 32923467-32927754
3. 41 shares of Piramal Life Sciences Ltd. in the 410/- joint name of Hori Lal and deceased Sh. (Share value) Pramod Kumar in Folio No. H-99, Certificate No. 5088, and Distinctive No. 4659074- 4659114
11. The issuance of the succession certificate is subject to the payment of Court fees as per Article 12 of Schedule I of the Court Fees Act, along with the furnishing of an indemnity bond with one surety, by the parties, proportionate to their shares.
Digitally Succ. Court 51/2024 Arun Kumar Vs. State Page No.6 of 7 DEV signed by DEV CHAUDHARY CHAUDHARY Date:
2025.05.06 13:25:54 +0530
12. The succession certificate shall be considered only as an entitlement of the petitioner to receive the shares (with interest / dividend, as applicable and also the right to negotiate/transfer the said securities as per law) due towards the deceased as referred above. The concerned official shall be competent to seek compliance of formalities, if any, to be fulfilled for the said purpose.
13. The present petition is disposed of accordingly. On compliance of the above-mentioned terms and conditions, Succession Certificate be issued in terms of this judgment, and file be consigned to record room after necessary compliance.
Digitally signed by DEV DEV CHAUDHARY
CHAUDHARY Date:
2025.05.06
13:26:08 +0530
Announced in Open (DEV CHAUDHARY)
Court.
ACJ/CCJ/ARC(WEST)
This judgment TIS HAZARI COURTS
contains 7 signed DELHI/ 06.05.2025
pages.
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