Delhi District Court
Mala Gupta & Anr. vs . State Of Nct Of Delhi on 18 February, 2011
Mala Gupta & Anr. Vs. State of NCT of Delhi
1
IN THE COURT OF MS. REKHA:ACJCUMARC (SOUTH WEST)
DWARKA COURT : NEW DELHI
S.C.No. 60/10
1. Ms. Mala Gupta,
W/o Sh. Michael Albert Kean,
D/o late Sh. Dharmdendra Narain Gupta,
R/o 143, Azad Hind Apartments,
Plot No. 15, Sector9, Dwarka,
New Delhi75
2. Ms. Mita, w/o Sh. S. Ramesh,
D/o late Sh. Dharmender Narain Gupta
R/o B803, True Friends Apartments,
Plot No. 29, Sector6, Dwarka,
New Delhi75 ............... Petitioners
VERSUS
1. The State
(Govt. of NCT OF DELHI) .......... Respondent
Date of Institution : 17.09.2010
Date of Decision : 18.02.2011
Mala Gupta & Anr. Vs. State of NCT of Delhi
2
JUDGMENT :
1. Petition u/s 370 & 372 of Indian Succession Act for grant of Succession Certificate in respect of deposits and securities of late Shri Dharmender Narain Gupta.
2. Notice of the petition was duly given to the general public by way of publication in the newspaper 'Indian Express and affixed on the Notice Board of the Court.
3. Ms. Mala Gupta has examined herself as PW1 and testified that she has filed petition alongwith her sister Mita. She further testified that her father Dharmendra Narain Gupta expired on 05.07.2009 and his death certificate as EX.P2. She further testified that her mother expired on 29.01.2010 and her death certificate as P3. She further testified that her father died intestate without leaving any will and now she and her sister Mita Mala Gupta & Anr. Vs. State of NCT of Delhi 3 are only ClassI legal heir/survivor of the belongings of her deceased father and as such she and her sisterMitapetitioner no. 2 are entitled to receive the Succession Certificate in respect of deposits in a bank locker No. 71, State Bank of India, Pankha Road, Personal Banking Branch, Community Centre, Janak Puri, New Delhi and for various small savings as Senior Citizen Account, KVP and NSC in post office Ramesh Nagar as per the details mentioned in column no. 2 of the petition. She further testified that she is resident of Delhi and her voter Icard bears No. J0496898. She further testified that her statement is true and correct and requested that succession certificate may kindly be issued in her favour and in favour of her sister Mita petitioner no. 2 regarding the aforesaid amount and deposits in Bank Locker No. 71, SBI, Pankha Road, Personal Banking Branch, Community Centre, Janak Puri, New Delhi of her deceased father Dharmendra Narain Gupta mentioned in column no. 2 as per applicable rules and laws. In her additional statement, she further testified that she relied upon Mark1 to Mark33 respectively Mala Gupta & Anr. Vs. State of NCT of Delhi 4 for debts and securities mentioned in para no. 2 of her petition from Serial No. 1 to 33. She further testified that there is some jewellery articles are lying in Bank Locker No. 71, SBI, Pankha Road, Personal Banking Branch, Community Centre, Janak Puri, New Delhi.
4. Ms. Mita has examined herself as PW2 and testified that she has filed petition alongwith her sister Mala. She further testified that her father Dharmendra Narain Gupta expired on 05.07.2009 and his death certificate is EX.P2. She further testified that her mother expired on 29.01.2010 and her death certificate is P3. She further testified that her father died intestate without leaving any will and now she and her sister Mala Gupta are the only classI legal heir/survivor of her deceased fatherShri Dharmendra Narain Gupta as such she and her sister Mala Gupta are entitled to receive the Succession Certificate in respect of deposits in a bank locker No. 71, State Bank of India, Pankha Road, Personal Banking Branch, Community Centre, Janak Puri, New Delhi and for various Mala Gupta & Anr. Vs. State of NCT of Delhi 5 small savings as Senior Citizen Account, KVP and NSC in post office Ramesh Nagar as per the details mentioned in column no. 2 of the petition. She further testified that she is resident of Delhi and also her voter ICard bears No. JSJ1124197. She further testified that her statement is true and correct and requested that succession certificate may kindly be issued in her favour and in favour of her sister Mala Gupta petitioner no. 1 regarding the aforesaid amount and deposits in Bank Locker No. 71, SBI, Pankha Road, Personal Banking Branch, Community Centre, Janank Puri, New Delhi of her deceased father Dharmendra Narain Gupta mentioned in column no. 2 as per applicable rules and laws. In her additional statement, she further testified that she relied upon Mark1 to Mark 33 respectively for debts and securities mentioned in para no. 2 of her petition from Serial No. 1 to 33. She further testified that there is some jewellery articles are lying in Bank Locker NO. 71, SBI, Pankha Road, Personal Banking Branch, Community Centre, Janak Puri, New Delhi.
Mala Gupta & Anr. Vs. State of NCT of Delhi 6
5. I have heard the arguments and perused the entire relevant record. It is worthwhile to mention here that as per material available on record the petitioner No. 1 and 2 are classI legal heirs of deceased Dharmendra Narain Gupta so they have equal share in respect of debts and securities of deceased Dharmendra Narain Gupta. So far as prayer for granting succession certificate regarding debts and securities of NSC's and KVP's mentioned in column No. 2 of the petition are concerned, in given fact and circumstances of the case, there is no impediment in granting the same. So, I allow the same with direction that Succession Certificate in respect of debts and securities of NSC's and KVP's mentioned in column No. 2 of the petition be granted in favour of petitioners. So far as prayer for granting succession certificate in respect of jewellery articles are lying in Bank Locker No. 71, SBI, Pankha Road, Personal Banking Branch, Community Centre, Janak Puri, New Delhi is concerned, after perusing the meaning of securities it is found that it does not come within meaning of securities. So this prayer is declined. The Mala Gupta & Anr. Vs. State of NCT of Delhi 7 certificate in respect of debts and securities of NSC's and KVP's mentioned in column No. 2 of the petition be granted on furnishing requisite Court fee and Indemnity Bond with one surety within 15 days as per law. File be consigned to record room after due compliance.
Announced in the open (Rekha)
court on 18.02.2011 ACJcumARC (South West)
Dwarka Courts: New Delhi
Mala Gupta & Anr. Vs. State of NCT of Delhi
8
18.02.2011
Present : Ld. counsel for petitioner.
Vide my separate judgment announced in the open court, the present petition is disposed off.
File be consigned to record room after due compliance.
(Rekha) ACJcumARC Dwarka Courts New Delhi 18.02.2011 Mala Gupta & Anr. Vs. State of NCT of Delhi 9