Delhi District Court
Sh. Rakesh Kumar vs Smt. Sheela on 17 September, 2008
:1:
IN THE COURT OF SH. DIG VINAY SINGH
ADMINISTRATIVE CIVIL JUDGE : DELHI
Petition no. : 459/2007
Date of institution : 9/7/2007
Date of reservation of order : 17/9/2008
Date of announcement of order : 17/9/2008
In re :-
1. Sh. Rakesh Kumar
S/o Late Sh. Bhagwat Prasad,
R/o 4/2383/1, Street No. 8,
Bihari Colony, Delhi-110032.
2. Sh. Vinod Kumar
S/o Late Sh. Bhagwat Prasad
R/o 4/2383/1, Street No. 8,
Bihari Colony, Delhi-110032.
.... Petitioners
Versus
1. Smt. Sheela
W/o Late Sh. Ram Phool Singh
D/o Late Sh. Bhagwat Prasad
R/o H. No. 151, Asha Pushap Vihar,
Sector-14, Kaushambhi, Ghaziabad, U. P.
2. Smt. Seema
D/o Late Sh. Bhagwat Prasad
W/o Sh. Devender Pratap Singh
R/o 160, Champa Bhawan-II,
Judg. P.no.459/2007 titled as Rakesh Kumar Vs. State / total pages (3) / R
:2:
Shanti Niketan Colony, Bulandshehar, U.P.
3. Smt. Nirmla
D/o Late Sh. Bhagwat Prasad
W/o Sh. Rajesh Kumar Thapar,
R/o H.No. 152, Asha Pushap Vihar,
Sector-14, Kaushambhi, Ghaziabad, U. P.
4. Smt.Rajni
D/o Late Sh. Bhagwat Prasad
W/o Sh. Santosh Kumar
R/o H. No. 32-A/530, Lashkar Pur Road,
Kamla Nagar, Agra, U.P.
... Respondents
J U D G M E N T:
The facts of the case in nutshell are that petitioners Sh. Rakesh Kumar and Sh. Vinod Kumar have filed the present petition U/s 372 of Indian Succession Act for grant of Succession Certificate in respect of the debt & securities of deceased Sh. Bhagwat Prasad.
2. After presentation of the petition, notice of the same was duly given to the general public by way of publication in newspaper "Pioneer", dated 24.3.2008, but none has appeared from the general public to file any objections.
3. Thereafter, petitioner Rakesh Kumar gave his statement that deceased Sh. Bhagwat Prasad was his father who expired on 25.12.2005 at Delhi and his death certificate is Ex.PW1/6. The mother of the deceased had predeceased him. The wife of the deceased had also expired and her death certificate is Judg. P.no.459/2007 titled as Rakesh Kumar Vs. State / total pages (3) / R :3: Ex.PW1/7. He further stated that deceased has left behind besides him, one son who is petitioner no.2 in this petition and four daughters who are LR/Respondents no. 1 to 4. LR1 Sheela, LR2 Seema, LR3 Nirmala and LR4 Rajni have filed their No Objections Ex.PW1/1 to Ex.PW1/4 in the shape of affidavit duly attested by the Oath Commissioner for grant of the Succession Certificate in favour of both the petitioners. He further deposed that deceased made no WILL during his lifetime. He further deposed that deceased was working as a Sub-Registrar at Tehsil Kasganj Distt. Etah (UP). He has left behind service benefits with the said department and a reply has been filed by the said department furnishing the outstanding dues of the deceased, the same is Ex.PW1/5. He further stated that deceased was ordinarily a resident of Delhi.
4. Therefore, in view of the above, I am of the considered opinion that there is no impediment for grant of Succession Certificate in favour of both the petitioners Sh. Rakesh Kumar and Sh. Vinod Kumar in respect of the debt & securities of deceased Sh. Bhagwat Prasad. I accordingly direct that Succession Certificate be issued in favour of both the petitioners Sh. Rakesh Kumar and Sh. Vinod Kumar to the extent of 50% share each in respect of the debt & securities of deceased Bhagwat Prasad in terms of Ex.PW1/5, on filing of requisite court fee and on furnishing of an indemnity Bond with one surety within 15 days.
No further orders are required to be passed in the matter. File be consigned to Record Room.
Announced in the open court Dig Vinay Singh
on 17.09.2008 Administrative Civil Judge
Delhi
Judg. P.no.459/2007 titled as Rakesh Kumar Vs. State / total pages (3) / R :4: RAKESH KUMAR VS. STATE 459/07 17.9.08 Present : Petitioner in person with counsel Sh. Amar Singh.
: LR/Respondents no. 1 to 4 namely Sheela, Seema, Nirmla and Rajni have filed their No Objection Cum Affidavit in favour of the petitioners.
Statement of petitioner Rakesh Kumar recorded. PE stands closed. Arguments heard.
Vide my separate judgment of even date, I am of the considered opinion that there is no impediment for grant of Succession Certificate in favour of both the petitioners Sh. Rakesh Kumar and Sh. Vinod Kumar in respect of the debt & securities of deceased Sh. Bhagwat Prasad.
I accordingly direct that Succession Certificate be issued in favour of both the petitioners Sh. Rakesh Kumar and Sh. Vinod Kumar to the extent of 50% share each in respect of the debt & securities of deceased Bhagwat Prasad in terms of Ex.PW1/5, on filing of requisite court fee and on furnishing of an indemnity Bond with one surety within 15 days.
No further orders are required to be passed in the matter. File be consigned to Record Room.
Announced in the open court Dig Vinay Singh
on 17.09.2008 Administrative Civil Judge
Delhi
Judg. P.no.459/2007 titled as Rakesh Kumar Vs. State / total pages (3) / R