Delhi District Court
Snehha Agarwala vs State And Others on 22 September, 2025
Digitally
signed by
MANSI
MANSI MALIK
MALIK Date:
2025.09.22
16:30:56
+0530
IN THE COURT OF MS. MANSI MALIK, ADMINISTRATIVE CIVIL
JUDGE/ADDITIONAL RENT CONTROLLER: NORTH-WEST
DISTRICT: ROHINI COURTS: DELHI.
Succession Petition No. 51/25
CNR No. DLNW030007222025
Date of Institution : 05.05.2025
Date of Judgment : 22.09.2025
Final Order : Petition allowed.
Snehha Agarwala
W/o Late Sh. Manoj Kumar Agarwala
House No. I-33, Block-I,
Ashok Vihar Phase-1,
North West Delhi
Delhi-110052 ... Petitioner
VERSUS
1) State, Delhi
Through SDM
Saraswati Vihar
North West Delhi
Delhi
2) Branch Manager
ISE Securities and Services Ltd.
409, 4th Floor, 16/11,
R.D. Chamber, Arya
Samaj Road, Karol Bagh,
New Delhi-110005
Also At:
Branch Head
DP of Central Depository
Services (I) Ltd.
International Infotech Park
Tower-7, 5th Floor
Sector-30, Vashi
SCC No.51/25 Snehha Agarwala Vs. State Page No. 1/8
Digitally
signed by
MANSI MANSI
Date:
MALIK
MALIK 2025.09.22
16:31:31
+0530
Navi Mumbai
Maharashtra-400703
3) Mohini Agarwala
W/o Late Sh. Om Prakash Agarwla
House No. I-33, Block I,
Ashok Vihar Phase-1
North West Delhi
Delhi-110052
4) Jai Kishan Agarwala
S/o Late Sh. Manoj Kumar Agarwala
House No. I-33, Block-1,
Ashok Vihar Phase-1
North West Delhi
Delhi-110052
5) Kamakshi Agarwala
D/o Late Sh. Manoj Kumar Agarwala
House No. I-33, Block-1,
Ashok Vihar Phase-1,
North West Delhi,
Delhi-110052 ...Respondents
JUDGMENT ON PETITION UNDER SECTION 372 OF THE INDIAN SUCCESSION ACT
1. The present petition has been filed by the petitioner under Section 372 of Indian Succession Act, 1925, seeking issuance of Succession Certificate in respect of shares (herein referred to as assets) left behind by the deceased Late Manoj Kumar Agarwala (herein referred to as deceased).
2. As per the petition, the petitioner Ms. Snehha Agarwala is the wife of the deceased Sh. Manoj Kumar Agarwala, who expired on 21.10.2021 and at that time, he was ordinarily residing at House No. H-166, Ashok Vihar, Phase-1, North West Delhi, Delhi-110052.
SCC No.51/25 Snehha Agarwala Vs. State Page No. 2/8 Digitally signedMANSI by MANSI MALIK MALIK Date:
2025.09.22 16:31:33 +0530 Petitioner Ms. Snehha Agarwala being the wife, respondent no. 3/Mohini Agarwala being the mother, respondent no. 4/Jai Kishan Agarwala being the son and respondent no. 5/Kamakshi Agarwala being the daughter of the deceased are stated to be surviving legal heirs of the deceased. It is stated that there is no impediment to the grant of succession certificate under the Succession Act in favor of the petitioner.
3. After filing of present petition, notice was issued and general public was served through publication in daily newspaper 'Virat Vaibhav', Hindi edition dated 04.06.2025 to invite objections from the public at large to the grant of succession certificate to the petitioner but none appeared from the general public to oppose or contest the present petition.
4. A report regarding LRs of deceased has also been received from the office of SDM Office, Saraswati Vihar, Delhi as per which Jai Kishan Agarwala (son), Kamakshi Agarwala (daughter), Mohini Agarwala (Mother) and Snehha Agarwala (Wife) are the legal heirs of the deceased.
5. During the summary proceedings conducted as per Section 372 of the Indian Succession Act, 1925, 05 witnesses were examined.
6. PW-1/Petitioner namely Ms. Snehha tendered her evidence by way of affidavit Ex. PW-1/A testifying that she is the wife of the deceased and that no Will was executed by her husband in respect of her property in question. She further testified that there are four legal SCC No.51/25 Snehha Agarwala Vs. State Page No. 3/8 Digitally signed by MANSI MANSI MALIK MALIK Date:
2025.09.22 16:31:36 +0530 heirs of the deceased i.e herself and respondents no. 3 to 5, who have already given NOCs in her favour. She relied upon the following documents:-
S. Documents Exhibit
No.
1 Copy of her Aadhar Card Ex. PW1/A (OSR)
2 Copy of death certificate of the Ex. PW1/B (OSR)
deceased
3 DEMAT account statement Ex. PW1/C (OSR)
4 Surviving member certificate Ex. PW1/D (OSR)
7. RW-1/Sh. Satish, Bailiff from the office of SDM Office, Saraswati Vihar, Delhi has filed LR report of late Sh. Manoj Kumar Agarwala, S/o Sh. Om Prakash Agarwala i.e. Ex. RW-1/1 wherein it is stated that Jai Kishan Agarwala (son), Kamakshi Agarwala (daughter), Mohini Agarwala (mother) and Snehha Agarwala (wife) are the legal heirs of the deceased.
8. RW-2/ Sh. Santosh Kumar, has brought the summoned record i.e. statement of DEMAT account i.e. Ex. RW2/1 in respect of the DP ID No. 13023400 and Client ID-00398905, in the name of deceased Sh. Manoj Kumar Agarwal, as per which there is company's share holding value of Rs. 50,93,518.50/- as on 19.09.2025 in the said account, details of shares are as follows:
Sec ISIN ISIN Name Current Balance Type Company Under Liquidation Settlement ID SCC No.51/25 Snehha Agarwala Vs. State Page No. 4/8 Digitally signed by MANSI MANSI Date:
MALIK MALIK 2025.09.22 16:31:38 +0530 EQ INE176L0101 Crane 3,000/-
7 Infrastructure Ltd.-Equity shares EQ INE351F0101 Jaiprakash 1,000.00/-
8 Power Ventures Ltd.-
Equity Shares EQ INE758E0101 JIO Financial 80/-
7 Services Ltd.
EQ INE103A0101 Manglore 200/-
4 Refinery and
Patro
Chemical Ltd.
EQ INE002A0101 Reliance 160/-
8 Industry Ltd.
EQ INE614G0103 Reliance 1900/-
3 Power Ltd.
EQ INE146A0101 Sanghai 100/-
3 (Under Polysters Ltd.
Liquidation)
EQ INE694A0102 Unitech Ltd. 1500/-
0
EQ INE295C0101 Virat Crane 3000/-
4 Industries Ltd.
EQ INE445C0101 Xpro India 3981/-
5 Ltd.
He further stated that as per record, there is no nominee in respect of the said account. He also relied on his official-ID Card i.e. Ex. RW-2/2.
9. RW-3/Sh. Jai Kishan stated that he is the SPA Holder of respondent no. 3/Ms. Mohini Agarwala and respondent no. 5/Ms. Kamakshi Agarwala. The SPA executed by respondent no. 4/Mohini Agarwala i.e. Ex. RW3/A and the SPA executed by Respondent no. 5 is Ex.
SCC No.51/25 Snehha Agarwala Vs. State Page No. 5/8Digitally signed by MANSI MANSI Date:
MALIK MALIK 2025.09.22 16:31:41 +0530 RW3/B. He further stated that Sh. Manoj Kumar Agarwala was son of respondent no. 3 and father of respondent no. 5 who did not execute any Will during his lifetime in respect of his property. He further stated that Respondent no. 3 and Respondent no. 5 have no objection if succession certificate is issued in favour of petitioner i.e. Ms. Snehha Agarwala. He also relied on copy of his Adhar Card i.e. Ex. RW3/1 (OSR).
10. RW-4/Sh. Jai Kishan stated that Sh. Manoj Kumar Agarwala was his father who did not execute any Will during his lifetime in respect of his property. He further stated that he has no objection if succession certificate is issued in favour of petitioner i.e. Ms. Snehha Agarwala. He also relied on copy of his Adhar Card i.e. Ex. RW-4/1 (OSR).
11. Thereafter, PE was closed vide order dated 22.09.2025 and the matter was listed for final arguments.
12. Heard. Perused.
13. From the material on record, it stands proved that the deceased Sh.
Manoj Kumar Agarwala expired on 21.10.2021 and at that time, he was ordinarily residing at House No. H-166, Ashok Vihar, Phase-1, North West Delhi, Delhi-110052 which confers the territorial jurisdiction upon this Court.
14. As per LR report filed on behalf of Tehsildar, Saraswati Vihar, Delhi, it has brought on record that the deceased left behind Jai Kishan Agarwala (son), Kamakshi Agarwala (daughter), Mohini SCC No.51/25 Snehha Agarwala Vs. State Page No. 6/8 Digitally signed by MANSI MANSI Date:
MALIK MALIK 2025.09.22 16:31:43 +0530 Agarwala (mother) and Snehha Agarwala (wife) as his surviving legal heirs.
15. From the testimony of the concerned witnesses, the total amount left behind by the deceased has been brought on record. Succession certificate has been sought in favour of petitioner Ms. Snehha Agarwala and respondents no. 2 to 5 have already given their NOC in her favour. Petitioner is otherwise Class-I legal heir of the deceased being his wife. No impediment has been brought on record in respect of grant of succession certificate in favor of petitioner.
16. Thus, considering that petitioner Ms. Snehha Agarwala is held entitled to Succession Certificate in respect of DEMAT account bearing DP ID No. 13023400 and Client ID-00398905, in the name of deceased Sh. Manoj Kumar Agarwal, having value of Rs. 50,93,518.50/- as on 19.09.2025 alongwith accrued dividend and interest, if any.
17. The succession certificate be issued in favor of the petitioner namely Ms. Snehha Agarwala on furnishing of an Indemnity Bond of the value of the above noted debts and securities, with one surety of like amount each within one month from today. Petitioner to file court fees in terms of Article 12 Schedule 1 of the Court Fees Act as applicable to Delhi for issuance of succession certificate.
18. It is clarified, that succession certificate shall be considered only as an entitlement of the petitioner to receive the amount due towards the deceased Sh. Manoj Kumar Agarwala from concerned SCC No.51/25 Snehha Agarwala Vs. State Page No. 7/8 company/bank so as to discharge the debtor(s).
19. File be consigned to Record Room after due compliance.
Digitally signed by MANSI MANSI MALIK MALIK Date:
2025.09.22 Announced in an Open Court (MANSI MALIK) 16:31:48 +0530 on 22.09.2025 ACJ/ARC/North-West District Rohini District Courts, Delhi.SCC No.51/25 Snehha Agarwala Vs. State Page No. 8/8