Delhi District Court
Kiran Bala vs The State on 8 August, 2023
IN THE COURT OF SH. MAYANK GOEL,
ACJ/CCJ/ARC(WEST) TIS HAZARI COURTS, DELHI
____________________________________________________
SUCC. COURT 44/2023
KIRAN BALA Vs. THE STATE & ORS.
CNR NO. DLWT03-000862-2023
IN THE MATTER OF
KIRAN BALA
W/o LATE SH. NARINDER KHANNA,
R/o H. No. D-20, MANOHAR PARK,
PUNJABI BAGH, WEST DELHI,
DELHI-110026. ........ Petitioner
Versus
1. THE STATE,
(GOVT. OF NCT OF DELHI),
THROUGH CONCERNED SDM, DELHI.
2. SHASHANK KHANNA,
S/o LATE SH. NARENDER KUMAR KHANNA,
R/o H. No. D-20, MANOHAR PARK,
PUNJABI BAGH, WEST DELHI,
DELHI-110026.
3. SHWETA KHANNA,
D/o LATE SH. NARINDER KUMAR KHANNA,
R/o H. No. D-20, MANOHAR PARK,
PUNJABI BAGH, WEST DELHI,
DELHI-110026.
4. RELIANCE INDUSTRIES LIMITED,
THROUGH ITS DIRECTOR,
REGISTERED OFFICE AT: THIRD FLOOR,
MAKERS CHAMBERS IV, 222,
NARIMAN POINT, MUMBAI-400021.
_________________________________________________________________________
SUCC. COURT 44/2023
KIRAN BALA Vs. THE STATE & ORS. Page No. 1 of 5
CNR NO. DLWT03-000862-2023
5. KFIN TECHNOLOGIES LIMITED
(UNIT: RIL-MDAG)
THROUGH ITS DEPUTY MANAGER,
SELENIUM TOWER B, PLOT Nos. 31 & 31,
FINANCIAL DISTRICT, NANAKRAMGUDA,
SERILINGAMPALLY MANDAL ,
HYDERABAD-500032. ........ Respondents
DATE OF INSTITUTION : 31.03.2023
DATE OF RESERVING THE ORDER : 08.08.2023
DATE OF DECISION : 08.08.2023
DECISION : PETITION
ALLOWED
PETITION U/S 372 OF THE INDIAN SUCCESSION ACT
JUDGMENT
1. The present petition has been filed under section 372 of the Indian Succession Act, 1925 by Smt. Kiran Bala (hereinafter referred to as the petitioner) for grant of succession certificate in respect of debts and securities left behind by the deceased late Sh. Narinder Khanna @ Narender Khanna @ Narendr Khanna in her favour.
2. Notice of the petition was given to the general public by publication in the newspaper 'Virat Vaibhav' dated 27.04.2023 to invite objections from public at large to the grant of succession certificate to the petitioner. However, no one appeared from general public to oppose or contest the petition.
3. Ms. Shweta Khanna was examined as RW 3. She _________________________________________________________________________ SUCC. COURT 44/2023 KIRAN BALA Vs. THE STATE & ORS. Page No. 2 of 5 CNR NO. DLWT03-000862-2023 stated that she is the respondent No. 3 in the present petition. She tendered her evidence by way of affidavit, Ex. RW 3/A, which bears her signatures at Point A and B. She further stated that she is the daughter of the deceased, Sh. Narinder Khanna who expired on 15.03.2000. She further stated that she also have authority to depose on behalf of respondent no. 2/Shashank Khanna vide authority letter, Ex. RW 3/1, which bears her signatures at Point A and signatures of respondent no.2/Shashank Khanna at Point B. She further stated that they both have no objection if Succession Certificate in respect of debts and securities of the deceased is issued in favour of petitioner. She further stated that the deceased made no WILL during his lifetime and died intestate. Photocopy of her Aadhar Card is Ex. RW 3/2(OSR) for the purpose of identification. She had also filed photocopy of Aadhar Card of respondent no. 2/Shashank Khanna, which is Ex. RW 3/3(OSR), for the purpose of identification.
4. Petitioner examined herself as PW-1. She stated that she tendered her evidence by way of affidavit, which is exhibited as Ex. PW 1/A, which bears her signatures at Point A and B. She further stated that she is the wife of deceased late Sh.Narinder Khanna, who expired on 15.03.2000. She further stated that the deceased late Sh. Narinder Khanna has left behind herself (respondents no. 2 and 3 respectively herein) as the only surviving Class-I legal heirs. She further stated that there is no other Class-I legal heir except as stated above. She further stated that the deceased late Sh. Narinder Khanna had not executed any _________________________________________________________________________ SUCC. COURT 44/2023 KIRAN BALA Vs. THE STATE & ORS. Page No. 3 of 5 CNR NO. DLWT03-000862-2023 Will during his life time.
She relied upon the following documents as under:-
1.Ex. PW 1/1(OSR) : Copy of her Aadhar Card for her identification.
2.Mark A : Copy of Driving License of the deceased late Sh. Narinder Khanna.
3.Ex. PW 1/2 (OSR) : Copy of Medical Facility Card of the deceased late Sh. Narinder Khanna issued by Government of NCT of Delhi.
4.Ex. PW 1/3(OSR) : Copy of death certificate of the deceased late Sh. Narinder Khanna.
5.Ex. PW 1/4 (OSR) : Copy of share certificate.
6.Ex. PW 1/5 : Copy of E-Mail sent by respondent no.
5 to the petitioner dated 15.12.2022.
7.Ex. PW 1/6 : Certificate u/s 65B Indian Evidence Act, 1872.
8. Ex. PW 1/7 : Publication in "Virat Vaibhav"
Newspaper dated 27.04.2023.
6. From perusal of the testimony of witnesses and documents filed on record, it is clear that the petitioner is the wife of the deceased Sh. Narinder Khanna @ Narender Khanna @ Narendr Khanna and he expired on 15.03.2000. At the time of death of the deceased, the place of residence of the deceased D- 20, Manohar Park, New Delhi-110028. Perusal of the record reveals that as per Ex. PW 1/5, the deceased late Sh. Narinder Khanna @ Narender Khanna @ Narendr Khanna held 40 shares of Reliance Industries Limited vide Folio No. 031413168. There _________________________________________________________________________ SUCC. COURT 44/2023 KIRAN BALA Vs. THE STATE & ORS. Page No. 4 of 5 CNR NO. DLWT03-000862-2023 is no impediment u/s 370 of Indian Succession Act, 1925 to the grant of succession certificate in respect of debts and securities of the deceased Sh. Narinder Khanna @ Narender Khanna @ Narendr Khanna is issued in favour of petitioner, for which succession certificate is required.
7. In view of the matter as discussed above, it is held that petitioner is entitled for grant of succession certificate u/s 373 of Indian Succession Act, 1925 in respect of 40 shares of Reliance Industries Limited vide Folio No. 031413168 as per Ex.PW 1/5 is issued in favour of petitioner, upon filing of Court fees in terms of Article 12 Schedule 1 of Court fees Act and indemnity bond with one surety.
8. Petition is disposed of accordingly. After issuing of Succession certificate on compliance of above terms and conditions, file be consigned to record room.
Announced in open Court.
On this 08th August 2023
This Judgment contains 5 pages
and is signed by me. Digitally signed by
MAYANK MAYANK GOEL
GOEL Date: 2023.08.08
16:24:57 +0530
(MAYANK GOEL)
ACJ/CCJ/ARC(WEST)
TIS HAZARI COURTS/DELHI
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