Delhi District Court
Raisa Begum ( Senior Citizen ) vs State And Ors on 21 November, 2023
IN THE COURT OF MR. VIVEK BENIWAL :
ADMINISTRATIVE CIVIL JUDGE- CUM- ADDITIONAL
RENT CONTROLLER (CENTRAL) : DELHI
Petition No. : SC/133/2023.
CIS No. DLCT03-004770-2023.
In the matter of:-
Raisa Begum,
W/o. Late Samiuddin,
R/o. 1817, Gali Ahmed Shah,
Haveli Azam Khan, Jama Masjid,
Delhi-110006.
....Petitioner.
Versus
1. State (Govt. of NCT of Delhi),
2. Shabana Begum,
W/o. Late Samiuddin,
R/o. H.No. 3291, 4th Floor,
Kucha Pandit Gali,
Delhi-110006.
3. The Janta Co-operative Bank Limited,
1516-18, Pataudi House, Darya Ganj,
New Delhi-110002.
Through its Manager.
.....Respondents.
Date of Institution : 26.08.2023
Date of order when reserved : 21.11.2023
Date of order when announced : 21.11.2023
JUDGMENT:
1. The present succession petition has been filed by the petitioner stating that the deceased Samiuddin (hereinafter referred as 'the deceased') who died on 24.04.2021 at Delhi was husband of the petitioner. It is averred that the deceased has left one saving bank account and one FDR maintained with Janta Co- operative Bank Limited.
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2. After filing of this petition, notice was given to the general public by way of publication in the newspaper "Vir Arjun"
dated 06.09.2023, but none has appeared from general public to oppose or contest the present petition.
3. In order to substantiate her case, the petitioner examined herself as PW-1. It is stated by PW-1 that the deceased Samiuddin died on 24.04.2021 at Delhi was husband of the petitioner. PW-1 exhibited the death certificate of the deceased as Ex. PW-1/1. It is stated by PW-1 that the parents of the deceased predeceased the deceased. It is stated by PW-1 that the deceased died issueless. It is stated by PW-1 that she got married about 50 years ago. It is stated by PW-1 that her husband had also got married with Shabana Begum, who is respondent no. 2 in the present petition. It is stated by PW-1 that there is no child was born from the wedlock of the deceased with Shabana Begum (Respondent no. 2). It is stated by PW-1 that there is no other legal heirs of the deceased except the petitioner and respondent no. 2. It is stated by PW-1 that the deceased did not execute any Will during his life time. It is stated by PW-1 that the deceased has left behind debts and securities as mentioned in para 6 of the petition. It is stated by PW-1 that the certified statement of account as mentioned in para 6 of the petition have been exhibited in the statement of the official as Ex. RW-2/2 and Ex. RW-2/3. As per which, the total amount payable is Rs.2,820/- and Rs.45,113/-. PW-1 exhibited the copy of her Aadhaar Card as Ex. PW-1/2 (OS&R). It is stated by PW-1 that the deceased was residing within the territorial jurisdiction of this court and there is no impediment for grant of Succession Certificate in favour of the petitioner.
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4. Testimony of the respondent no. 2, namely, Shabana Begum has been recorded as RW-1 whereby she has given her no objection to grant of Succession Certificate in favour of the petitioner.
5. RW-2 Vishnu Prasad, Assistant Executive, The Janta Co-operative Bank Limited, Darya Ganj, Delhi exhibited the certified copies of statement of accounts in respect of one SB account bearing no. 0020221017454/021001745401 and FDR bearing A/c no. 0020202005657/022200565701 lying in the name of Samiuddin having balance amount of Rs.2,820/- and Rs.45,113/- respectively as Ex. RW-2/2 and Ex. RW-2/3 respectively.
6. The Court has heard submissions advanced on behalf of the petitioner and has perused the record.
7. It is no longer res integra that succession petitions are to be decided summarily. Sec. 373 of the Indian Succession Act provides that a succession petition is to be decided in a summary manner and even if court cannot decide the right to the certificate without determining questions of law or fact which may seem to be too complicated and difficult for determination in a summary proceedings, the Court may nevertheless grant a certificate to a person if he appears to be the person having prima facie the best title thereto. Thus U/s. 373 of Indian Succession Act, only prima facie case is to be seen and other questions of law and fact which may be complicated are to be decided by a regular civil court.
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8. In the case of Madhvi Amma Bhawani Amma and others Vs. Kunjikutty Pillai Meenakshi Pillai and others, Respondents. AIR 2000 Supreme Court 2301=2000 AIR SCW 2432 it was held that sub-sec. (3) of S. 373 of Succession Act which deals with procedure for grant of certificate reveals two things;
"...first adjudication is in a summarily proceedings and secondly if the question of law and fact are intricate or difficult, it could still grant the said certificate based on applicants prima facie title. In other words the grant of certificate under it is only a determination of prima facie title. This as a necessary corollary confirms that it is not a final decision between the parties. So, it cannot be construed that mere grant of such certificate or a decision in such proceeding would constitute to be decision on an issue finally decided between the parties. If that be so how could principle of res judicata be made applicable to a case in a subsequent suit?".
9. In view of the evidence adduced by the petitioner which has remained unrebutted and uncontroverted, the court is of the considered opinion that there is prima-facie no impediment for grant of Succession Certificate in favour of petitioner Raisa Begum, in terms of Ex. RW-2/2 and Ex. RW-2/3, having total balance amount of Rs.47,933/-. Succession Certificate granted accordingly. Succession certificate be drawn on deposit of requisite court fee of Rs.1,198.32p (Rounded off to Rs.1,198/-) and on furnishing an Indemnity Bond with one surety within 45 days.
File be consigned to Record Room.
Digitally signed by VIVEK BENIWAL VIVEK Date:
BENIWAL 2023.11.21
16:49:27
+0530
Announced in the open (VIVEK BENIWAL)
court on 21.11.2023. Administrative Civil Judge-cum-
Additional Rent Controller (Central) Delhi.
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