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Delhi District Court

Yogeshwar Kumar Tyagi vs State on 1 February, 2020

              IN THE COURT OF SHRI ARVIND BANSAL
ACJ­cum­CCJ­cum­ARC (SOUTH­EAST), SAKET COURT, NEW DELHI

SC No. 140/19


1. Yogeshwar Kumar Tyagi
s/o Sh. Rameshwar Dayal Tyagi
r/o S­33, Greater Kailash - 2,
New Delhi - 110048.

2. Ashok Tyagi @ Ashok Kumar Tyagi
s/o Sh. Rameshwar Dayal Tyagi,
r/o E­130, Greater Kailash­1,
New Delhi - 110048.

3. Vinod Tyagi
s/o Sh. Rameshwar Dayal Tyagi
r/o E­130, Greater Kailash - 1,
New Delhi - 110048.                                              .... Petitioners

                                        Versus

State
Through: SDM concerned                                           ...Respondent


     PETITION FOR GRANT OF SUCCESSION CERTIFICATE UNDER
        SECTION 372 OF THE INDIAN SUCCESSION ACT, 1925

1. Date of Institution of Petition          : 06.09.2019
2. Date of Judgment                         : 01.02.2020
3. Decision                                 : Petition Allowed


                                      JUDGMENT

1. This Judgment disposes off a petition filed by petitioners for grant of succession certificate in their favour qua the debt and securities which are SC No. 140/19 Yogeshwar Kumar Tyagi Vs. The State Page no. 1 of 9 existing in the name of their mother late Kranti Devi @ Kranti Devi Tyagi in the form of shares of different companies.

2. In the petition, it is inter­alia pleaded that Late Kranti Devi Tyagi was mother of petitioners, who expired on 21.11.1992 and at the time of her death, she was ordinarily residing within the territorial jurisdiction of this Court. The father of petitioners namely Rameshwar Dayal Tyagi died on 06.12.1999 leaving behind the petitioners as the legal heirs.

3. The record of the Court file reflects that the notice of this petition was given to the general public by way of publication in the newspaper 'Veer Arjun' on 27.09.2019. In response to the notice, no person from the general public came forward to offer any objection(s) qua grant of succession certificate to the petitioners.

4. During the summary proceedings conducted as per Section 373 of the Indian Succession Act, 1925, two witnesses were examined.

5. During the testimony of PW1 Vinod Tyagi before learned Local Commissioner, he tendered his evidence by way of affidavit Ex. PW1/A and relied upon documents from Ex. PW1/1 to Ex. PW1/211 (Ex. PW1/203 de­ exhibited) (the details of documents being voluminous and lengthy, the same are not being reiterated here for the purpose of brevity). (the documents are precisely as mentioned in affidavit Ex. PW1/A and attached to the present file in Volume 1 to Volume 3).

6. During his testimony, RW1 Anil Kumar proved the Legal Heirs SC No. 140/19 Yogeshwar Kumar Tyagi Vs. The State Page no. 2 of 9 report of deceased which is Ex. RW1/A.

7. I have perused the record and the testimonies of PW1 and RW1. Perusal of the list of legal heirs of deceased (Ex. RW1/1) shows that there is no other legal heir of Late Kranti Devi Tyagi except the petitioners. Further, no one came forward to oppose issuance of succession certificate despite publication in newspaper. It is observed that that the petitioners have sought a common succession certificate in their favour with equal shares to all three of them. It is also requested that in case of any fraction / fragment (less than one) in distribution as aforesaid, last unit thereof may be credited to the account of petitioner no. 1 Yogeshwar Kumar Tyagi.

In view of the report regarding legal heirs and no opposition of any member of public, it is hereby ordered that a common succession certificate be issued in favour of the three petitioners which equal entitlement / share qua the debts and securities of their deceased mother Late Kranti Devi Tyagi. In case of any fraction / fragment (less than one) in distribution as aforesaid, last unit thereof may be credited to the account of petitioner no. 1 Yogeshwar Kumar Tyagi.

The details of debts and securities are as follows:

S. No . Particulars Valuation 1 1000 Equity Shares of Rs. 2/- of Housing 2089900 Development Finance Corporation Limited bearing Share Certificate No. 9306 and its Letter dt. 23.08.2010;
2 100 Equity Shares of Rs. 10/- HDFC Bank Limited 1105475 bearing Share Certificate No. 261087 with 500 Bonus Equity Shares of Rs. 10/- each in same Folio No. HB137296 as per its Letter dt. 13.11.2018;
3 100 Equity Shares of Rs. 10/- each of HEG Limited 94585 bearing Share Certificates No. 120451 and 285267;
SC No. 140/19
Yogeshwar Kumar Tyagi Vs. The State Page no. 3 of 9 4 1440 Equity Shares of Re. 1/- of ITC Limited bearing 1043496 Share Certificate No. 56680 and 122901 and 2880 Bonus Equity Shares of same Co. with same Folio No. 20/03993 as per Letter dt. 03.09.2018 of Investor Service Centre of said Co.;
5 450 Equity Shares of Rs. 2/- of Larsen & Tubro 582480 Limited bearing Share Certificates No. 102467, 253893, 370684, 1326223;
6 60 Equity Shares of Rs. 10/- of Ultra Tech Cement 233133 Limited bearing Share Certificates No. 102478, 223020;
7 1906 Equity Shares of Rs. 10/- of Reliance Industries 2335590 Limited bearing No. 10679486, 50830314, 62231648, 66428403, 1153256, 2280492, 3221298, 5178877 5178878, 6515801,11628927 11628928, 14334937 to 14334939, 14778936 14778964, 54066477 to 54066481, 62231088, 66427907 and 30 Equity Shares of Rs. 5/- each of said Co. having Share Certificates No. 12942056, 14334936 as per Letter dt. 27.08.2018 of Investor Service Centre of said Co.;
8 500 Equity Shares of Rs. 2/- of ICICI Bank Limited 196075 bearing Share Certificates No. 21194, 917572; 9 400 Equity Shares of Rs. 2/- of Max Financial 167120 Services Limited bearing Share Certificate No. 6569; 10 200 Equity Shares of Rs. 10/- of Steel Strips Wheels 15610 Limited bearing Share Certificate No. 42268 to 42271;
11 36 Equity Shares of Rs. 10/- each of Grasim 125325 Industries Limited bearing Share Certificates No. 1117373, 1586289 and split up by that co. into 144 Equity Shares of Rs. 2/- as per its Letter dt.17.09.2018;
12 252 Equity Shares of Rs. 10/- each of Aditya Birla 22050 Capital Limited bearing Share Certificate No. 280691;
SC No. 140/19
Yogeshwar Kumar Tyagi Vs. The State Page no. 4 of 9 13 290 Equity Shares of Rs. 10/- each of Apple 302 Industries Limited bearing Share Certificates No. 69774, 41084 41085, 263693, 163211 163212, 263694;
14 116 Equity Shares of Rs. 10/- of Aptech Limited 14302 bearing Share Certificates No. 28060 to 28066, 384769 to 384775, 374516 as per its letter;
15 232 Equity Shares of Rs. 10/- of The Arvind Mills 10846 Limited bearing Share Certificates No. 359872 359873, 480413, 816939 to 816941, 1198138 to 1198140, 2198138 to 2198140;
16 23 Equity Shares of Rs. 10/- of Arvind Infrastructure 2033 Limited bearing Share Certificate No. 3976; 17 158 Equity Shares of Rs. 10/- of Bhilwara Synthetics 4132 Limited bearing Share Certificates No. 12422, 31509; 18 39 Equity Shares of Rs. 10/- each of Digjam Limited 49 bearing Share Certificate No. 1698; 19 165 Equity Shares of Rs. 10/- each of Essar Steel 0 Limited Essar Steel Limited bearing Share Certificate No. 20138429 and 110 Preference Shares of Rs.

10/- each of same Co. for Share Certificate No. 138391;

20 100 Equity Shares of Rs. 10/- each of Indian Acrylics Limited bearing Share Certificate No. 216475; 21 5 Equity Shares of Rs. 10/- each of JK Cement 4944 Limited bearing Share Certificate No. 2705; 22 27 Equity Shares of Re. 1/- each of JK Synthetics 121 Limited now JayKay Enterprises Ltd. bearing Share Certificate No. 2035;

23 112 Preference Shares of Rs. 10/- each of JSW 49 Steel Limited bearing Share Certificate No. 10209 and 20 Equity Shares of Re. 1/- each of same Co. having Share Certificate No. 2449963;

SC No. 140/19

Yogeshwar Kumar Tyagi Vs. The State Page no. 5 of 9 24 60 Equity Shares of Rs. 10/- each of Kesoram 3168 Industries Limited bearing Share Certificates No. 487170, 257582, 378067;

25 400 Equity Shares of Rs. 2/- of Max India Limited 23960 bearing Share Certificate No. 4895;

26 80 Equity Shares of Rs. 10/- each of Max Ventures 3544 and Industries Limited bearing Share Certificate No. 54895;

27 40 Equity Shares of Rs. 10/- each of Modi Rubber 0 Limited bearing Share Certificate No. 150353; 28 The Petitioners did not have original Share 0 Certificate of Punjab Con- Cast Steels Limited (Formerly Nahar International) bearing No. 31153 in their possession or control so far and it was untraceable.

29 450 Equity Shares of Rs. 10/- each of Bindal Agro 3690 Chem Limited now Oswal Greentech Limited bearing Share Certificates No. 565139 565140, 1173432 1173433, 2119736 to 2119741;

30 2 Equity Shares of Rs. 10/- each of Reliance Home 11 Finance Limited bearing Share Certificate No. 104676;

31 484 Equity Shares of Rs. 5/- each of Reliance 387 Communication Ventures Limited Now Reliance Communication Ltd. bearing Share Certificates No. 64227 and 63219;

32 36 Equity Shares of Rs. 10/- each of Reliance 1309 Energy Limited Now Reliance Infrastructure Ltd. bearing Share Certificates No. 15610427, 15652889; 33 48 Equity Shares of Rs. 10/- each of Gramophone 15943 Company of India Limited now known as Saregama India Limited bearing Share Certificates No. 88296 to 88303;

34 73 Equity Shares of Rs. 10/- each of Sterlite 0 Industries (India) Limited bearing Share Certificates No. 430829 to 430833, 122087, 257861, 178861, 39478;

SC No. 140/19

Yogeshwar Kumar Tyagi Vs. The State Page no. 6 of 9 35 1289 Equity Shares of Re. 1/- each of Uttam Value 64 Steels Limited (Formerly Lloyds Steel Industries Ltd.) bearing Share Certificates No. 8349, 8448;

36 73 Equity Shares of Rs. 2/- each of Sterlite Power 0 Transmission Limited bearing Share Certificate No. 827;

37 46 Equity Shares of Rs. 4/- each of Arvind Fashions 21492 Limited bearing Share Certificate No. 7227; 38 12 Equity Shares of Rs. 10/- each of Nahar Industrial 290 Enterprises Limited bearing Share Certificate No. 167710;

39 60 Equity Shares of Rs. 2/- each of Kesoram Textiles 0 Mills Limited bearing Share Certificate No. 143717;

40 150 Equity Shares of Rs. 10/- each of Modi 0

Industries Limited bearing Share Certificates No. 22790 to 22792;

41 365 Equity Shares of Rs. 2/- each of Sterlite 40460 Technology Limited bearing Share Certificate No 176395;

42 88 Equity Shares of Rs. 10/- each of The Tata Iron 29163 And Steel Company Limited bearing Share Certificates No. 5492966, 3410646 3410647, 5693874 to 5693877;

43 44 Equity Shares of Rs. 10/- each of Tata Steel 14582 Limited bearing Share Certificate No. 3302035 as per Letter dt. 07.08.2018;

44 230+230 Equity Shares of Rs. 2/- each of Hexaware 178043 Technologies Limited bearing Share Certificate No. 3174 as per Letter dt. 07.08.2018;

45 484 Equity Shares of Rs. 5/- each of Reliance 0 Natural Resources Limited bearing Share Certificates No. 64227, 63219;

46 24 Equity Shares of Rs. 10/- each of Reliance Capital 816 Limited bearing Share Certificates No. 16210427, 16252889;

SC No. 140/19

Yogeshwar Kumar Tyagi Vs. The State Page no. 7 of 9 47 Half share in 1049 Equity Shares of Rs. 10/- each of Ranbaxy Laboratories Limited (now known as Sun Pharmaceutical Limited bearing Share Certificates No. 56745, 2534485, 88105, 238445 238446, 449878 449879, 610001 to 610003, 1591985 to 1591994, 2534475 to 2534484, 12698, and 132499 with 1678 Bonus Equity Shares of Re. 1/- as per Letter dt. 13.04.2015 for Share Cert. No. 132499;

368615 48 Half share in 5 Equity Shares of Rs. 10/- each of Kesoram Industries & Cotton Mills Limited bearing Share Certificate No. 126928;

132

49 Half share in 36 Equity Shares of Rs. 10/- each of Kesoram Industries Limited bearing Share Certificates No. 294115, 118794, 522682;

950

50 Half share in 200 Equity Shares of Rs. 2/- each of Max India Limited bearing Share Certificate No. 4982; 5990 51 Half share in 40 Equity Shares of Rs. 10/- each of Max Ventures & Industries Limited bearing Share Certificate No. 54982;

886

52 Half share in 200 Equity Shares of Rs. 2/- each of Max Financial Services Limited bearing Share Certificate No. 6705;

41,780 53 Half share in 41 Equity Shares of Rs. 2/- each of Kesoram Textiles Mills Limited bearing Share Certificate No. 000143685;

0

54 Half share in 80 Equity Shares of Rs. 10/- each of Modi Rubber Limited bearing Share Certificates No. 163348, 230948;

0

55 Half share in 20 Equity Shares of Rs. 10/- each of Dunlop India Limited bearing Share Certificate No. 179860;

0 
        TOTAL                                                  8802892



SC No. 140/19
Yogeshwar Kumar Tyagi Vs. The State                            Page no. 8 of 9

11. The succession certificate shall be considered only as an entitlement of the petitioners to receive the amount due towards Late Kranti Devi Tyagi or transfer of shares as referred above. The succession certificate shall not be considered as a direction to the concerned company to release the aforesaid amount or transfer the shares to the petitioners. The concerned company shall be competent to seek compliance of formalities, if any, to be fulfilled by the petitioners, for release of the aforesaid amount or transfer of shares.

Upon filing of requisite Court fees of Rs. 2,20,073/­ and indemnity bond with surety by petitioners, common succession certificate be issued in favour of all the three petitioners.

File be consigned to record room after due compliance as per law.





Announced in open Court                         (ARVIND BANSAL)
on 01.02.2020                                 ACJ­cum­CCJ­cum­ARC
                                               South­East District,
                                              Saket Courts, New Delhi.




SC No. 140/19
Yogeshwar Kumar Tyagi Vs. The State                                 Page no. 9 of 9