Delhi District Court
Mr. Akhileshwar Sahay vs The State on 1 February, 2019
: IN THE COURT OF SACHIN SANGWAN
ADDITIONAL RENT CONTROLLER (SOUTH):
COURT ROOM NO. 204, SAKET COURTS: NEW DELHI
SUCCESSION CASE NO. 72/2018
Mr. Akhileshwar Sahay
S/o late Sh. Sureshwar Sahay
R/o H. No. A32/1, Saket, SFS Flats,
New Delhi17 ......... Petitioner
Vs.
1. The State
2. Mr. Shankar Sahay
S/o late Sh. Sureshwar Sahay
R/o 30B, Vijay Mandal Enclave
Near IIT Gate, New Delhi16
3. Mrs. Suman Kanchan,
W/o late Dr. T K Kanchan,
R/o 41/42, Rani Laxmi Bai Marg,
Kaisar Bagh, Lucknow, UP 226001
4. Mrs. Nilima Saxena,
W/o Dr. Jeevan Prakash,
R/o 41/42, Rani Laxmi Bai Marg,
Kaisar Bagh, Lucknow, UP 226001
5. Mrs. Meera Pradhan,
W/o Mr. Prabhat Pradhan
R/o Y5, Green Park, New Delhi
6. Dr. Avinash Kumar,
R/o F97, Green Park,
Kashipur Road, Rudrapur,
Uttrakhand - 263153
7. Mr. Vipul Kumar
S/o Dr. Avinash Kumar,
Succession No. 72/2018 Akhileshwar Sahay Vs State & Ors. Page 1/5
1364B, Green Ford Road, Greenford,
Middlesex, UB6 OHL,
United Kingdom
8. Mrs. Parul Dayal,
W/o Mr. Ranjul Dayal,
1866 Lazy Ridge Court,
Chesterfield No.63017, United States of America
Also at :
1123, Charter Oak Parkway,
St. Louis M.O. 63146,
United States of America
............Respondents
Application for grant of Succession Certificate U/S 372 of
Indian Succession Act, 1925.
DATE OF INSTITUTION : 03.07.2018
DATE OF RESERVING ORDER : 10.01.2019
DATE OF PRONOUNCEMENT : 01.02.2019
JUDGMENT
1. Vide this judgment, I shall dispose off the petition filed by the petitioner Akhileshwar Sahay for the grant of a succession certificate under section 372 of the Indian Succession Act, 1925 ( hereinafter referred to as ' the Act') in respect to debt/securities etc., of Late Mrs. Sulakshni Saxena.
2. The facts relevant for the disposal of the present petition are that Mrs. Sulakshni Saxena, mother of the petitioner, expired on 19.03.1995. It has further been stated that deceased was having 2740 shares of Hindustan Unilever Limited alongwith bonus shares as well as dividend having Folio NO.HLL1927512, Certificate No.5103928 and Distinctive No. 93601251 to 93603990.
3. It has been further stated that petitioner is one of the legal heir/ representative of deceased alongwith other respondents. It has been stated Succession No. 72/2018 Akhileshwar Sahay Vs State & Ors. Page 2/5 that respondent no.2 Shankar Sahay is brother of petitioner (other son of deceased) and respondent no.3, 4 & 5 namely Suman Kanchan, Nilima Saxena and Meera Pradhan are sisters of petitioner (daughters of deceased). It has further been stated that Mridula Kumar is another sister of petitioner who already passed away and respondent no.6, 7 & 8 are her legal heirs. Respondent no.6 is the husband of Mridula Kumar and respondent no. 7 & 8 are her children. It has further been stated that Mr. Sureshwar Sahay, father of petitioner (husband of deceased) already expired on 18.01.2013. It has further been stated on behalf of the petitioner that there is no impediment under the provision of the Act in the grant of succession certificate in his favour.
4. A notice of the petition was published in the daily newspaper ''The Statesman and Veer Arjun" on 26.07.2018 and 24.08.2018 respectively inviting objections on behalf of general public to the grant of succession certificate in favour of the applicant / petitioner, but none had appeared on behalf of the public at large on the day of hearing fixed to contest / oppose or raise any objection to the grant of the succession certificate in favour of the applicant / petitioner.
5. Notice of the petition was sent to all the respondents. However, despite service of notice by post, respondent no.2 & 5 have not entered appearance before the court. Further, on an application of petitioner, notice of petition was sent to respondent no.3, 4. 6, 7 & 8 by way of email through Nazarat Branch on furnishing of an affidavit mentioning the email addresses of above respondents, however despite service of notice by emails, respondent no.3, 4. 6, 7 & 8 have neither entered appearance nor filed their objections, if any.
6. The petitioner was examined as PW1 who deposed on the lines of the facts as averred in her petition. She had relied upon the following Succession No. 72/2018 Akhileshwar Sahay Vs State & Ors. Page 3/5 documents:
a) copy of driving license and PAN card of deponent as Ex.PW1/1 (colly)
b) internet generated death certificate of deceased as Ex.PW1/2
c) death certificate of Mridula as Ex.PW1/3
d) death certificate of father of deponent as Ex.PW1/4
e) copies of three letters dated 13.02.2018, 21.02.2018 & 15.03.2018 received from Karvy Computershare Pvt Ltd as Mark A (colly)
f) internet generated share price of Hindustan Unilever Ltd as Ex.PW1/5 (colly)
g) certificate under section 65B of the Indian Evidence Act as submitted by counsel of deponent as Ex.PW1/6
7. The petitioner also examined official namely Sh. Abhishek Kumar, Deputy Manager (legal), Karvy Fintech Pvt Ltd. who deposed that Karvy Computer Share Pvt Ltd has been amalgamated with Karvy Fintech Pvt Ltd. He further deposed that as per their records, deceased Sulakshni Saxena was the holder of 2740 shares of Hindustan Unilever Ltd vide Folio No.HLL1927512, Certificate No.5103928. His reply is Ex.PW2/2.
8. Further, on 28.11.2018, valuation proof in regard to 2740 shares of Hindustan Unilever Limited having Folio No.HLL1927512, Certificate No.5103928 and Distinctive No. 93601251 to 93603990 was filed supported with printouts of current value of share as reflected on the official website of NSE and BSE as on 27.11.2018 was filed on behalf of petitioner, mentioning therein the total value of aforesaid shares of Hindustan Unilever Limited is Rs.47,48,420/ as on 27.11.2018 (Rs.1733/ per share).
9. The copy of death certificate reflects that deceased Smt. Sulakshni Saxena, W/o Sureshwar Sahay expired on 19.03.1995. Further, as per death certificate Ex.PW1/4 shows that Sureshwar Sahay, husband of deceased expired on 18.01.2013. Further, as per death certificate Ex.PW1/3 shows that Mridula, W/o Avinash Kumar (one of daughters of deceased) expired on Succession No. 72/2018 Akhileshwar Sahay Vs State & Ors. Page 4/5 10.12.2005.
10. The aforesaid claim of the petitioner have gone unrebutted and nobody appeared on behalf of public at large to contest the aforesaid claim of the petitioner. There is also no impediment U/S 370 of the Act to grant of Succession Certificate with respect to debts/securities as mentioned above. Therefore, I deem it fit to allow the petition. Accordingly, the petition is hereby allowed.
11. In view of above, I hold that the petitioner Sh. Akhileshwar Sahay, S/o late Sh. Sureshwar Sahay is entitled for the grant of Succession Certificate U/S 372 of the Act in respect of debts and securities. It is however, clarified that rights and interest of legal heirs of deceased late Smt. Sulakshni Saxena, interse, is not decided vide this order which is confined to issuance of succession certificate only.
12. Accordingly, Succession Certificate be issued to Sh. Akhileshwar Sahay, S/o late Sh. Sureshwar Sahay on filing of court fee as prescribed in terms of Article 12 Schedule 1 of the court fee Act 1870 as applicable to Delhi and an Indemnity Bond with one surety in the like amount for the value of debts and securities as detailed herein above.
13. File be consigned to Record Room after completion of necessary formalities. Digitally signed by SACHIN SACHIN SANGWAN SANGWAN Date: 2019.02.01 16:52:22 +0530 Announced in the open court (Sachin Sangwan) on 01.02.2019 Administrative Civil Judgecum Additional Rent Controllercum Commercial Civil Judge: (South):
Saket District Courts: New Delhi Succession No. 72/2018 Akhileshwar Sahay Vs State & Ors. Page 5/5