Delhi District Court
Amar Singh vs State And Ors on 19 September, 2024
Amar Singh v. The State & Ors.
SC No. 6012/2023
IN THE COURT OF SH. PARAS DALAL
ACJ-cum-CCJ-cum-ARC, SOUTH
SAKET COURTS, DELHI
SC No. 6012/2023
CNR No. DLST03-001443-2016
1. Sh. Amar Singh
S/o late Sh. Babu Lal
R/o 215, First Floor, Khanpur Village,
Dr. Ambedkar Nagar, South Delhi
Delhi-110062
........Petitioner
Versus
1. The State (Govt of NCT of Delhi)
2. Smt. Poonam
W/o late Sh. Narender Kumar
3. Sh. Rohan S/o Smt. Poonam through Mother
S/o late Sh. Narender Kumar
4. Ms. Arpan D/o late Sh. Narender Kumar
All R/o
H. No.496, Janta Jeewan Camp,
Tigri, New Delhi-110062
5. MCD
South Zone, Green Park,
New Delhi-110016
6. State Bank of India
Ambedkar Nagar, Sector 1,
New Delhi
........Respondents
1 of 5
Amar Singh v. The State & Ors.
SC No. 6012/2023
PETITION FOR GRANT OF SUCCESSION CERTIFICATE
UNDER SECTION 372 OF THE INDIAN SUCCESSION ACT,
1925
1. Date of Institution of Petition : 16.08.2016
2. Date of Judgment : 19.09.2024
3. Decision : Petition Allowed
JUDGMENT
1. Vide this judgment, this Court shall dispose off the petition filed by petitioner for grant of succession certificate qua debts and securities of deceased late Sh. Babu Lal.
2. In the petition, it is inter-alia pleaded that petitioner is the son, respondent no.2 is the daughter in law, respondent no.3 and respondent no.4 are the grand children of late Sh. Babu Lal, who expired on 08.07.2008: apart from four, there is no other surviving legal heir of the deceased; the deceased was ordinarily residing within the territorial jurisdiction of this Court; and there is no legal impediment in the grant of succession certificate in favour of petitioner.
3. Perusal of the record reflects that notice of this petition was given to the general public by way of publication in the newspaper 'Quami Patrika' on 23.11.2021. In response to the notice, no person from the general public came forward to offer 2 of 5 Amar Singh v. The State & Ors.
SC No. 6012/2023any objection qua grant of succession certificate to petitioners.
4. During the summary proceedings conducted as per Section 373 of the Indian Succession Act, 1925, three witnesses were examined in the form of PW1 i.e. Sh. Amar Singh, RW1 Sh. Jai Bhagwan, Patwari, SDM Hauz Khas, New Delhi and RW6 i.e. Sh. Niranjan Kumar, Branch Manager, SBI, Ambedkar Nagar, Sector 1, New Delhi.
5. PW-1 Sh. Amar Singh filed his affidavit of evidence in the form of Ex.PW1/1, wherein he reiterated the contents of the petition and relied upon following documents:-
1. Photo copy of identity card of deceased is mark PW1/A
2. Photo copy of PAN card of deceased is Ex.PW1/B (OSR)
3. Copy of death certificate of late Sh. Babu Lal is Ex.PW1/C (OSR)
4. Death certificate of mother of petitioner is mark PW1/D
5. Death certificate of brother of petitioner is mark PW1/E
6. Photo copy of bank pass book of deceased is Ex.PW1/F (OSR)
7. Photo copy of aadhar card of petitioner is Ex.PW1/G (OSR)
6. Publication in newspaper Quami Patrika done on 18.08.2024. R2 to R4 are absent despite substituted service. The petitioner has sought succession qua securities of late Sh. Babu Lal maintained with R5/MCD and R6/SBI. R2 to R4 did not appear despite service and they are proceeded ex parte.
3 of 5 Amar Singh v. The State & Ors.
SC No. 6012/20237. RW-1 Sh. Jai Bhagwan, Patwari, SDM, Hauz Khas, New Delhi appeared in the present case and file report Ex.RW1/A prepared by Sh. Ajay Sachdeva, SDM that Sh. Babu Lal, who expired on 08.07.2008 and he was survived by petitioner and respondent no.2 to 4.
8. RW6 Sh. Niranjan Kumar stated that the account no.10207396899 which is the account of the deceased Babu Lal which is maintained in the bank of respondent no.6 having a balance of approx Rs.24,090/-. Although there is no nominee for the abovesaid account as per the statement of bank official.
9. I have heard the submissions made by Ld. Counsel for the petitioner, perused the record and gone through the relevant provisions of law.
10. The testimony of PW1 and RW1 proves that Sh. Babu Lal, who expired on 08.07.2008 and petitioner and respondent no.2 to 4 are the only surviving legal heirs of the deceased.
11. Statement of RW6 proves that the account no.10207396899 which is the account of the deceased Babu Lal which is maintained in the bank of respondent no.6 having a balance of approx Rs.24,090/-. Although there is no nominee for the abovesaid account as per the statement of bank official.
12. No one else has come forward to oppose this succession petition despite publication in newspaper.
4 of 5 Amar Singh v. The State & Ors.
SC No. 6012/202313. In light of the facts and circumstances and on the basis of material placed on record, petitioner is entitled to the succession certificate and there exists no impediment in grant of succession certificate to her. Thus, present petition qua the grant of succession certificate in respect of the account no.10207396899 which is the account of the deceased Babu Lal which is maintained in the bank of respondent no.6 having a balance of approx Rs.24,090/-. Although there is no nominee for the abovesaid account as per the statement of bank official is hereby allowed. Accordingly, succession certificate be issued in favour of petitioner upon filing of requisite court fees and indemnity bond of like amount.
14. The succession certificate shall be considered only as an entitlement of petitioner to receive the amount aforesaid (with up-to-date interest if any). The concerned R6 may seek compliance of formalities, if any, by petitioner for securing release of the amount, as per rules.
15. File be consigned to record room after due compliance.
Digitally
signed by
PARAS PARAS DALAL
Date:
DALAL 2024.09.19
16:12:56
+0530
Announced in the open Court (PARAS DALAL)
on 19.09.2024 ACJ-CCJ-ARC/South,
Saket Court/Delhi
5 of 5