Delhi District Court
Raman Sharma vs Govt. Of Nct Of Delhi on 27 September, 2019
: IN THE COURT OF SACHIN SANGWAN
ADDITIONAL RENT CONTROLLER (SOUTH):
COURT ROOM NO. 204, SAKET COURTS: NEW DELHI
SUCCESSION CASE NO. 12/2018
Raman Sharma
S/o late Sh. Jagdish Chandra Sharma
R/o H. No. NW 134, Vishnu Garden,
New Delhi18, Delhi44
......... Petitioner
Vs.
1. Govt. of NCT of Delhi
Through Secretary of the State
2. The National Institute of Fashion Technology,
Through The Head of the Institute,
Hauz Khas, New Delhi
3. State Bank of India,
Branch Office Green Park Extension, N Delhi16
4. Union Bank of India,
Branch Office Paschim Vihar, N Delhi63
5. Syndicate Bank,
Branch Office Hauz Khas, N Delhi16
6. UTI Bank,
Branch Office Green Park, N Delhi16
7. Axis Bank,
Branch Office Hauz Khas, N Delhi16
8. Life Insurance Corporation of India
Branch Office 312, 31, Community Centre,
New Friends Colony, New Delhi
9. Regional Provident Fund Commissioner (South),
EPF Regional Office, EPFO Complex,
Plot 23, Sector 23, Dwarka, N Delhi 75
............Respondents
Succession No. 12/2018 Raman Sharma Vs State & Ors. Page 1/8
Application for grant of Succession Certificate U/S 372 of
Indian Succession Act, 1925.
DATE OF INSTITUTION : 24.01.2018
DATE OF RESERVING ORDER : 23.09.2019
DATE OF PRONOUNCEMENT : 27.09.2019
JUDGMENT
1. Vide this judgment, I shall dispose off the petition (amended) filed by the petitioner Raman Sharma 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 Smt. Santosh Sharma.
2. The facts relevant for the disposal of the present petition are that Smt. Santosh Sharma, mother of the petitioner, expired on 15.06.2010. It has further been stated that deceased was having debts and securities and in this regard, amended Schedule A was filed on behalf of petitioner on 23.09.2019, details of which are given below : I) All the outstanding amount in the name of late Smt. Santosh Sharma like outstanding salary, provident fund, gratuity and other monitory benefit whichever is due being as an employee of the National Institute of Fashion Technology, Hauz Khas, New Delhi.
II) The amount lying in the following account maintained in the name of Smt. Santosh Sharma (deceased) with the Syndicate Bank having branch office at Hauz Khas, New Delhi:
a) Accounts bearing No. 90492010045051, amount Rs. 10547.75 as on 14.08.2019.
b) Accounts bearing No. 90494050010123/4, amount Rs. 13783.37 as on 14.08.2019.
c) Accounts bearing No. 90494050010123/3, amount Rs. 40432.64 as on 14.08.2019.
d) Accounts bearing No. 90494050010123/2, amount Rs. 62853.62 as on 14.08.2019.
e) Accounts bearing No. 90494050010123/1, amount Rs. 61342.83 as on 14.08.2019.
III) The amount lying in the following account maintained in the name of Smt. Santosh Sharma (deceased) with State Bank of India having branch Succession No. 12/2018 Raman Sharma Vs State & Ors. Page 2/8 office at Green Park, New Delhi:
a) Accounts bearing no. 10786880610, amount Rs. 99,299 as on 05.07.2018
b) Pension account bearing no. 10786791286, amount Rs. 53,673.97 as on 05.07.2018 IV) The amount lying in the following account maintained in the name of Smt. Santosh Sharma (deceased) with the Union Bank of India having branch office at Pacchim Vihar, New Delhi:
a) Accounts bearing no. 448303870000074, amount Rs. 1,84,848/as on 28.06.2018.
b) Accounts bearing no. 448303870000075, amount Rs. 23,922/as on 28.06.2018.
c) Accounts bearing no. 448303870000076, amount Rs. 1,87,026/as on 28.06.2018.
V) The amount lying in the following account maintained in the name of Smt. Santosh Sharma (deceased) with the UTI Bank Limited (Now Axis Bank) having branch office at Green Park, New Delhi:
a) Account bearing no. 015010400864978, amount Rs. 1,12,871/ as on 18.06.2019.
b) Account bearing no. 015010401154928, amount Rs. 62,003/ as on 18.06.2019.
c) Account bearing no. 015010401212693, amount Rs. 1,01,357/ as on 18.06.2019.
VI) The amount lying in the following account maintained in the name of Smt. Santosh Sharma (deceased) with AXIS Bank having branch office at NIFT Campus, Hauz Khas, New Delhi:
a) Salary account bearing no. 552010100000295, amount Rs. 2656.17 as on 14.08.2019 VII) The amount lying in the following account maintained in the name of Smt. Santosh Sharma (deceased) with the Life Insurance Corporation of India having branch office at 31, Community Center, New Friends Colony, New Delhi:
a) Insurance policy bearing no. 123663176, amount Rs. 99,999/ as of now.
VIII) EPF Account No. 12297 in the name of Santosh Sharma (deceased), worked with employer National Institute Of Fashion Technologies, New Delhi
3. It is claimed that petitioner is the only legal heir/ representative of deceased. It is further stated that Sh. Jagdish Sharma, husband of deceased had predeceased on 07.08.2000. As per petitioner, there is no impediment Succession No. 12/2018 Raman Sharma Vs State & Ors. Page 3/8 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" both on 03.07.2018 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. On 06.07.2018, Mr Bhupender Singh, Manager, Union Bank of India, Paschim Vihar Branch had appeared before the court and filed account statement as well as balance statement qua Account No. 448303870000074, 448303870000075 & 448303870000076 in the name of Santosh Sharma and the balance in the said accounts are Rs.1,84,848/, Rs.23922/ and Rs.187026/, totaling to Rs.3,95,796/ as on 28.06.2018. Statement is Ex.P1.
6. On the same day i.e. 06.07.2018, Ms Archana Mishra, Branch Manager, State Bank of India, Green Park Extension Branch had appeared before the court and filed account statement qua account no. 10786791286 and STDR account no. 10786880610 in the name of Smt Santosh Sharma and the balance in the said accounts are Rs.53673.97/ and Rs.99299/ as on date. Statement is Ex.P2.
7. On 14.08.2018, Mr Harshwardhan, Administrative Officer, LIC, New Friends Colony had appeared before the court and filed status of LIC policy number 123663176 in the name of Smt Santosh Sharma and total payable amount is Rs.99999.99/. He deposed that as per their record, the nominee is Master Raman. Status report is Ex.P3.
8. On the same day i.e. 14.08.2018, Mr Virendra Kumar, Business Development Executive, Axis Bank Green Park Branch had appeared before Succession No. 12/2018 Raman Sharma Vs State & Ors. Page 4/8 the court and filed the statement of bank account No.015010400864978 in the name of Santosh Sharma and as per same, the maturity value is Rs.1,12,871/ as on 18.06.2019. He deposed that nominee in the said account is Mr. Raman Sharma. Statement is Ex.P4.
9. He further filed statement of bank account No.015010401154928 in the name of Santosh Sharma and as per same, the maturity value is Rs.62003/ as on 22.09.2018. He deposed that nominee in the said account is Mr. Gaurav Sharma. Statement is Ex.P5
10. He has also filed statement of bank account No.015010401212693 in the name of Santosh Sharma and as per same, the maturity value is Rs.101357/ as on 20.11.2018. He deposed that nominee in the said account is Mr. Gaurav Sharma. Statement is Ex.P6 and his authorization letter is Ex.P7.
11. Thereafter, on 21.01.2019, Mr Bal Kishan, Sr. Social Security Assistant, Regional Provident Fund Commissioner, Wajirpur Industrial Area appeared before the court and filed written submission / details of provident fund account No.DSNHP/12297/496 in the name of Santosh Sharma. As per the details of ledger cards in respect of Provident Fund Account No.DS/NHP/12297/496, the balance of PF of Rs.1,82,165/ (employee share) and Rs.78234/ (employer share) is available in the said account of Santosh Sharma. WS alongwith statement is Ex.R1.
12. On 14.08.2019, Mr Abhishek Singh, Asstt. Manager, Axis Bank, Hauz Khas Branch had appeared before the court and filed his authorization letter. He has also filed record in respect of account number 552010100000295 maintained in the name of Smt Santosh Sharma and the balance in the said account is Rs.2656.15/. Statement is Ex.P8.
Succession No. 12/2018 Raman Sharma Vs State & Ors. Page 5/813. On the same day i.e. 14.08.2019, Mr Manohar Mandal, Asstt.
Manager, Syndicate Bank, Hauz Khas Branch appeared and filed record in respect of saving account no. 90492010045051 in the name of Smt Santosh Sharma and the balance in the said account is Rs.10,547.75/. Same is Ex.P9. He has also brought records of FDRs, all in the name of Smt Santosh Sharma. Record is Ex.P10. Details of same are given below :
a) FDR number 90494050010123/4 for Rs.13783.37/
b) FDR number 90494050010123/3 for Rs.40432.64/
c) FDR number 90494050009953/4 for Rs.62853.62/
d) FDR number 90494050010123/1 for Rs.61342.83/
14. On the same day i.e. 14.08.2019, Mr Dinesh Khosla, Accounts Officer, NIFT, Delhi Campus appeared on behalf of respondent no.2/NIFT and filed copies of record in respect of dues of deceased Smt Santosh Sharma who was working with their department. He deposed that department has issued a letter dated 26.12.2011 and as per said letter, due of Smt Santosh Sharma is given in four heads i.e. Contribution Provident Fund, Group Insurance, Leave encashment and gratuity. Said letter alongwith annexures are marked as Mark PX (colly). He deposed that the applicable interest, if any shall be payable at the time of disbursement.
As per document Mark PX (colly), it is stated that as per records available with Establishment Section, NIFT, Smt Santosh Sharma had joined duties as Jr. Assistant on compassionate grounds on 01.11.2000 and expired on 15.06.2010. The detail of dues payable is as under : Sr. No Particulars Amount in Rupees 1 CPF (Contributory Rs.191860/ up to 31.03.2010 Provident Fund) Rs.7813/ (employee share Rs.4718/ plus employer's Succession No. 12/2018 Raman Sharma Vs State & Ors. Page 6/8 share Rs.3095/ plus interest as applicable for the period 01.04.2010 to 15.06.2010.
2. Group Insurance Rs.55176/ 3 Leave Encashment Rs.112430/ 4 Gratuity Rs.151308/
15. The petitioner was examined as PW1 who deposed on the lines of the facts as averred in his petition. He had relied upon the following documents:
a) copy of death certificate of deceased as Ex.PW1/A (OSR)
b) copy of High School Exam Certificate of deponent as Ex.PW1/B (OSR)
c) schedule A qua debts and securities of deceased as Ex.PW1/C
d) certified copy of order dated 11.09.2013 as Ex.PW1/D
e) debts and securities lying with Syndicate Bank as Ex.PW1/E (colly, pg 15 to 23) (OSR) (Except proof of salary account no. 552010100000295 with Axis Bank) (there is no document Ex.PW1/F)
f) copy of death certificate of father of deponent as Ex.PW1/G (OSR)
g) copy of aadhar card of deponent as Ex.PW1/H (OSR)
h) letter dated 03.10.2017 alongwith enclosure received from NIFT as Ex.PW1/I
i) NOC affidavit issued by Gaurav Sharma (nephew of deceased / cousin brother of petitioner) in favour of petitioner as Ex.PW1/J
16. The copy of death certificate Ex.PW1/A reflects that deceased Smt. Santosh Sharma expired on 15.06.2010. Further, death certificate Ex.PW1/G shows that Jagdish Chandra, S/o Sh B D Sharma, husband of deceased expired on 07.08.2000. Further, petitioner has relied upon his High School Examination CertificatecumMarksheet Ex.PW1/B which shows that he is son of Smt Santosh Sharma and Sh Jagdish Chandra Sharma. Further, petitioner has relied upon NOC affidavit of his cousin brother Gaurav Sharma stating that Gaurav Sharma has no objection if the amount lying in FDRs be released in favour of petitioner being sole legal heirs of deceased.
17. The aforesaid claim of the petitioner have gone unrebutted and nobody appeared on behalf of public at large to contest the aforesaid claim of Succession No. 12/2018 Raman Sharma Vs State & Ors. Page 7/8 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.
18. In view of above, I hold that the petitioner Sh. Raman Sharma, S/o late Sh. Jagdish Chandra Sharma is entitled for the grant of Succession Certificate U/S 372 of the Act in respect of debts and securities as mentioned above. It is however, clarified that rights and interest of legal heirs of deceased late Smt. Santosh Sharma, interse, is not decided vide this order which is confined to issuance of succession certificate only.
19. Accordingly, Succession Certificate be issued to Sh. Raman Sharma, S/o late Sh. Jagdish Chandra Sharma 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.
20. File be consigned to Record Room after due compliance.
Digitally signed by SACHIN SACHIN SANGWAN
SANGWAN Date: 2019.09.27
15:44:47 +0530
Announced in the open court (Sachin Sangwan)
on 27.09.2019 Administrative Civil Judgecum
Additional Rent Controllercum
Commercial Civil Judge: (South):
Saket District Courts: New Delhi
Succession No. 12/2018 Raman Sharma Vs State & Ors. Page 8/8