Delhi District Court
Smt. Anu Wadhawan vs State Of Nct Of Delhi on 6 July, 2023
SC No. 100/2021 Anu Wadhawan v. State of NCT of Delhi & Ors.
IN THE COURT OF MS. NEHA PRIYA
ACJ-cum-CCJ-cum-ARC, SOUTH
SAKET COURTS, DELHI.
SC No. 100/2021
CNR No.DLST03-001280-2021
1. Smt. Anu Wadhawan
W/o late Sh. Balraj Wadhawan
D/o late Sh. Narendra Nath Malhotra
Residing at:
V-28/3, DLF Phase-3
District: Gurugram
Haryana-122002 ........Petitioner
Versus
1. State of NCT of Delhi
Through SDM (Hauz Khas)
District, South Delhi
Office Address:
SDM Office
Mehrauli-Badarpur Road
Saket, New Delhi-110068
2. Sh. Arun Malhotra
S/o Late Sh. Narendra Nath Malhotra
Residing at:
U-28/8, DLF Phase-3
District: Gurugram (Haryana)-122001
3. Sh. Sanjiv Malhotra
S/o late Sh. Narendra Nath Malhotra
Residing at:
A-46, 2nd Floor
Hauz Khas, New Delhi-110016
4. Sh. Deepak Malhotra
S/o late Sh. Narendra Nath Malhotra
Residing at:
38, Sadhna Enclave
Panchsheel Park, New Delhi-110017 ......Respondents
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SC No. 100/2021 Anu Wadhawan v. State of NCT of Delhi & Ors.
PETITION FOR GRANT OF SUCCESSION
CERTIFICATE UNDER SECTION 372 OF THE INDIAN
SUCCESSION ACT, 1925
1. Date of Institution of Petition : 06.09.2021
2. Date of Judgment : 06.07.2023
3. Decision : Petition Allowed
JUDGMENT
1. Vide this judgment, this Court shall dispose off the petition filed by petitioner for grant of succession certificate in respect of 34 shares of Ultratech Cement Ltd., 420 shares of Aditya Birla Capital Ltd., 500 shares of Reliance Industrial Ltd., 660 shares of SKF India Ltd and 300 shares of Grasim Industries Ltd., held by Late Smt. Ruplata Malhotra.
2. In the petition, it is inter-alia pleaded that petitioner is the daughter and respondent no.2 to 4 are the sons of the deceased late Smt. Ruplata Malhotra, who expired on 17.12.2009; apart from petitioner and respondent no.2 to 4, 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 the 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 'Veer Arjun' on 02.12.2021. In response to the notice, no person from the general public came forward to offer any objection qua grant of succession certificate to the petitioner.
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4. During the summary proceedings conducted as per Section 373 of the Indian Succession Act, 1925, six persons were examined in the form of PW-1 i.e. Smt. Anu Wadhawan, PW-2 i.e. Sh. Pushpak, Executive, KFIN Technologies Ltd. RTA of Reliance Industries Ltd. Ultra Tech Cement Ltd. and Aditya Birla Capital, 305, New Delhi House, 27 Barakhamba road, New Delhi, RW-1 i.e. Sh. Arun Malhotra, RW-2 i.e. Sh. Sanjiv Malhotra, RW-3 i.e. Sh. Deepak Malhotra and RW-4 i.e. Sh. Sanjeet Kumar, Patwari, SDM, Hauz Khas, New Delhi.
5. PW-1 Smt. Anu Wadhawan filed her affidavit of evidence in the form of Ex.PW1/A, wherein she reiterated the contents of the petition and relied upon documents Ex.PW1/1(OSR) i.e. copy of death certificate of late Ruplata Malhotra, Ex.PW1/2(OSR) i.e. copy of letter dated 24.12.2020 issued by TSR Darashaw Consultants Pvt. Ltd., Ex.PW1/3(OSR) i.e. copy of letter dated 20.12.2020 issued by Karvy Fintech Pvt. Ltd for shares held by deceased late Ruplata Malhotra in Ultratech Cement Ltd., Mark A i.e. copy of letter dated 19.12.2020 issued by Karvy Fintech Pvt. Ltd. for shares held by deceased late Ruplata Malhotra in Grasim Industries Ltd., Ex.PW1/4(OSR) i.e. copy of letter dated 20.12.2020 issued by Karvy Fintech Pvt. Ltd. for shares held by deceased late Ruplata Malhotra in Aditya Birla Capital Ltd., Mark B i.e. copy of e-mail dated 24.08.2020 issued by Karvy Fintech Pvt. Ltd. for shares held by deceased late Ruplata Malhotra in Reliance Industries Ltd., Ex.PW1/5(OSR) i.e. original share certificate no.278131 in Folio No. abc0278721 of Aditya Birla Capital Ltd., 3 of 8 SC No. 100/2021 Anu Wadhawan v. State of NCT of Delhi & Ors.
Ex.PW1/6(OSR) i.e. Original share certificate no.3093675 in Folio No.582516 of Grasim Industries Ltd., Ex.PW1/7(OSR) i.e. Original share certificate no.66414066 in Folio No.047901481 of Reliance Industries Ltd., Mark C i.e. copy of share price of SKF India Ltd. as depicted on National Stock Exchange on 01.09.2021 at 04:00 pm, Mark D i.e. copy of share price of Ultratech Cement Ltd. as depicted on National Stock Exchange on 01.09.2021 at 04:00 pm, Mark E i.e. copy of share price of Aditya Birla Capital Ltd. as depicted on National Stock Exchange on 01.09.2021 at 04:00 pm, Mark F i.e. copy of share price of Grasim Industries Ltd. as depicted on National Stock Exchange on 01.09.2021 at 04:00 pm, Mark G i.e. copy of share price of Reliance Industries Ltd. as depicted on National Stock Exchange on 01.09.2021 at 04:00 pm, Mark H i.e. copy of loss report dated 01.09.2021 for loss of share certificate of SKF India Ltd. lodged with Delhi Police, Mark I i.e. copy of loss report dated 01.09.2021 for loss of share certificate of Reliance Industries Ltd. lodged with Delhi Police, Mark J i.e. copy of loss report dated 01.09.2021 for loss of share certificate of Ultratech Cement Ltd. lodged with Delhi Police and Ex.PW1/8 i.e. copy of aadhar card of petitioner.
6. PW-2 Sh. Pushpak, who appeared on behalf of KFIN Technologies Ltd. brought the record of 500 shares of Reliance Industries Ltd. bearing folio no. 047901481 having valuation of Rs.12,27,050/- as on 23.05.2023, 34 shares of Ultra Tech Cement Ltd. bearing folio no.81258279 having valuation of Rs. 2,63,262/- as on 10.05.2023 and 420 shares of Aditya Birla 4 of 8 SC No. 100/2021 Anu Wadhawan v. State of NCT of Delhi & Ors.
Capital bearing folio no.ABC0278721 having valuation of Rs.70,000/- as on 29.05.2023, all in the name of Smt. Ruplata Malhotra. The same was exhibited as Ex.PW2/A and Ex.PW2/B respectively.
7. Respondent no.2 to 4 deposed that they had no objection to grant of succession certificate, in respect of debts and securities of deceased late Smt. Ruplata Malhotra, in favour of the petitioner, Smt. Ruplata Malhotra. Copies of their IDs were exhibited as Ex.RW1/B, Ex.RW2/B and Ex.RW3/B respectively.
8. RW-1 Sh. Sanjeet Kumar, who appeared on behalf of respondent no.1 filed report regarding the legal heirs of deceased namely Late Smt. Ruplata Malhotra as per which she left behind only four legal heirs namely, Smt. Anu Wadhawan (daughter), Sh. Arun Malhotra (son), Sh. Deepak Malhotra (son) and Sh. Sanjeev Malhotra (son). The same was exhibited as Ex.RW4/A.
9. Separate replies were filed on behalf of SKF India Ltd. and Grasim Industries Ltd. stating that 660 shares of SKF India Ltd. bearing folio no. KFR0060836 and 300 shares of Grasim Industries Ltd. bearing folio no.582516, existed in the name of late Smt. Ruplata Malhotra.
10. I have heard the submissions made by Ld. Counsel for the petitioner, perused the record and gone through the relevant provisions of law.
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11. The testimony of PW-1 and RW-1 to RW-4 prove that deceased late Smt. Ruplata Malhotra expired on 17.12.2009, and the petitioner and respondent no.2 to 4 are her only known surviving legal heirs.
12. Testimony of PW-2 proves that 500 shares of Reliance Industries Ltd. bearing folio no. 047901481 having valuation of Rs.12,27,050/- (as on 23.05.2023), 34 shares of Ultra Tech Cement Ltd. bearing folio no.81258279 having valuation of Rs.2,63,262/- (as on 10.05.2023) and 420 shares of Aditya Birla Capital bearing folio no.ABC0278721 having valuation of Rs.70,000/- (as on 29.05.2023), all existed in the name of late Smt. Ruplata Malhotra.
13. Replies filed on behalf of SKF India Ltd. and Grasim Industries Ltd. prove that 660 shares of SKF India Ltd. bearing folio no.KFR0060836 and 300 shares of Grasim Industries Ltd. bearing folio no.582516, existed in the name of late Smt. Ruplata Malhotra. As per affidavit of valuation filed on behalf of petitioner, valuation of the aforesaid shares is Rs.33,43,560/- and Rs.5,34,690/- respectively.
14. Respondent no.2 to 4 have no objection to issuance of succession certificate in favour of petitioner. No one else has come forward to oppose this succession petition despite publication in newspaper.
15. In light of the facts and circumstances and on the 6 of 8 SC No. 100/2021 Anu Wadhawan v. State of NCT of Delhi & Ors.
basis of material placed on record, petitioner is entitled to 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 (i) 500 shares of Reliance Industries Ltd. bearing folio no. 047901481 having valuation of Rs.12,27,050/- as on 23.05.2023; (ii) 34 shares of Ultra Tech Cement Ltd. bearing folio no.81258279 having valuation of Rs. 2,63,262/- as on 10.05.2023; (iii) 420 shares of Aditya Birla Capital bearing folio no.ABC0278721 having valuation of Rs.70,000/- as on 29.05.2023; (iv) 660 shares of SKF India Ltd. bearing folio no.KFR0060836 having valuation of Rs.33,43,560/- as on 05.07.2023; and (v) 300 shares of Grasim Industries Ltd. bearing folio no.582516 having valuation of Rs.5,34,690/- as on 05.07.2023, all existing in the name of late Smt. Ruplata Malhotra, is hereby allowed.
16. Accordingly, succession certificate be issued in favour of the petitioner, upon filing of requisite court fees and indemnity bond by the petitioner, with one surety of like amount.
17. The succession certificate shall be considered only as an entitlement of petitioner to receive the current valuation of aforesaid shares/transfer thereof from Ultra Tech Cement Ltd., Aditya Birla Capital Ltd., Reliance Industrial Ltd., SKF India Ltd. and Grasim Industries Ltd. The succession certificate shall not be considered as a direction as such to the aforesaid entity to release the amount/transfer shares to the petitioner and it shall be competent to seek compliance of formalities, if any, by the 7 of 8 SC No. 100/2021 Anu Wadhawan v. State of NCT of Delhi & Ors.
petitioner for securing release of the amount of aforesaid shares/transfer thereof, as per rules.
18. File be consigned to record room after due Digitally compliance. signed by NEHA NEHA PRIYA Date:
PRIYA 2023.07.06
16:17:56
+0530
Announced in the open Court (NEHA PRIYA)
on 06.07.2023 ACJ-CCJ-ARC/South,
Saket Court/Delhi
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