Delhi District Court
Smt Geeta Devi vs State And Other on 29 January, 2026
IN THE COURT OF MS. CHARU ASIWAL
ACJ-cum-CCJ-cum-ARC, SHAHDARA
KARKARDOOMA COURTS, DELHI
DLSH030005962024
Succession Court 41/24
1. Smt. Geeta Devi
W/o Late Sh. Mahesh Kumar
R/o 338A, Ram Nagar Extn., Krishna Nagar,
Delhi-110051.
2. Pawan Kumar
S/o Late Sh. Mahesh Kumar
R/o 338A, Ram Nagar Extn., Krishna Nagar,
Delhi-110051.
.....Petitioner
Versus
1. The State (GNCT Delhi)
Through SDM concerned
O/a J7V9+7X7, Shastri Nagar,
Geeta Colony, Delhi-110031.
2. State Bank of India(Branch Krishna Nagar)
O/a F-3BY, 25, Krishna Nagar, Delhi-110051.
Through its Branch Manager.
CHARU
......Respondents ASIWAL
Digitally signed by
CHARU ASIWAL
Date: 2026.02.05
14:43:33 +0530
SC No.41/24 Smt. Geeta Devi Vs. The State & Ors. pg. no. 1/6
PETITION FOR GRANT OF SUCCESSION CERTIFICATE
BY THE PETITIONER TO GRANT OF SUCCESSION
CERTIFICATE IN RESPECT OF DEBTS/ SECURITIES OF
DECEASED LATE SH. MAHESH KUMAR, S/O LATE SH.
HEERA LAL.
Date of Institution :16.04.2024
Judgment reserved on :29.01.2026
Judgment pronounced on :29.01.2026
JUDGMENT
29.01.2026
1. Petition Allowed.
2. Vide the present petition, succession certificate is sought by the petitioner in respect of debts/ securities along with future interest in the name of deceased late Sh. Mahesh Kumar @ Mahesh Kumar Rajput, husband of the petitioner No. 1/Geeta Devi and father of the petitioner No. 2/ Pawan Kumar.
3. In the petition, it is inter alia pleaded that the petitioner is one of the legal heirs of the deceased late Sh. Mahesh Kumar @ Mahesh Kumar Rajput and the deceased was ordinarily residing at 338A, Ram Nagar Extn., Krishna Nagar, Delhi-110051 within the territorial jurisdiction of this Court and there is no legal impediment in the grant of succession certificate in favour of the petitioners.
4. Perusal of the record reveals that the notice of this petition was given to the general public by way of publication in the newspaper 'Virat Vaibhav' on 20.04.2024 and by way CHARU ASIWAL SC No.41/24 Smt. Geeta Devi Vs. The State & Ors. pg. no. 2/6 Digitally signed by CHARU ASIWAL Date: 2026.02.05 14:43:38 +0530 of affixation on 10.07.2024. In response to the notice, no person from the general public came forward to raise any objection for grant of succession certificate in favour of the petitioners.
5. During the summary proceedings conducted as per Section 373 of the Indian Succession Act, 1925, nine (04) persons were examined.
6. PW1 Ms. Geeta Devi filed her evidence by way of affidavit Ex. PW1/A wherein she reiterated the contents of the petition and relied upon the following documents being:-
1. Copy of death certificate of deceased Ld. Sh. Mahesh Kumar Ex. PW1/1, the same is de-exhibited as Mark A.
2. Aadhar Card of PW-1 is Ex. PW1/2(OSR) and Pan Card is de-exhibited as it has not been produced.
3. Copy of Passbook of PPF account no. 31737556696 and copy of passbook of saving bank account no. 10152658632 of deceased of Lt. Sh. Mahesh Kumar are Ex.
PW1/3(OSR) and Ex. PW1/4(OSR).
7. PW-2/ Sh. Pawan Kumar appeared and deposed that he is the son of the deceased Late Sh. Mahesh Kumar. He has no objection if succession certificate is issued by this court in favour of petitioner No. 1/Smt. Geeta Devi who is his mother, qua debts and securities averred in the present petition qua deceased Late Sh. Mahesh Kumar. His CHARU Digitally signed by CHARU ASIWAL ASIWAL Date: 2026.02.05 14:43:43 +0530 SC No.41/24 Smt. Geeta Devi Vs. The State & Ors. pg. no. 3/6 affidavit cum NOC in this regard is Ex. PW-2/A which bears his signature at point A and B. Copy of his Aadhar Card is Ex. PW 2/B (OSR).
8. RW-1/ Sh. Tarun Kadyan, Patwari, SDM Office, Preet Vihar, Delhi and filed the report regarding the legal heirs of deceased namely Sh. Mahesh Kumar, who expired on 23.04.2021. As per the report, the deceased left behind after his death two legal heirs namely (i) Smt. Geeta Devi (wife) and (ii) Sh. Pawan Kumar (son). Report of Ld. SDM, Preet Vihar, Delhi is Ex. RW1/1 and his ID proof is Ex. RW1/2 (OSR).
9. RW-2/ Mr. Bharat Raj Mittal, Branch Manager, SBI appeared on behalf of respondent No. 2 and filed the statement of account with respect to account no. 00000010152658632, having balance of Rs.78,864.73/- as in the name of Sh. Mahesh Kumar Rajput. The statement of account is Ex.RW2/A (colly). He also brought the statement of PPF account bearing No. 00000031737556696, having balance of Rs.2,55,616.56/- in the name of Sh. Mahesh Kumar. The statement of account is Ex.RW2/B (colly). Copy of his ID proof is Ex.RW-2/C(OSR).
10.During the course of final arguments, Ld. Counsel for the petitioners referred to the testimonies of the witnesses examined and submitted that the material on record was Digitally signed by CHARU CHARU ASIWAL Date:
ASIWAL 2026.02.05 14:43:48 +0530 SC No.41/24 Smt. Geeta Devi Vs. The State & Ors. pg. no. 4/6 sufficient to conclude that the petitioner is one of the surviving legal heirs of the deceased and that there is no impediment in grant of succession certificate in favour of petitioner No. 1/ Smt. Geeta Devi.
11.Heard. Record perused.
12.The testimonies of the witnesses examined prove that Sh. Mahesh Kumar @ Mahesh Kumar Rajput passed away on 23.04.2021. On such date, as per Section 8 of Hindu Succession Act, 1956 ('Act'), petitioner No. 1 (wife) & petitioner No. 2 (son) are the Class-I legal heirs as per the Schedule of the Act. Petitioner No. 2 being children of the deceased Sh. Mahesh Kumar @ Mahesh Kumar Rajput has already given his NOC in favour of the petitioner No. 1/ Smt. Geeta Devi. No one else has come forward to oppose this succession petition as well despite publication in newspaper.
13.In light of the aforesaid facts and circumstances and on the basis of the material placed on record, this Court is of the view that the present petition is liable to be favourably considered. Thus, the present petition qua the grant of succession certificate in respect of saving account no. 00000010152658632, having balance of Rs.78,864.73/- and PPF account bearing No. 00000031737556696, having balance of Rs.2,55,616.56/- both in the name of deceased Sh. Mahesh Kumar @ Mahesh Kumar Rajput. As per Digitally signed by CHARU CHARU ASIWAL ASIWAL Date:
2026.02.05 14:43:53 +0530 SC No.41/24 Smt. Geeta Devi Vs. The State & Ors. pg. no. 5/6 which the total amount of Rs.3,34,481.29/- stands allowed in favour of petitioner No. 1/ Smt. Geeta Devi.
14.Total value of above securities held by deceased turns out to be Rs.3,34,481.29/-. Accordingly, succession certificate be issued in favour of the petitioner No. 1/ Smt. Geeta Devi. Succession certificate be drawn on deposit of combined court fees of Rs.8,362.03/- (approx) in terms of Article 12 Schedule 1 of Court Fees Act, 1870 as applicable in Delhi.
15.File be consigned to Record Room after necessary compliance.
Announced in the open Court Digitally signed by CHARU CHARU ASIWAL ASIWAL Date:
2026.02.05 on 29.01.2026 14:43:57 +0530 (Charu Asiwal) ACJ/CCJ/ARC/Shahdara KKD Courts/Delhi 29.01.2026 SC No.41/24 Smt. Geeta Devi Vs. The State & Ors. pg. no. 6/6