Delhi District Court
Smt. Anupama Chopra vs State Of Nct Of Delhi on 20 October, 2020
IN THE COURT OF SH. AKASH JAIN, ACJ/CCJ/ARC(WEST)
TIS HAZARI COURTS, DELHI
SC No. 35-2020
Anupama Chopra V. State & Ors.
Smt. Anupama Chopra
W/o Sh. Sandeep Chopra
R/o 24 SFS Flats, Shakti Apartment
Behind Laxmi Bai College
Ashok Vihar, Phase-III
Delhi-110052
...Petitioner
Versus
1. State of NCT of Delhi
Through SDM
Rampura, Delhi-35
2. Smt. Dolly Sharma
W/o Sh. Parikshit Sharma
R/o 285/23, Onkar Nagar
Tri Nagar, Delhi-110035
3. Smt. Chetna Katyal
W/o Sh. Ashok Katyal
R/o 004, Maitri Apartments
Sector-9, Rohini, Delhi-110085
...Respondents
Date of Institution : 20.02.2020
Date of reserving Judgment : 17.10.2020
Date of decision : 20.10.2020
JUDGMENT
1. The present succession petition has been filed under Section 372 of Indian Succession Act, 1925 (hereinafter, referred to as 'the Act') by Smt. Anupama Chopra (hereinafter, referred to as 'the petitioner') daughter of Late Sh. R.N.Chadha @ Sh. Ravinder SC No. 35-2020 Smt. Anupama Chopra V. State & Ors. Page No. 1 of 5 Chadha (hereinafter, referred to as 'the deceased') for grant of succession certificate in respect of debts and securities of the deceased.
2. The petition was instituted on 20.02.2020. Notice of the petition was issued to the general public by way of publication which was served on 22.03.2020 through newspaper 'The Statesman'. None from the general public filed any objections.
3. Statement of petitioner/PW-1 was recorded on 17.10.2020, who deposed that she is the daughter of deceased Sh. R. N. Chadha @ Sh. Ravinder Chadha, who passed away on 15.04.2004 and her mother Late Smt. Indira Chadha, had already predeceased her father and died on 12.12.2001. She further deposed that deceased Sh. R. N. Chadha @ Sh. Ravinder Chadha had left behind herself, Smt. Dolly Sharma (respondent no. 2 herein) and Smt. Chetna Katyal (respondent no. 3 herein) as the only surviving Class-I legal heirs and that there is no other Class-I legal heir except as stated above. She also deposed that deceased Sh. R. N. Chadha @ Sh. Ravinder Chadha had not executed any Will during his life time.
Petitioner/PW-1 tendered her evidence by way of affidavit which is Ex. PW 1/A bearing her signatures at point A & B. She relied upon the following documents as under:-
1. Ex. PW 1/1 (OSR) :Photocopy of her aadhar card.
2. Ex. PW 1/2 (OSR) :Photocopy of PAN card.
3. Ex. PW 1/3 (OSR) :Photocopy of death certificate of Late Smt. Indira Chadha.
4. Ex. PW 1/4 (OSR) :Photocopy of death certificate of Late Sh. R. N. Chadha @ Sh.
Ravinder Chadha.
5. Ex. PW 1/5 :Email dated 08.11.2019 from the Registrar of Britannia Industries Ltd. i.e. SC No. 35-2020 Smt. Anupama Chopra V. State & Ors. Page No. 2 of 5 Karvy Fintech Pvt. Ltd.
6. Ex. PW 1/6 :Email dated 13.11.2019 from ITC Ltd.
7. Ex. PW 1/7 (OSR) :Letter dated 25.11.2019 from the Registrar of GMM Pfaudler Ltd. i.e. Link Intime India Pvt. Ltd.
8. Ex. PW 1/8 (OSR) :Letter dated 31.12.2019 from the Registrar of Raymond Ltd. i.e. Link Intime India Pvt. Ltd.
9. Ex. PW 1/9 (OSR) :Letter dated 31.12.2019 from the Registrar of Bharat Nidhi Litd. i.e. Skyline Financial Services Pvt. Ltd.
10. Ex. PW 1/10 (OSR) :Letter dated 01.01.2020 from the Registrar of Hindustan Unilever Ltd. i.e. karvy Fintech Pvt. Ltd.
11. Ex. PW 1/11 (OSR) :Letter dated 06.01.2020 from the Share Transfer Agent of WABCO India Ltd. i.e Sundaram-Clayton Ltd.
12. Ex. PW 1/12 :Email Dated 05.11.2019 from the Registar of Exide Industries Ltd. I.e C.B. Management Services (P) Ltd.
13. Ex. PW 1/13 (OSR) :Letter dated 06.01.2020 from Sundaram-Clayton Ltd.
14. Ex. PW 1/14 :Certificate under Section 65B of Indian Evidence Act, 1872 in respect of above said print out of Emails.
15. Ex. PW 1/15 (colly) :Affidavit of valuation of securities along with supporting documents.
She further relied upon the NOCs for grant of succession certificate to her, filed by respondent no. 2 Smt. Dolly Sharma and respondent no. 3 Smt. Chetna Katyal as Ex. PW 1/16 and Ex. PW 1/17 respectively. Petitioner closed her evidence on 17.10.2020.
SC No. 35-2020 Smt. Anupama Chopra V. State & Ors. Page No. 3 of 5
4. Final arguments were thereafter addressed. I have heard the arguments and perused the material on record carefully.
5. In Madhvi Amma Bhawani Amma & Ors. Vs. Kunjikutty Pillai Meenakshi, AIR 2000 SC 2301, 2000 (3) ALT 35 SC, 2001 (49) BLJR 813, it was held by Hon'ble Supreme Court as under:
"...The enquiry in proceedings for grant of succession certificate is to be summary, and the Court, without determining questions of law or fact, which seem to it to be too intricate and difficult for determination, should grant the certificate to the person who appears to have prima facie the best title thereto. In such cases the Court has not to determine definitely and finally as to who has the best right to the estate. All that it is required to do is to hold a summary enquiry into the right to the certificate, with a view, on the one hand, to facilitate the collection of debts due to the deceased and prevent their being time-barred, owing (for instance) to dispute between the heirs inter se as to their preferential right to succession, and, on the other hand, to afford protection to the debtors by appointing a representative of the deceased and authorising him to give a valid discharge for the debt. The grant of a certificate to a person does not give him an absolute right to the debt nor does it bar a regular suit for adjustment of the claims of the heirs inter se...".
6. By way of the evidence led, the petitioner has proved her averments and documents relied upon. No impediment Under Section 370 of Act has come to light which restricts the grant of certificate to the petitioner. Respondent no.2 and Respondent no.3 (daughters of deceased) gave their no objection for grant of succession certificate to the petitioner. Thus, the petitioner is entitled to the debts and securities of the deceased persons, as per Ex. PW-1/5 to Ex. PW- 1/15(colly) respectively.
7. The Court accordingly directs that succession certificate be issued in the name of petitioner Smt. Anupama Chopra in respect of debts and securities of the deceased, as per Ex. PW-1/5 to Ex. PW-1/15(colly)respectively.
SC No. 35-2020 Smt. Anupama Chopra V. State & Ors. Page No. 4 of 5
8. Court fees and indemnity bond with one surety be filed by the petitioner within 15 days.
9. File be consigned to the Record Room.
Digitally
signed by
AKASH AKASH JAIN
Date:
JAIN 2020.10.21
14:40:13
+0530
ANNOUNCED IN THE OPEN COURT (AKASH JAIN)
ON 20th October, 2020 ACJ/CCJ/ARC
(WEST)/THC/DELHI
This judgment 5 pages and signed by me and same is uploaded on the server after affixing digital signatures. The parties may access the same from the website.
Digitally signed AKASH by AKASH JAIN
Date:
JAIN 2020.10.21
14:40:22 +0530
(AKASH JAIN)
ACJ/CCJ/ARC
(WEST)/THC/DELHI
SC No. 35-2020 Smt. Anupama Chopra V. State & Ors. Page No. 5 of 5