Delhi District Court
Manmohan Singh vs The State [Sub Divisional Magistrate ... on 3 August, 2021
IN THE COURT OF MS. SNIGDHA SARVARIA
ACJ-cum-CCJ-cum-ARC, SHAHDARA
KARKARDOOMA COURTS, DELHI.
SC No. 7621/2016
Manmohan Singh
S/o Late Chhajju Ram
R/o 33, Aram Park,
Delhi-110051 ........Petitioner
Versus
1 The State [Sub Divisional Magistrate (East)]
L.M. Bandh Road,
Geeta Colony,
Delhi-32
2 Smt. Pushpa Devi
W/o Sh. Ravinder Singh
D/o Late Sh. Chhajju Ram,
R/o H. No. 137, Khichadipur, Delhi
3 UCO Bank
Branch : Krishna Nagar
C-6/1, Krishna Nagar, Delhi-110051 ......Respondents
PETITION FOR GRANT OF SUCCESSION CERTIFICATE UNDER SECTION
372 OF THE INDIAN SUCCESSION ACT, 1925
1. Date of Institution of Petition : 13.07.2015
2. Date of Judgment : 03.08.2021
3. Decision : Petition Allowed
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JUDGMENT
1. Vide this Judgment, this Court shall dispose-off petition filed by petitioner for grant of succession certificate in his favour in respect of debts and securities i.e. account no. 02400100006352 and Locker No. 30A with UCO Bank (respondent no. 3), existing in the name of deceased late Smt. Subhadra Kumari.
2. In the petition, it is inter-alia pleaded that petitioner is the son and respondent no. 2 is the daughter of deceased late Smt. Subhadra Kumari, who expired on 21.04.2015; that apart from petitioner and respondent no. 2, there is no surviving legal heir of the deceased; that the deceased late Smt. Subhadra Kumari 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. The record of Court file reflects that the notice of this petition was given to the general public by way of publication in the newspaper 'Mahamedha' on 04.10.2015. In response to the notice, no person from the general public had come forward to offer any objection(s) qua grant of succession certificate to the petitioner.
4. Respondent no. 2 Ms. Pushpa Devi (daughter of deceased) was served on 07.01.2016, however, despite service, she did not appear before the Court and was proceeded ex-parte vide order dated 19.03.2019 passed by my Ld. Predecessor.
5. The petitioner vide his statement dated 29.05.2019 had withdrawn his petition qua locker in question and therefore, present petition survived only qua account maintained with the bank by the deceased Smt. Subhadra Kumari. Thus, prayer for grant of succession certificate qua aforesaid Locker no. 30A with UCO Bank (respondent no. 3) of late Smt. Subhadra Kumari is dismissed as withdrawn.
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6. During the summary proceedings conducted as per Section 373 of the Indian Succession Act, 1925, three persons were examined; PW-1 is petitioner Sh. Manmohan Singh, RW-1 is Sh. Mukesh Sharma, KGO, Field Inspector on behalf of SDM Preet Vihar, Delhi and RW-2 is Sh. R.K. Soni, Special Assistant, UCO Bank, Branch Krishna Nagar, Delhi.
7. Petitioner/PW-1 Sh. Manmohan Singh filed his affidavit in evidence, which is Ex.PW1/1, wherein he reiterated the contents of his petition and relied upon documents i.e. death certificate of late Smt. Subhadra Kumari Ex.PW1/A, receipt of shamshan bhumi Ex.PW1/B (OSR), death certificate of late Sh. Chhajju Ram Ex.PW1/C, copy of passbook of UCO Bank of late Smt. Subhadra Kumari Ex.PW1/D (OSR) and copy of his voter ID card Mark PW1/E.
8. RW-1 Sh. Mukesh Sharma filed report regarding legal heirs of deceased late Smt. Subhadra Kumari (mother of petitioner) R/o H. no. 33, Aram Park, Delhi-110051, who expired on 21.04.2015, according to which she has left behind after her death two legal heirs namely Sh. Manmohan Singh (son) and Smt. Pushpa Devi (daughter). Reply of the Executive Magistrate (Preet Vihar) Shahdara, Delhi is Ex.RW1/1 and his ID proof is Ex.RW1/2 (OSR).
9. RW-2 Sh. R.K. Soni, Special Assistant who appeared on behalf of UCO Bank, respondent no. 3 deposed that as per record maintained in the bank, late Smt. Subhadra Kumari has left behind one savings bank account bearing no. 02400100006352, having credit balance of Rs.52,790.84/-. His ID card is Ex.RW2/A and the statement of account of savings bank account bearing his signatures at point X is Ex.RW2/B.
10. I have heard Ld. Counsel for the petitioner and he referred to the testimonies of PW-1 Sh. Manmohan Singh, RW-1 Sh. Mukesh Sharma and RW-2 Sh. R.K. Soni and SC No. 7621/2016 Manmohan Singh Vs. State & Ors. 3 of 5 submitted that material on record is sufficient to conclude that petitioner is the only surviving legal heir of deceased late Smt. Subhadra Kumari; that testimony of RW-2 Sh. R.K. Soni and documents filed by him establish that late Smt. Subhadra Kumari has left behind one savings bank account bearing no. 02400100006352, having credit balance of Rs.52,790.84/- with respondent no. 3 and there is no impediment in grant of succession certificate in favour of petitioner. Ld. Counsel for petitioner submits that on the combined strength of aforesaid submissions, petitioner is entitled to grant of succession certificate with respect to aforesaid savings bank account bearing no. 02400100006352, existing in the name of deceased late Smt. Subhadra Kumari.
11. I have heard the submissions made by Ld. Counsel for the petitioner through VC, perused the record and have gone through the relevant provisions of law.
12. The testimonies of petitioner/PW-1, RW-1 and RW-2, prove that petitioner is the known surviving legal heirs of deceased late Smt. Subhadra Kumari. The testimony of RW-2 Sh. R.K. Soni and documents filed by him proves that one savings bank account bearing no. 02400100006352, having credit balance of Rs.52,790.84/-, is in the name of late Smt. Subhadra Kumari. No one else has come forward to oppose succession petition despite publication in newspaper. Further, respondent no. 2 Smt. Pushpa Devi (daughter of deceased) did not appear before the court despite service and was proceeded ex-parte.
13. In view of aforesaid, clearly the petitioner, prima facie, has best title for and there exists no impediment in grant of succession certificate in favour of petitioner. Therefore, in the facts and circumstances and material placed on record, present petition qua the grant of succession certificate in respect of the aforesaid savings bank account of the deceased, is hereby allowed. Accordingly, succession certificate be issued in favour of petitioner with respect to the savings bank account bearing no. 02400100006352, having credit balance of Rs.52,790.84/- with UCO Bank, respondent SC No. 7621/2016 Manmohan Singh Vs. State & Ors. 4 of 5 no. 3, upon filing of requisite court fees and indemnity bond by the petitioner, with one surety.
14. The succession certificate shall be considered only as an entitlement of the petitioner to receive the amount of aforesaid savings bank account. The succession certificate shall not be considered direction as such to the UCO Bank, respondent no. 3, to release the amount to the petitioner and the Bank shall be competent to seek compliance of formalities, if any, to be fulfilled by the petitioner for release of the amount, as per rules. File be consigned to record room after due compliance.
Digitally signed by SNIGDHA SNIGDHA SARVARIA
SARVARIA Date: 2021.08.03
Announced through VC on 15:19:24 +0530
03.08.2021 (SNIGDHA SARVARIA)
ACJ-CCJ-ARC/Shahdara,
KKD/Delhi
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