Delhi District Court
Sh. Hemant Kumar Dhasmana vs State (Govt. Of Nct Delhi) Through on 18 January, 2023
_______________________________________________________________
IN THE COURT OF MS NIHARIKA KUMAR SHARMA,
ACJ-CUM-CCJ-CUM-ARC : NORTH: ROHINI COURT, DELHI
SCC No. 44/22
1. Sh. Hemant Kumar Dhasmana,
S/o G. C. Dhasmana,
R/o E-5/14, Second Floor,
Sector-16, Rohini, North west,
Delhi - 110 089
2. Master Saatvik Dhasmana
through us father and natural guardian
R/o E-5/14, Second Floor,
Sector-16, Rohini, North west,
Delhi - 110 089
.........Petitioners
Versus
1. State (Govt. of NCT Delhi) through
Sub Division Magistrate (SDM),
Sarawati Vihar, North west District
Office at Old Middle School Building,
Lawrence Road, Rampura,
Delhi - 110 035.
2. State Bank of India
through Branch Manager (SBI),
State Bank of India,
Keshav Puram Branch,
C-7, Central Market, First Floor,
Keshav Puram, Delhi - 110 035
3. Delhi Development Authority
through Dr. Director (Janta) H
Second Floor, Vikas Sadan,
New Delhi - 110 023
4. The Sub Registrar,
Sub Distt. No. VI-A,
Pitamppura Ambedkar Bhawan,
Sector-16, near G3S Cinema,
New Delhi - 110 085
..........Respondents
JUDGMENT
1. The present petition has been filed u/s 372 Indian Succession Act, 1925 for grant of succession certificate in respect of the "debts and securities"
of Late Smt. Renu Sharma, lying in Public Provident Fund Account) CIF No. 80411777337 Account No. 10525780557 in State Bank of India Branch Keshav Puram, Delhi - 110 035 as well as other consequences relief as per law in the name of Late Smt. Renu Sharma (hereinafter referred to as "deceased").
2. In the petition it is stated that the petitioners no. 1 and 2 are the legal heirs of the deceased. Death certificate of late Smt. Renu Sharma is exhibited as Ex.PW1/13 (OSR).
3. General public was also informed by way of publication in a newspaper namely "Veer Arjun" dated 21.05.2022. However, despite publication, no one from general public has come forward to file objections to the issuance of succession certificate in favour of the petitioner.
4. Notice was issued to SDM concerned to file the verification report as to the LRs of the deceased. LR report has been filed on behalf of the SDM, Alipur, Delhi which is exhibited as Ex. RW1/1. As per LR report sent by the SDM, the deceased had left behind two legal heirs namely Sh. Hemant Kumar Dhasmana (husband), and Master Saatvik Dhasmana (son) and they are class - I legal heirs of the deceased.
5. In support of his petition, the petitioner has tendered his evidence by way of affidavit as Ex.PW1/A. He relied upon the following documents:
Exhibit Nos.
S.No. Description of documents
Copy of Surviving Membership Ex. PW1/A (OSR)
1.
Certificate
Copy of death certificate of Smt. Renu Ex. PW1/B (OSR)
2.
Sharma
Ex. PW1/C(OSR)
3. Copy of Pan Card of Sh. Hemant Kumar
Copy of Adhar card of Master Saatvik Ex. PW1/D
4.
Dhasmana (OSR)
Copy of Aadhar card of Sh. Hemant Ex. PW1/E (OSR)
5.
Kumar Dhasmana.
Copy of bank passbook of Ms. Renu Ex. PW1/F to I (OSR)
6.
Sharma.
6. Statement of Sh. Madan Lal Meena, Head Cashier, State Bank of India, Keshav Puram, Delhi - 110 035 is recorded as RW2. The details of the statement of account no. 10525780557 as on 02.08.2022 maintained in the name of Renu Sharma Ex.RW2/1 are mentioned below:-
Saving Account No. Amount (in Rs.)
10525780557 Rs.15,44,294.17
7. Petitioners no. 1 and 2 are entitled for the succession certificate for the "debts and securities" of Late Smt. Renu Sharma, lying with State Bank of India having Saving Account no. 10525780557, Branch Keshav Puram, Delhi - 110 035 as well as other consequences relief as per law in the name of Late Smt. Kanta, as per law along with interest, if any.
8. The total amount lying in Saving Account No. 10525780557 in the name of deceased is Rs.15,44,294.17. 50% of the total amount be kept in the form of FD in the name of P2 Master Saatvik Dhasmana S/o Sh. Hemant Kumar Dhasmana and the same be kept till the age of 18 years of P2.
Petitioner no. 1 is directed to file Court fee at the rate of 2.5% for the whole amount in terms of Article 12 Schedule 1 of the Court Fees Act, 1870 as applicable to Delhi and an indemnity bond with one surety of the like amount.
File be consigned to Record-Room after due compliance.
Announced in the open court on 18.01.2023 (NIHARIKA KUMAR SHARMA ) ACJ-CUM-CCJ-CUM-ARC (NORTH) ROHINI COURT, DELHI