Delhi District Court
Smt. Manorma Devi vs The State (Govt Of Nct Of Delhi) on 2 March, 2023
IN THE COURT OF SH. MAYANK MITTAL,
ACJ-CCJ-ARC(EAST), KARKARDOOMA COURTS,
DELHI
Petition No.: SC- 68/19
IN THE MATTER OF:
Smt. Manorma Devi
W/o Late Sh. Managar Yadav,
R/o A-1208, Ist floor, G.D Colony,
Mayur Vihar, Phase-3, Delhi-96 ... Petitioner
VERSUS
1. The State (Govt of NCT of Delhi)
Through Sub-Divisional Magistrate,
Mayur Vihar, East Delhi
2. Alankit Assignments Ltd
Office at: 1E/13, Ground floor,
Jhandewalan Extn.,
New Delhi-110055
3. Sh. Rajesh Kumar Yadav
S/o Late Sh. Manager Yadav,
4. Sh. Rakesh Kumar Yadav
S/o Late Sh. Manager Yadav,
5. Sh. Mukesh Yadav
S/o Late Sh. Manager Yadav,
5. Sh. Kamal Yadav
S/o Late Sh. Manager Yadav,
All R/o of Khora Colony,
Ghaziabad, U.P. ..Respondents
SC 68/19
Page No. 1/4
DATE OF INSTITUTION : 15.07.2019
DATE OF RESERVING THE ORDER : 02.03.2023
DATE OF DECISION : 02.03.2023
PETITION U/S 372 OF INDIAN SUCCESSION ACT
JUDGMENT
1. The present petition has been filed under section 372 of the Indian Succession Act, 1925 by Smt. Manorma Devi (hereinafter called petitioner) for a Succession Certificate in respect of shares maintained with Alankit Assignments Limited, Alankit House, 4E/2, Jhandewalan Extension, New Delhi-110055 existing in the name of her deceased husband Sh. Managar Yadav who is stated to be expired on 20.11.2007 in Bihar.
2. The petitioner is governed by Hindu Law.
3. The Notice of the present petition was given to the State by way of publication for the knowledge and awareness of general public in the newspaper 'Veer Arjun'. However, nobody from the general public has filed any objection to the present petition.
4. The official from Alankit Assignments Limited, Alankit House, 4E/2, Jhandewalan Extension, New Delhi-110055 was also examined as RW-5.
5. To prove her case, the petitioner examined herself as PW1. It is seen that the petitioner proved the death of her deceased husband by producing copy of his death certificate is Mark A. The copy of identity proof i.e Aadhar Card is Ex PW-1/1.
Official from the office of SDM Office, Mayur Vihar who has already filed report of surviving member certificate.
SC 68/19 Page No. 2/4
6. RW-5 Sh. Jyoti Kumar Manglam, Alankit Assignments Limited, Alankit House, 4E/2, Jhandelwalan Extension, New Delhi-110055 and has filed a statement pertaining to the shares of deceased Late Sh. Managar Yadav. The reply shows that a amount of Rs. 14,86,886.54/- is lying in the said account bearing client ID no. 10696613 existing in the name of Late Sh. Managar Yadav. The same is Ex RW-5/B (colly 5 pages).
7. Further respondent no. 3 to 6, the other class-I legal heirs of the deceased also gave their no objection with respect to the grant of succession certificate in favour of the petitioner.
8. Based on the deposition of PW1, no objection given by respondent no. 3 to 6 and supported by the documents relating to the shares existing in the name of deceased, there is no reason for the court to doubt that the petitioner is entitled to the issuance of a Succession Certificate qua the balance amount.
9. Since the last place of residence of the deceased namely Late Sh. Managar Yadav is reflected to be within the territorial jurisdiction of this court, there is no bar to the grant of relief on the ground of jurisdiction.
10. The court finds no impediment to the grant of Succession Certificate to the petitioner.
11. Thus, the present petition is allowed and succession certificate is ordered to be issued in favour of the petitioner with respect to the amount of Rs. 14,86,886.54/- lying in shares bearing client ID no. 10696613 maintained with Alankit Assignments Limited, Alankit House, 4E/2, Jhandelwalan Extension, New Delhi-110055 and any future interest as may accrue and existing in the name of her deceased husband Late Sh. Managar Yadav. SC 68/19 Page No. 3/4
12. Let requisite court fee and an indemnity bond with one surety of like amount be furnished within 15 days.
13. File be consigned to Record Room.
Announced in open Court MAYANK MITTAL
Delhi Dated 02.03.2023 ACJ-CCJ-ARC(EAST)
KKD Courts/Delhi
SC 68/19
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