Delhi District Court
Anil Kumar vs State on 20 December, 2025
IN THE COURT OF SH. ANIMESH BHASKAR MANI
TRIPATHI
ACJ-CUM-ARC-CUM-CCJ,
NORTH EAST DISTRICT: KARKARDOOMA COURTS,
DELHI
DLNE030008242025
SC No. 46/2025
Sh. Anil Kumar
S/o Lt. Sh. Basu Dev @ Basu Deo
R/o H. No. C-6/213,
Yamuna Vihar, North- East,
Delhi - 110053. .............Petitioner
Versus
1. State of NCT of Delhi
Through Concerned SDM
G-Block, Nand Nagari Authority,
Delhi- 110093.
2. Geeta Rani
D/o Lt. Sh.Basu Dev @ Basu Deo
W/o Sh. Ajay Kumar
R/o H.No. 20/10, Pant Nagar,
Jangpura Extn. New Delhi
South Delhi, Delhi - 110014.
3. Shashi Bala
W/o Dilshad Saifi
D/o Lt. Sh.Basu Dev @ Basu Deo
SC No. 46/2025 Anil Kumar Vs. State Page No. 1 of 6
Digitally
signed by
ANIMESH
ANIMESH BHASKAR
BHASKAR MANI
MANI TRIPATHI
Date:
TRIPATHI 2025.12.20
16:06:23
+0530
W/o Sh. Yashwant Kumar
R/o C-4/14, Ground Floor,
Yamuna Vihar, North-East,
Delhi- 110053.
4. Sunil Kumar
S/o Lt. Sh. Basu Dev @ Basu Deo
R/o H. No. C-6/213,
Yamuna Vihar, North- East,
Delhi - 110053.
5. Post Office
Sub Post Master
Yamuna Vihar Post Office
Delhi - 110053. .............Respondents
Date of institution of the petition : 04.11.2025
Date on which judgment was reserved : 20.12.2025
Date of pronouncement of judgment : 20.12.2025
Decision : Allowed
PETITION FOR GRANT OF SUCCESSION
CERTIFICATE UNDER SECTION 372 OF THE INDIAN
SUCCESSION ACT.
JUDGMENT
1. The present petition has been filed by the petitioner for issuance of succession certificate with respect to debts and securities of deceased Smt. Kanti Devi, who had expired intestate on 22.04.2024. The State of NCT of Delhi, Geeta Rani, Shashi Bala, Sunil Kumar and Post Office are made respondents in this case.
SC No. 46/2025 Anil Kumar Vs. State Page No. 2 of 6
Digitally
signed by
ANIMESH
ANIMESH BHASKAR
BHASKAR MANI
TRIPATHI
MANI
Date:
TRIPATHI 2025.12.20
16:06:37
+0530
2. The present petition has been filed with respect to Joint Account bearing no. 1197266248 in the name of deceased Smt. Kanti Devi & her husband Lt. Sh. Basu Dev @ Basu Deo.
3. Service of notice of this petition was also effected upon general public through publication in newspapers i.e. 'The Statesman', dated 15.11.2025 & 'Virat Vaibhav' dated 15.11.2025. Till date, no objection for grant of certificate in favour of petitioner has been received from general public.
4. Accordingly, an enquiry was conducted and in the enquiry, verification report Ex. RW1/A (colly. 15 pages) was filed on behalf of respondent no. 1 (examined as RW1) i.e. SDM, Yamuna Vihar, Delhi regarding the LRs of deceased Smt Kanti Devi. As per the report, deceased left following surviving legal heirs:
i. Anil Kumar Son of deceased
ii. Sunil Kumar Son of deceased
iii. Shashi Bala Daughter of deceased
iv. Geeta Rani Daughter of deceased
5. Respondent no. 5, Sh. Pramod Kumar Sharma, Sub Post Master, was examined as RW-2. He brought the report from his branch with respect to Joint a/c no. 1197266248 in the name of deceased Smt. Kanti Devi and her husband Lt. Sh. Basu Dev @ Basu Deo. He deposed that as per the report, an amount of Rs.
SC No. 46/2025 Anil Kumar Vs. State Page No. 3 of 6
Digitally signed
ANIMESH by ANIMESH
BHASKAR
BHASKAR MANI
TRIPATHI
MANI Date:
TRIPATHI 2025.12.20
16:06:45 +0530
13,96,284/- alongwith interest, is payable to deceased. The said report to this effect is Ex. RW2/A(Colly. 03 pages). He deposed that there is no nominee in the said account. He deposed that the Post Office has no objection if succession certificate in respect of aforesaid amount is granted in favour of petitioner. The Post Office reserves its right to verify that all the conditions for early death benefits are fulfilled and then the Post Office would release the amount as per succession certificate.
6. Respondent no. 2, Ms. Geeta Rani (examined as RW3), respondent no. 3, Ms. Shashi Bala (examined as RW4), respondent no. 4, Sh. Sunil Kumar (examined as RW5), have given their statement regarding their no objection if the succession certificate is issued in favour of the petitioner.
7. Petitioner examined himself as PW1 and he relied upon the following documents to show his entitlement i.e. a. Copy of death certificate of deceased Smt. Kanti Devi Ex. PW1/A. b. Copy of death certificate of husband of the deceased is Mark 'A'.
c. Publication reports are Ex. PW1/B & Ex.PW1/C. d. Necessary report from SDM concerned Ex. RW1/A (Colly. 15 pages).
e. The report received from concerned Post Office Ex.
RW2/A(Colly. 03 pages).
f. Copy of Aadhar Card of Petitioner Ex. PW1/D SC No. 46/2025 Anil Kumar Vs. State Page No. 4 of 6 Digitally signed by ANIMESH ANIMESH BHASKAR BHASKAR MANI TRIPATHI MANI Date:
TRIPATHI 2025.12.20 16:06:55 +0530 (OSR).
8. That vide separate statement of the petitioner dt. 06.12.2025, petitioners' evidence was closed.
9. I have heard Ld. counsel for the petitioner. Case file perused.
10. A certificate can be granted to an applicant if it is found that the rights in the securities belong to the applicant. As per Section 373(3), even if the Court is not able to decide the right to certificate without determining the question of law or fact which seem to be too intricate and difficult for determination in a summary proceeding, the certificate may nevertheless be granted to the applicant if he / she appears to be the person having prima- facia the best title therein.
11. Thus, from the averments made in the petition, report of SDM concerned Ex. RW1/A (Colly. 15 pages) and report received from concerned Post Office Ex. RW2/A(Colly. 03 pages) with respect to debts and securities of deceased in the present petition, I find that there is no legal embargo for issuance of succession certificate in favour of petitioner, who is a Class -1 legal heir of the deceased Smt. Kanti Devi with respect to Joint a/c no. 1197266248 in the name of deceased Smt. Kanti Devi and her husband Lt. Sh. Basu Dev @ Basu Deo, for an amount of Rs. 13,96,284/- alongwith interest, is payable to deceased.
SC No. 46/2025 Anil Kumar Vs. State Page No. 5 of 6
Digitally
signed by
ANIMESH
ANIMESH BHASKAR
BHASKAR MANI
TRIPATHI
MANI
Date:
TRIPATHI 2025.12.20
16:07:05
+0530
12. Accordingly, petition is allowed and succession certificate be issued in favour of petitioner, for an amount of Rs. 13,96,284/-(Thirteen Lakh Ninety Six Thousand Two Hundred Eighty Four), payable to deceased Smt. Kanti Devi, along with interest or any other amount as may be enhanced or reduced till date, on filing of requisite Court Fees in terms of Article 12, Schedule I of the Court Fee Act 1870 as applicable to Delhi along with indemnity bond with one surety in the like amount.
13. File be consigned to Record Room after due ANIMESH Digitally signed compliance. by ANIMESH BHASKAR BHASKAR MANI TRIPATHI MANI Date: 2025.12.20 TRIPATHI 16:07:14 +0530 Announced in the open court (Animesh Bhaskar Mani Tripathi) on 20th December, 2025 ACJ-cum-ARC-cum-CCJ North-East District, KKD, Delhi/20.12.2025 SC No. 46/2025 Anil Kumar Vs. State Page No. 6 of 6