Delhi District Court
Sh. Balwant Singh S/O Late Dipa vs The State on 9 July, 2018
IN THE COURT OF DHEERAJ MOR: ACJcumCCJcumARC
(SOUTHWEST): DWARKA COURTS: NEW DELHI.
SC90/17
DLSW030017512017
Sh. Balwant Singh S/o late Dipa
R/o E24, Bhagwati Garden Extn.,
Uttam Nagar, New Delhi110059
.............Petitioner
vs.
1.The State
(Through Secretary/ The Commodore,
Naval HeadQuarters, Ministry
of Defence, Govt. of India, New Delhi110001).
2. The CDA, (Navy) Bombay
Through DPDO, Bureau of Sailors,
RedFort Delhi1 Station, Delhi110006.
3. The State Bank of India,
Trilok Puri Branch, Delhi110091.
(With CIF No.80064455244
& A/cs No.10082205088 of deceasedDipa
S/o late Sh. Maya Ram)
4. Sh. Subhash S/o late Deepa
R/o H.no. B365, Hari Enclave (PhaseII),
Kirari Suleman Nagar, Delhi110086.
5.Smt. Saroj W/o Sh. Subhash
R/o H.no. B365, Hari Enclave (PhaseII),
Kirari Suleman Nagar, Delhi110086.
6. Ms. Preeti @ Monu
D/o Sh. Subhash
R/o H.no. B365, Hari Enclave (PhaseII),
Kirari Suleman Nagar, Delhi110086.
7. Sh. Jagdish Singh S/o late Dipa
R/o E24, Bhagwati Garden Extn.,
Uttam Nagar, New Delhi110059.
Page no.1 of 7 Balwant Singh vs. The State & ors.
SC90/17
8. Smt. Mahinder Kumari
W/o Sh. Dharampal Vaid
& D/o late Deepa
R/o Village Kalwa, District Jind, (Haryana).
..........Respondents
Petition U/s 372 of Indian Succession Act for grant of
Succession Certificate in respect of debts and securities of
deceased Dipa.
Date of Institution : 26.09.17
Date of Reserving Judgment : 09.07.18
Date of Judgment : 09.07.18
JUDGMENT:
1. The present petition has been filed for grant of Succession certificate U/s 372 of Indian Succession Act, 1925 (herein after referred to as the Act), in respect of debts and securities of the deceased Dipa.
2. The State, The CDA (Navy) Bombay, through DPDO, Bureau of Sailors, RedFort Delhi1 Station, Delhi, The State Bank of India, Trilok Puri Branch, Delhi, Subhash, Saroj, Preeti, Jagdish Singh and Smt. Mahinder Kumari, have been impleaded as respondents. PETITION:
3. It has been averred by the petitioner that Sh. Dipa died on 15.07.17 at Delhi. It is further averred that Smt. Dhanno Devi, (wife of the deceased) predeceased him on 12.08.1992. It is further averred that deceased was survived by four class 1 legal heirs i.e petitioner Balwant Singh, respondent no.4 Subhash, respondent no.7 Jagdish Singh (all sons of deceased) and respondent no.8 Mahinder Kumari (daughter of the deceased). Respondent no.5 Smt. Saroj and respondent no.6 Ms. Preeti are the wife and daughter Page no.2 of 7 Balwant Singh vs. The State & ors. SC90/17 respectively, of respondent no.4 Subhash. It is further averred that deceased executed a Will/ testament dated 12.07.17 in favour of the petitioner.
4. Notice of the petition was issued and ordered to be published in newspaper and accordingly publication was done in newspaper titled as "Veer Arjun" dated 01.11.17, but none appeared on behalf of public at large, to raise any objection for grant of succession certificate in favour of petitioner. EVIDENCE:
5. In petitioner evidence, three witnesses have been examined.
5.1. PW1 is Petitioner Balwant Singh. He has proved the death certificates of his father and mother as ExPW1/B and Ex.PW1/E(OSR) respectively. He has deposed that his grandmother Smt. Mam Kaur had expired in the year 1981. He has deposed that his deceased father executed a Will dated 12.07.17 in his favour, copy of the same is Ex.PW1/D(OSR)(three pages). He has further deposed that besides himself, respondent nos.4 to 8 are the class1 legal heir/ survivors of the deceased. He has further deposed that respondent nos. 4 to 6 & 8 have given their no objections in his favour for grant of succession certificate in respect of debts and securities of deceased as mentioned in the present petition. He has placed on record copy of his driving licence for his residential proof, same is Ex.PW1/C (OSR). He has further deposed that respondent no.7/ Jagdish Singh/ his brother is suffering from unsoundness of mind.
5.2. PW2 Ms. Swati Mishra is an attesting witness of the Will of the deceased. She has proved her signatures at point B on Page no.3 of 7 Balwant Singh vs. The State & ors. SC90/17 Ex.PW1/D. She has deposed that Sh. Dipa signed his Will in her presence and she signed on the Will on the instructions of Sh. Dipa, who was in fit mental state.
5.3. PW3 Sh. Kunwar Pal Singh, is another attesting witness of Will Ex.PW1/D(OSR). He has also deposed on the similar lines as that of PW2. He has also identified his signature and the signatures of Sh. Dipa at point A and C & D respectively on the said Will. Thereafter, Petitioner Evidence was closed.
6. Further, in respondent evidence, five witnesses have been examined.
6.1. RW1 is Sh. Praveen Kumar, Assistant Manager, State Bank of India, Trilok Puri Branch, Delhi. He has proved the statement of account bearing no. 10082205088 in the name of Mr. Deepa reflecting balance amount of Rs. 87,031.94 as on 31.12.2017 and the same is Ex.RW1/A ( Colly.)(eight pages).
6.2. RW2 Subhash, RW3 Saroj, RW4 Smt. Mahinder Kumari and RW5 Preeti gave their no objections for grant of succession certificate in favour of petitioner regarding debts and securities of deceased vide their separate statements. ARGUMENTS, APPREICIATION OF EVIDENC & REASONS:
7. I have heard the arguments and perused the material on record carefully.
8. 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 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 Page no.4 of 7 Balwant Singh vs. The State & ors.
SC90/17 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 timebarred, 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".
9. From the oral and documentary evidence on record, my findings are as under: 9.1. The deceased was the resident of Uttam Nagar, Dwarka, Delhi, which is reflected from his death certificate proved as Ex.PW1/B. It falls within the jurisdiction of this court. Wife of the deceased, Smt. Dhanno Devi, predeceased him on 12.08.1992 which is reflected from her death certificate proved as Ex.PW1/E(OSR).
9.2. The deceased expired on 15.07.17 leaving behind four surviving class 1 legal heirs i.e petitioner, respondent no.4, respondent no.7 and respondent no.8. Respondent no.4 & 8 have given their no objections in favour of petitioner in respect of debts and securities of deceased as mentioned in the present petition. Further, the deceased had executed a Will dated 12.07.2017 Ex.PW1/D (OSR). The petitioner has examined both the attesting witnesses of the said Will. In order to prove a Will, the petitioner, who is propounder of the impugned Will, has to pass the litmus test of Section 63 Indian Succession Act, 1925 and it is required to be proved in accordance with Section 68 to Section 71 of Evidence Act, 1872. They have proved the said Will in accordance with the said Page no.5 of 7 Balwant Singh vs. The State & ors. SC90/17 law. Thus, it is established that the deceased executed a Will Ex.PW1/D (OSR) and therefore, his estate shall devolve upon his successors in accordance with the said Will. As per said Will, the testator has bequeathed his debts and securities in favour of the petitioner only.
DEBTS & SECURITIES: 9.3. The deceased died leaving behind the following debts and securities:
(i).Rs. 87,031.94 in his account bearing no. 10082205088 maintained with State Bank of India, Trilok Puri Branch, Delhi.
Therefore, the total value of the securities held by the deceased for which succession certificate has been applied for, turns out to be Rs. 87,031.94.
9.4. The aforesaid claim of the petitioner has gone unrebutted and nobody has appeared on behalf of the public to contest the claim of the petitioner. There is also no impediment U/s 370 of the Act to grant Succession Certificate with respect to debts and securities as mentioned in the petition. CONCLUSION:
10. In view of the aforesaid observations, this court holds that petitioner Balwant Singh is entitled for grant of Succession Certificate U/s 373 of the Act in respect of the aforementioned securities having total value of Rs. 87,031.94 (Rupees Eighty Seven Thousand Thirty One and Ninety Four paisa only) alongwith interest if any, accrued thereupon.
11. Accordingly, succession certificate be issued to the petitioner Balwant Singh on filing of corresponding court fees in terms of Article 12 Schedule I of Court Fees Act, 1870 as applicable Page no.6 of 7 Balwant Singh vs. The State & ors. SC90/17 in Delhi and Indemnitycumsurety bond of the like amount, within 30 days from today. Petition is accordingly, disposed of.
File be consigned to record room, after due diligence.
Announced in the open court (Dheeraj Mor) today i.e on 09.07.18 ACJ/CCJ/ARC:South West District Dwarka Courts: New Delhi.
Digitally
signed by
DHEERAJ MOR
DHEERAJ Date:
MOR 2018.07.09
15:36:37
+0530
Page no.7 of 7 Balwant Singh vs. The State & ors.
SC90/17
SC90/17
DLSW030017512017
Balwant Singh vs. State
09.07.18
Present: Sh. Jate Ram, ld. Counsel for the petitioner alongwith
petitioner/PW1 alongwith witnesses Kunwar Pal Singh and Swati Mishra.
None for the respondents.
PW1 Balwant Singh is further examined and discharged. PW2 Swati Mishra and PW3 Kunwar Pal Singh are examined and discharged.
At request, petitioner as well as respondent evidence are closed.
Heard. The case file is carefully perused. By virtue of separate Judgment of even date announced in the open court, succession certificate be issued to petitioner Balwant Singh in respect of debts and securities of deceased Dipa , having total value of Rs. 87,031.94 (Rupees Eighty Seven Thousand Thirty One and Ninety Four paisa only) alongwith interest if any, accrued thereupon, as detailed in the judgment, on filing of corresponding court fees in terms of Article 12 Schedule I of Court Fees Act, 1870 as applicable in Delhi and Indemnitycumsurety bond of the like amount, within 30 days from today.
File be consigned to record room, after due compliance.
(Dheeraj Mor) ACJCCJARC (SW) Dwarka Courts: 09.07.18 Page no.8 of 7 Balwant Singh vs. The State & ors. SC90/17