Delhi District Court
Aman Deep Singh vs State Nct Of Delhi And Ors on 28 August, 2024
Aman Deep Singh v. The State & Ors.
SC No. 62/2023
IN THE COURT OF SH. PARAS DALAL
ACJ-cum-CCJ-cum-ARC, SOUTH
SAKET COURTS, DELHI
SC No. 62/2023
CNR No.DLST03-001001-2023
1. Aman Deep Singh
S/o Sh. Surjeet Singh Banga
R/o H-13/6, 3rd Floor,
Malviya Nagar, New Delhi-110017
Also at:
R/o 37 Taplow Road, Taplow,
Maidenhead, SL60JN, UK,
Through AR
Ashish Kumar Rawat
........Petitioner
Versus
1. The State (Govt of NCT of Delhi)
2. Mr. Gurdeep Singh,
S/o Sh. Surjeet Singh Banga
R/o 7 Carnarvon Road,
Reading RG1 5SB, UK.
3. Branch Manager
Canara Bank
D-84, Malviya Nagar,
New Delhi- 110017
4. Branch Manager
Unity Small Finance Bank
(now known as PMC Bank)
80/20, I Block, Gurudwara Road,
Malviya Nagar, New Delhi-110017
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Aman Deep Singh v. The State & Ors.
SC No. 62/2023
5. Branch Manager
Kotak Mahindra Bank
H-16/6, 2nd Floor,
Malviya Nagar,
New Delhi- 110017
6. Branch Manager
HDFC Bank Ltd
C-32, Malviya Nagar,
New Delhi- 110017
Also at :
HDFC Securities
14, Khel Gao Marg,
Opp. Niti Bagh, Anand Lok,
Shri Fort, New Delhi-110049
7. Branch Manager
PNB
D-80, Guru Gobind Singh Marg,
DDA Flat, Malviya Nagar,
New Delhi-110017
Also at:
PNB Principal Mutual Fund
Reg. Office
305 New Delhi House,
27 Barakhamba Road,
Delhi-110001
........Respondents
PETITION FOR GRANT OF SUCCESSION CERTIFICATE
UNDER SECTION 372 OF THE INDIAN SUCCESSION ACT,
1925
1. Date of Institution of Petition : 24.05.2023
2. Date of Judgment : 28.08.2024
3. Decision : Petition Allowed
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JUDGMENT
1. Vide this judgment, this Court shall dispose off the petition filed by petitioner for grant of succession certificate qua debts and securities of deceased late Surjeet Singh Banga.
2. In the petition, it is inter-alia pleaded that petitioner and respondent no.2 are the sons of Surjeet Singh Banga who expired on 04.04.2021: apart from petitioner and respondent no.2, there is no other surviving legal heir of the deceased; the deceased 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. Perusal of the record reflects that notice of this petition was given to the general public by way of publication in the newspaper 'The Statesman' on 25.07.2023. In response to the notice, no person from the general public came forward to offer any objection qua grant of succession certificate to petitioners.
4. During the summary proceedings conducted as per Section 373 of the Indian Succession Act, 1925, eight witnesses were examined in the form of PW1 i.e. Sh. Aman Deep Singh, RW2 i.e. Sh. Gurdeep Singh, RW3 i.e. Sh. Vivek Sharma, Officer, Canara Bank, A-93, Malviya Nagar, New Delhi, RW4 i.e. Sh. Silender Singh Katnori, Branch Manager, Unity Small Finance Bank, F45, East of Kailash New Delhi, RW5 i.e. Sh. Mausam 3 of 8 Aman Deep Singh v. The State & Ors.
SC No. 62/2023Kumar, Branch Operational Manager, Kotak Mahindra Bank, C-78, Malviya Nagar, New Delhi, RW6 i.e. Sh. Vinod Kumar, Deputy Manager, HDFC Securities having office at S42, 2 nd Floor, Vasant Square Mall, Vasant Kunj, New Delhi, RW8 i.e. Sh. Vikas Pandey, AR of Kfin Technologies and RTA of Sundaram Mutual, 305, New Delhi House, Barakhamba Road, Connaught Place, New Delhi and RW7 i.e. Sh. Piyush Ratan, Manager, Punjab National Bank D-80, Malviya Nagar, New Delhi.
5. PW-1 Sh. Aman Deep Singh relied upon following documents:-
a) Ex.PW1/1 i.e. Copy of death certificate of deceased
b) Ex.PW1/2 (OSR) i.e. Copy of Aadhar card of deceased
c) Ex.PW1/3 (OSR) i.e. Copy of election identity card of deceased
d) Ex.PW1/4 (OSR) i.e. Copy of PAN card of deceased
e) Ex.PW1/5 i.e. Copy of surviving member certificate
f) Ex. PW1/6 (OSR) i.e. copy of my passport issued by UK
g) Ex.PW1/7 (OSR) i.e. copy of my OCI card
6. RW2 has no objection if the succession certificate is issued in favour of petitioner.
7. RW3 Sh. Vivek Sharma brought record of account statement of saving account no.1387101003747 in the name of S. S. Banga having balance of Rs.01/- as on 01.09.2023. The 4 of 8 Aman Deep Singh v. The State & Ors.
SC No. 62/2023same was Ex.RW3/A (colly).
8. RW4 Sh. Silender Singh Katnori brought statement of bank account of late Mr. Surjeet Singh Banga had the following two accounts with Unity Small Finance Bank bearing account no.605101600000051 and account no.605227600000020. I say that the remaining outstanding balance as on 31.03.2024 is Rs.2063/-. The same was Ex.RW4/A (Colly).
9. RW5 Sh. Mausam Kumar brought record of account statement of saving account no.01870120015376 in the name of Surjeet Singh having nil balance (account closed). The same was Ex.RW5/A (colly).
10. RW6 Sh. Vinod Kumar brought statement of Demat account bearing no.IL301436, client ID 10242885 belonging to late Mr. Surjeet Singg with HDFC Bank Ltd had no trading account with and therefore no record is available. The same is Ex.RW6/A (Colly).
11. RW8 Sh. Vikas Pandey brought statement of Mr. Surjeet Singh had the following one account folio no.13497201 with Sundaram Mutual. Now PNB mutual fund has been converted into Sudaram Mutual. The same has been redeemed on 11.12.2013. Presently the value of above shares is zero. The same was Ex.RW8/A (colly).
12. RW7 Sh. Piyush Ratan has brought record and stated that 5 of 8 Aman Deep Singh v. The State & Ors.
SC No. 62/2023the mutual fund folio no.13497201-AM which is in the name of Sh. Surjit Singh does not belong to Punjab National Bank. It pertains to principal mutual fund.
13. I have heard the submissions made by Ld. Counsel for the petitioner, perused the record and gone through the relevant provisions of law.
14. The testimony of PW1 and RW2 proves that Surjeet Singh Banga who expired on 04.04.2021, and petitioner and respondent no.2 are the only surviving legal heirs of the deceased.
15. Ex.RW3/A proves that deceased S. S. Banga was having saving account no.1387101003747 having balance of Rs.01/- as on 01.09.2023.
16. Ex.RW4/A proves that deceased Mr. Surjeet Singh Banga was having two accounts with Unity Small Finance Bank bearing account no.605101600000051 and account no.605227600000020. He said that the remaining outstanding balance as on 31.03.2024 is Rs.2063/-.
17. Ex.RW5/A proves that deceased Surjeet Singh was having saving account no.01870120015376 having nil balance (account closed).
18. Ex.RW6/A proves that deceased Mr. Surjeet Singh was having Demat account bearing no.IL301436, client ID 10242885 6 of 8 Aman Deep Singh v. The State & Ors.
SC No. 62/2023with HDFC Bank Ltd had no trading account with and therefore no record is available. The same is (Colly).
19. Ex. RW8/A proves that deceased Mr. Surjeet Singh had the following one account folio no.13497201 with Sundaram Mutual. Now PNB mutual fund has been converted into Sudaram Mutual. The same has been redeemed on 11.12.2013. Presently the value of above shares is zero.
20. Ex. RW8/A proves that deceased Mr. Surjeet Singh mutual was having fund folio no.13497201-AM does not belong to Punjab National Bank. It pertains to principal mutual fund.
21. No one else has come forward to oppose this succession petition despite publication in newspaper.
22. In light of the facts and circumstances and on the basis of material placed on record, petitioner is entitled to the succession certificate and there exists no impediment in grant of succession certificate to him. Thus, present petition qua the grant of succession certificate in respect of saving account no.1387101003747 in the name of S. S. Banga having balance of Rs.01/- as on 01.09.2023; bank account of late Mr. Surjeet Singh Banga had the following two accounts with Unity Small Finance Bank bearing account no.605101600000051 and account no.605227600000020 and the remaining outstanding balance as on 31.03.2024 is Rs.2063/- is hereby allowed. Accordingly, succession certificate be issued in favour of petitioner upon filing 7 of 8 Aman Deep Singh v. The State & Ors.
SC No. 62/2023of requisite court fees and indemnity bond of like amount.
23. The succession certificate shall be considered only as an entitlement of petitioner to receive the amount aforesaid (with up-to-date interest if any). The concerned R3 to R6 may seek compliance of formalities, if any, by petitioner for securing release of the amount, as per rules.
24. File be consigned to record room after due compliance.
Digitally signedPARAS by PARAS DALAL DALAL 2024.08.28 Date:
14:12:29 +0530 Announced in the open Court (PARAS DALAL) on 28.08.2024 ACJ-CCJ-ARC/South, Saket Court/Delhi 8 of 8