Delhi District Court
Smt. Shabda Magon vs State (Govt. Of Nct) Of Delhi on 29 November, 2018
IN THE COURT OF SH. ARUN KUMAR GARG:
ADMINISTRATIVE CIVIL JUDGE - cum- COMMERCIAL CIVIL
JUDGE - cum- ADDITIONAL RENT CONTROLLER: SOUTH
WEST DISTRICT : DWARKA COURTS : NEW DELHI.
S.C.42/18
Smt. Shabda Magon
W/o Sh. Mahinder Magon,
R/o C3/248, Janak Puri,
Near Lawrence Public School,
New Delhi110058.
.............Petitioner
vs.
1. State (Govt. of NCT) of Delhi.
2.Indusind Bank Ltd.
731, Solitaire Corporate Park,
167, Guru Hargovindji Marg,
Mumbai, Maharashtra400093.
Also at:
Indusind Bank Ltd.
3rd Floor, Vasant Square Mall,
Vasant Kunj, New Delhi110070.
3. Link Intime India Pvt. Ltd.
Ragistrar & Shares Tranfer Agent
C101, 247 Park, Lal Bhadur Shastri Marg,
Vikhroli West, Mumbai400083.
4. Swati Sharma
W/o Sh. Raghav Sharma
R/o C3/258 Janak Puri,
Near Lawrence Public School, New Delhi110058.
5. Ritu Bhardwaj
W/o Vishal Bhardwaj
R/o C3/258 Janak Puri,
Near Lawrence Public School,
SC42/18
Shabda Magon. vs. The State & ors.
Judgment dated 29.11.2018 Page No.1 of 7
New Delhi110058.
..........Respondents
Petition U/s 372 of Indian Succession Act for grant of
Succession Certificate in respect of debts and securities of
deceased Sh. Mohinder Kumar.
Date of Institution : 24.04.18
Date of Reserving Judgment : N.A.
Date of Judgment : 29.11.18
JUDGMENT:
1. The present petition has been filed by the petitioner 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 deceased Sh. Mohindra Kumar Magon.
2. The State, Indusind Bank Ltd., 731, Solitaire Corporate Park, 167, Guru Hargovindji Marg, Mumbai, Maharashtra400093. and also at Indusind Bank Ltd., 3 rd Floor, Vasant Square Mall, Vasant Kunj,New Delhi110070, Link Intime India Pvt. Ltd., Registrar & Shares Transfer Agent, C101, 247 Park, Lal Bhadur Shastri Marg, Vikhroli West, Mumbai, Swati Sharma and Ritu Bhardwaj have been impleaded as respondents.
PLEADINGS:
3. It has been averred by the petitioner that Sh. Mohinder Kumar died on 16.08.2017 at Janak Puri, New Delhi. It is further averred that deceased was the ordinary resident of Janak Puri, New Delhi, which falls within the jurisdiction of this court. It is further averred that deceased was survived by three legal heirs i.e petitioner (wife of the deceased), respondent nos.4 & 5 (both daughters of the deceased). In the petition, she has prayed for grant of succession SC42/18 Shabda Magon. vs. The State & ors.
Judgment dated 29.11.2018 Page No.2 of 7certificate in respect of shares issued in the name of her deceased husband by Indusind Bank Ltd., who according to her had died intestate on 16.08.2017.
4. Notice of the petition was issued to the respondents and also ordered to be published in newspaper for public & large and accordingly publication was done in newspaper titled as "Veer Arjun"
dated 21.05.2018, but none appeared on behalf of public at large, to raise any objection for grant of succession certificate in favour of petitioner.
5. Respondent nos. 4 & 5 did not file any objections to the petition whereas a reply dated 25.05.2018 was received from respondent no.3 stating that 900 shares in the name of deceased husband having shares certificate nos.389959 to 389967 each consisting of 100 shares each have been transferred to IEPF account and the same can be claimed by the petitioner as per the procedure prescribed under Rule 7 of IEPFA( accounting, audit, transfer and refund) Rules, 2016. EVIDENCE:
6. In petitioner's evidence, only one witnesses has been examined.
6.1. PW1 is Petitioner Smt. Shabda Magon. She has proved the copy of her Aadhar card and death certificate of her husband as Ex.PW1/A (OSR) and Ex.PW1/B respectively. She has deposed that her mother in law namely Smt. Darshana Rani expired about 0304 years ago. She has further deposed that her husband died intestate and besides herself, respondent nos. 4 & 5 are the legal heir/survivor of belongings of her deceased husband and he is not survived by any other legal heir. She has further deposed that respondent no.4 & 5 have given their no objection in her favour in respect of debts and SC42/18 Shabda Magon. vs. The State & ors.
Judgment dated 29.11.2018 Page No.3 of 7securities as mentioned in present petition. She has further testified that the present petition has been filed for grant of succession certificate in her favour in respect of share issued by Indusind Bank Ltd. as mentioned in Schedule A of the present petition, in the name of her husband. She has further deposed that there are 900 shares of Indusind Bank Ltd. Regd. Folio no. 00164794 in the name of her deceased husband and the total value of the said shares is Rs.16,90,200/ ( 900 X 1,878.90 as on 24.04.2018). CA certificate regarding the value of the shares has been filed and the same is Ex. PW1/C (two pages).
She has further relied upon the letter dated 25.05.2018 received by the court from respondent no.3 stating that 900 shares in the name of her deceased husband having shares certificate nos.389959 to 389967 each consisting of 100 shares each have been transferred to IEPF account and the same can be claimed by her as per the procedure prescribed under Rule 7 of IEPFA( accounting, audit, transfer and refund) Rules, 2016. Thereafter, petitioner evidence was closed.
7. Further, in respondent evidence, two witnesses have been examined.
7.1. RW1 Smt. Ritu Bhardwaj and RW2 Smt. Swati Sharma, who are respondent nos. 5 & 4, gave their no objections for grant of succession certificate in favour of petitioner regarding debts and securities of deceased vide their separate statements. Thereafter, respondent evidence was closed.
ARGUMENTS, APPREICIATION OF EVIDENC & REASONS:
8. I have heard the arguments and perused the material on record carefully.
9. In Madhvi Amma Bhawani Amma & Ors. Vs. SC42/18 Shabda Magon. vs. The State & ors.
Judgment dated 29.11.2018 Page No.4 of 7Kunjikutty 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 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".
10. From the oral and documentary evidence on record, my prima facie findings are as under: 10.1. The deceased, at the time of his death, was the resident of Janak Puri, New Delhi, which is reflected from his death certificate proved as Ex.PW1/B. It falls within the jurisdiction of this court. 10.2. The deceased had expired on 16.08.2017 leaving behind three surviving class1 legal heirs i.e petitioner (wife of the deceased), respondent nos.4 & 5 (both daughters of the deceased). Respondent nos. 4 & 5 have given their no objection in favour of petitioner for grant of succession certificate in respect of debts and securities as mentioned in the present succession petition. DEBTS & SECURITIES: 10.3. The deceased died intestate qua debts and securities as SC42/18 Shabda Magon. vs. The State & ors.
Judgment dated 29.11.2018 Page No.5 of 7mentioned in the petition which is as follows:
(i).Total 900 shares of Indusind Bank Ltd. under shares certificate nos.389959 to 389967 each consisting of 100 shares, having total value of Rs. 16,90,200/ as on 24.04.2018 as per certificate Ex.PW1/C. Therefore, the total value of the securities held by the deceased for which succession certificate has been applied for, turns out to be Rs. 16,90,200/ .
10.4. The aforesaid claim of the petitioner for issuance of succession certificate in respect of debts and securities as per Schedule A 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 Schedule A to the application.
CONCLUSION:
11. In view of the aforesaid observations, this court holds that petitioner Smt. Shabda Magon is entitled for grant of Succession Certificate U/s 373 of the Act in respect of the aforementioned securities of the deceased Sh. Suraj Bhan Saroha having total value of Rs. 16,90,200/ alongwith dividends, if any, accrued thereupon.
12. Accordingly, succession certificate be issued to the petitioner Smt. Shabda Magon 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. Petition is accordingly, SC42/18 Shabda Magon. vs. The State & ors.
Judgment dated 29.11.2018 Page No.6 of 7disposed of.
File be consigned to record room, after due compliance.
Announced in the open court on this 29th day of November, 2018. This order consists of 07 signed pages.
(Arun Kumar Garg) ACJ-cum-CCJ-cum-ARC(SW) Dwarka Courts, New Delhi SC42/18 Shabda Magon. vs. The State & ors.
Judgment dated 29.11.2018 Page No.7 of 7S.C.42/18 Smt. Shabda Magon vs. The State & ors.
29.11.18 Present: Petitioner in person with counsel Sh Nitin Panwar.
None for respondents.
PW1 examined and discharged.
On a separate statement of petitioner, PE stands closed. Final arguments heard.
By way of detailed separate Judgment of even date announced in the open court, the present petition is disposed off with a direction to issue succession certificate in favour of petitioner Smt. Shabda Magon in respect of 900 shares of Indusind Bank Ltd. In the name of her deceased husband Sh. Mohindra Kumar Magon, under shares certificate nos.389959 to 389967 each consisting of 100 shares, having total value of Rs. 16,90,200/ as on 24.04.2018, on filing of corresponding court fees in terms of Article 12 Schedule I of Court Fees Act, 1870 as applicable in Delhi and Indemnitycum surety bond of the like amount, within 30 days from today. Petition is accordingly, disposed of.
File be consigned to record room, after due compliance.
(Arun Kumar) ACJCCJARC (SW) Dwarka Courts:29.11.18 SC42/18 Shabda Magon. vs. The State & ors.
Judgment dated 29.11.2018 Page No.8 of 7SC42/18 Shabda Magon. vs. The State & ors.
Judgment dated 29.11.2018 Page No.9 of 7