Delhi District Court
Sh. Ravinder Kumar vs State on 1 February, 2014
IN THE COURT OF SH DEEPAK SHERAWAT: ACJCUMCCJ CUM
ARC (SOUTHWEST):DWARKA COURTS:NEW DELHI.
SUCCESSION CASE NO. 49/13
Sh. Ravinder Kumar,
S/o Late Sh. Anand Singh
R/o 5, Kalyani Apartments,
Plot no.31, Sector4, Dwarka,
Delhi110075.
..............Petitioner
vs.
1. State
2.Manager
Allahabad Bank, (393), Plot no. 201,
Bindapur, P.O Uttam Nagar, Delhi110059.
3.Mrs. Geeta Rawat D/o Late Sh. Anand Singh
W/o Sh. Shivender Singh Rawat
R/o A33, Nand Ram Park,
Uttam Nagar, Delhi110059.
4.Mrs. Uma Bisht D/o Late Sh. Anand Singh
W/o Sh Puran Singh Bisht
R/o Y356B, Sector12,
Noida, U.P201301.
5. Sh. Devender Kumar S/o Late Sh Anand Singh
Sh. Ravinder Kumar
vs.
State & ors
SC49/13
: 1 :
R/o Flat no. B101,
Near Hada Pasar Railway Station,
No.96, Vankatesh Flora Phase1,
Mundhawa, Pune City,
Mundhawa, Pune, Maharashtra411036.
................ Respondents
Petition U/s 372 of Indian Succession Act for grant of Succession
Certificate in respect of debts, securities, deposits etc. of deceased
Sh. Anand Singh & Late Smt. Gauri Devi W/o Late Sh. Anand Singh.
Date of Institution : 28.09.13
Date of Reserving Order : 01.02.14
Date of Judgment : 01.02.14
JUDGMENT:
1. The present petition has been filed by the petitioner Sh. Ravinder Kumar for grant of Succession certificate U/s 372 of Indian Succession Act, 1925 (herein after referred to as the Act), in respect of debts, securities, deposits etc. of deceased Sh. Anand Singh & Late Smt. Gauri Devi W/o Late Sh. Anand Singh.
2. The State, Manager Allahabad Bank Uttam Nagar, Delhi, Mrs. Geeta Rawat, Mrs. Uma Bisht and Sh. Devender Kumar have been impleaded as the respondent.
Sh. Ravinder Kumar vs. State & ors SC49/13 : 2 :
3. It has been averred by the petitioner that Sh Anand Singh and Smt. Gauri Devi expired on 18.03.12 in a road accident at Kukku Tyre House, Near Janta Nursing Home, Muradabad Road, Kashipur, Uttrakhand. It is further averred that the ordinary place of residence of deceased was at 5, Kalyani Apartments, Dwarka, Delhi which falls within the jurisdiction of this court. It has been further averred that respondent no.3 & 4 are the married daughters of the deceased and respondent no.5 is the youngest son of the deceased and that petitioner himself is the son of the deceased.
4. Notice of the petition was issued in the newspaper "Veer Arjun" on 22.10.13 but none appeared on behalf of public at large, to raise any objection to grant of succession certificate in favour of petitioners.
5. In support of the case, the petitioners have examined one witness.
PW1 Ravinder Kumar has deposed on oath that his father Sh. Anand Singh and his mother Smt. Gauri Devi were resident of RZ27A, Indira Park Extension, Uttam Nagar, New Delhi59. Further, it is stated that his father Sh. Anand Singh expired on 18.03.2012 and his death certificate as EX.PW1/B. He has further stated that her Sh. Ravinder Kumar vs. State & ors SC49/13 : 3 : mother Smt. Gauri Devi expired on 18.03.2012 and her death certificate as EX.PW1/C. He has further stated that his grandmother Jhapari Devi expired 20 years ago at her native village Solli, District Almora, Uttarakhand. He has further stated that his father Sh. Anand Singh and his mother Smt. Gauri Devi died intestate without leaving any Will and besides himself, respondent No. 3 Mrs. Geeta Rawat, respondent No. 4 Mrs. Uma Bisht and respondent No. 5 Devender Kumar are class 1 legal heirs/survivor of belongings of his deceased father Sh. Anand Singh and his mother Late Smt. Gauri Devi. He has further stated that his brother respondent No. 5 Devender Kumar has given his No Objection alongwith his affidavit as EX.PW1/D (colly). He has further stated that respondent No. 3 to 5 have given their no objection in his favour.
The witness has proved self attested photocopy of his Aadhar Card for his residence proof as EX.PW1/E (OSR).
In respondent evidence Sh Satish Kumar Arya Manager, Allahabad Bank, Uttam Nagar, New Delhi, Mrs. Geeta Rawat and Mrs. Uma Bisht have been examined as RW1 to RW3 respectively.
RW1 Sh. Satish Kumar Arya, Manager, Allahabad Bank Sh. Ravinder Kumar vs. State & ors SC49/13 : 4 : Uttam Nagar, New Delhi has proved the attested computerized statement of joint saving account No. 20473466586 in the name of Mr. Anand Singh & Gauri Devi as EX.RW1/A, as per which the balance as on 24.10.2013 is Rs. 1,68,952/. He has further proved the computerized statement of Monthly Income Plan bearing account No. 50057149034 in the name of Mr. Anand Singh & Gauri Devi as EX.RW1/B, as per which the balance as on 24.03.2011 is Rs. 11,00,000/.
RW2 Mrs. Geeta Rawat has deposed on oath that she is respondent No. 3 in the present succession petition, is daughter of Late Shri Anand Singh and Late Smt. Gauri Devi and sister of petitioner Sh Ravinder Kumar. She has further stated that she has no objection for grant of succession certificate in favour of petitioner Sh Ravinder Kumar regarding debts and securities of deceased Late Shri Anand Singh and Late Smt. Gauri Devi as mentioned in Para No. 6 in the present succession petition.
The witness has proved the self attested photocopy of Aadhar Card for her residence proof as EX.RW2/A(OSR).
RW3 Mrs. Uma Bisht has deposed on oath that she is respondent No. 4 in the present succession petition, is daughter of Sh. Ravinder Kumar vs. State & ors SC49/13 : 5 : Late Shri Anand Singh and Late Smt. Gauri Devi and sister of petitioner Sh Ravinder Kumar. She has further stated that she has no objection for grant of succession certificate in favour of petitioner Sh Ravinder Kumar regarding debts and securities of deceased Late Shri Anand Singh and Late Smt. Gauri Devi as mentioned in Para No. 6 in the present succession petition.
The witness has proved the self attested photocopy of Aadhar Card for her residence proof and same is EX.RW3/A(OSR).
6. I have heard the arguments advanced by Ld. counsel and have perused the material on record.
7. 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 Sh. Ravinder Kumar vs. State & ors SC49/13 : 6 : 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".
8. From the oral and documentary evidence on record, my prima facie findings are as under: 8.1 The deceased Sh Anand Singh and Late Smt. Gauri Devi were having residence at Uttam Nagar, New Delhi which is reflected from their joint Saving account no. 118264 of Allahabad Bank, Branch Bindapur, New Delhi which falls within the jurisdiction of this court.
Sh. Ravinder Kumar vs. State & ors SC49/13 : 7 : 8.2 The deceased Sh Anand Singh and Late Smt. Gauri Devi are having four surviving class I legal heirs i.e petitioner himself, respondent no.3 Mrs. Geeta Rawat (daughter), respondent no.4 Mrs Uma Bisht (daughter) and respondent no.5 Sh Devender Kumar (Son). Respondent no.3 to 5 have given their no objection with regard to the debts and securities of the deceased in favour of the petitioner.
8.3 The deceased Sh Anand Singh and Late Smt. Gauri Devi died intestate qua the following debts and securities:
ExRW1/A i.e the attested computerized statement of joint saving account No. 20473466586 in the name of Mr. Anand Singh & Gauri Devi reflects the balance amount of Rs. 1,68,952/ as on 24.10.2013.
ExRW1/B i.e the computerized statement of Monthly Income Plan bearing account No. 50057149034 in the name of Mr. Anand Singh & Gauri Devi reflects the balance amount of Rs. 11,00,000/ as on 24.03.2011 .
Sh. Ravinder Kumar vs. State & ors SC49/13 : 8 : Therefore, the total value of the debts and securities held by deceased for which succession certificate has been applied for turns out to be Rs. 12,68,952/.
8.4 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 application.
9. In view of the aforesaid observations, I hold that the petitioner Sh Ravinder Kumar is entitled for the grant of Succession Certificate U/s 373 of the Act in respect of the aforementioned securities having total value of Rs. 12,68,952/ alongwith interest accrued thereon, if any.
10. Accordingly, succession certificate be issued to the petitioner Sh Ravinder Kumar for his share and share of respondent no.3 to 5 i.e. 1/3rd share each on filing of corresponding court fees of in terms of Article 12 Schedule I of Court Fees Act, 1870 as applicable in Delhi and Indemnitycumsurety bond of the like amount, within Sh. Ravinder Kumar vs. State & ors SC49/13 : 9 : 15 days from today. Petition is accordingly, disposed of.
File be consigned to record room after due compliance.
Announced in the open court (Deepak Sherawat) today i.e on 01.02.14 ACJ/CCJ/ARC /DC/ND Sh. Ravinder Kumar vs. State & ors SC49/13 : 10 : Sh Ravinder Kumar vs. State & ors.
SC49/13 01.02.14 Present: Ld. counsel for petitioner.
Final arguments heard.
By virtue of Judgment, Succession Certificate has been granted to the petitioner Sh Ravinder Kumar, who is directed to file corresponding court fees and Indemnitycumsurety bond, within 15 days from today. Succession petition is disposed off accordingly.
File be consigned to record room after due compliance.
(Deepak Sherawat) ACJ/Dwarka/ Delhi Sh. Ravinder Kumar vs. State & ors SC49/13 : 11 :