Delhi District Court
Dda Flats vs Sh. Anuj Bahl on 1 October, 2013
IN THE COURT OF SH. SUMIT DASS, ADMINISTRATIVE CIVIL
JUDGE (NORTH WEST) ROHINI COURTS, DELHI
Petition No. : SCC 106/12.
Date of Institution : 23.08.2012.
Date of arguments : 01.10.2013.
Date of order : 01.10.2013.
In the matter of:
Chander Prabha Bahl
W/o Late Sh. Lal Chand Bahl
R/o AN6A, Shalimar Bagh
DDA Flats, Delhi88 ....Petitioner
Versus
1. Sh. Anuj Bahl
S/o Sh. Lal Chand Bahl
R/o AN6A, Shalimar Bagh
DDA Flats, Delhi110088
2. Head Post Master
SCC No. 106/12. 1/10
Post OfficeAshok Vihar, New Delhi
3. Head Post Master
Post OfficeAmar Nagar, Faridabad, Haryana
4. Head Post Master
Post OfficeSarojini Nagar, New Delhi
5. Branch Manager
Punjab National Bank, Naroji Nagar, New Delhi
6. State ....Respondents
J U D G M E N T:
Vide this judgment, I shall dispose off the petition filed on behalf of the petitioner under section 372 of the Indian Succession Act, 1925 for obtaining succession certificate in respect of debts/ securities etc. of Late Sh. Lal Chand Bahl.
The relevant facts for the disposal of the present petition are that Sh. Lal Chand Bahl, the husband of the petitioner expired on 24.01.2003. It is further stated that the deceased had left behind petitioner along with Sh. Anuj Bahl (son) as his legal heirs. It is also stated that the deceased had not SCC No. 106/12. 2/10 executed any Will during his life time. It is further alleged that there is no impediment in the grant of succession certificate in favour of the petitioner.
2. General public had been served through publication in daily newspaper 'Rashtriya Sahara' dated 15.09.2013 but none had appeared from general public to oppose or contest the present petition.
3. Sh. Purshottam Kumar, Public Relation Inspector, Ashok Vihar, Post Office, Delhi was examined as PW1 who proved on record that following NSC's/ KVP's are lying with them in the name of deceased:
Certificate No. Denomination Current Value 6NS/38EE 488939 Rs 10,000/ 6NS/27DD 448684 Rs 5,000/ 6NS/35EE 93098986 Rs 40,000/ 51CC70099396 Rs 40,000/ 39BB506866 Rs 5,000/ Sh. Manohar Lal, Branch Manager, Punjab National Bank, Naroji Nagar, Delhi was examined as PW2 who revealed that the amounts have already been disbursed/ released and nothing is due towards them.SCC No. 106/12. 3/10
Sh. Charanjeet Arora, Post Master, Amar Nagar Post Office, Faridabad was examined as PW3 who proved on record that following NSC's/ KVP's are lying with them in the name of deceased:
Registration Certificate No. Quantity Denomination Current Value no.
502 NSC no. 29EE 2 Rs 10,000/ Rs 42,030/ 514526527 787 KVP no. 8 Rs 5,000/ Rs 92,832/ 63BB333478 33485 2908 KVP no. 73CC 1 Rs 10,000/ Rs 24,490/ 603573 3000 KVP no. 71CC 1 Rs 10,000/ Rs 24,375/ 847332 63 KVP no. 75CC 2 Rs 10,000/ Rs 48,632/ 415858415855 Sh. Rajbeer Singh, Senior Post master, Sarojini Nagar Post Office, Delhi was examined as PW4 who proved on record that following NSC's/ KVP's are lying with them in the name of deceased:
Name of Account no./ Denomination Current Value Scheme Certificate No. SCC No. 106/12. 4/10 with registration no.
MIS 5461 Rs 24,000/ Rs 40,836/ NSC 14EE899791792 Rs 20,000/ Rs 53,800/ = Regd. no. 39053 KVP 30CC828851 Rs 10,000/ Rs 27,050/ Regd. no. 26633 KVP 30CC828854 Rs 10,000/ Rs 27,050/ Regd. no. 26635 NSC 35CC138269 Rs 16,000/ Rs 37,149/ Regd. no. 57972 NSC 25DD278247 Rs 5,000/ Rs 10,428/ Regd. no. 61496 Petitioner had examined herself as PW5 deposing on the lines of facts as alleged in the petition and in support of his oral testimony relied upon documents i.e. death certificate of Sh. Lal Chand Bahl Ex. PW1/1.
Respondent Sh. Anuj Bahl was also examined as RW1 who gave his no objections for the issuance of succession certificate in favour of the petitioner in respect of the present petition.
4. Heard.
SCC No. 106/12. 5/10
5. Considering the above stated facts, this Court is of the opinion that prima facie there is no impediment in grant of Succession Certificate in favour of the petitioner Smt. Chander Prabha Bahl in respect of the following deposits lying in the name of the deceased Sh. Lal Chand Bahl:
Registr Certificate No. Quantity Denomination Current ation Value no.
6NS/38EE 488939 Rs 10,000/ lying with Post Office, Ashok Vihar 6NS/27DD 448684 Rs 5,000/ lying with Post Office, Ashok Vihar 6NS/35EE 93098 Rs 40,000/ 986 lying with Post Office, Ashok Vihar 51CC70099396 Rs 40,000/ lying with Post Office, Ashok Vihar 39BB506866 lying Rs 5,000/ with Post Office, SCC No. 106/12. 6/10 Ashok Vihar 502 NSC no. 29EE 2 Rs 10,000/ Rs 42,030/ 514526527 lying with Amar Nagar Post Office, Faridabad 787 KVP no. 8 Rs 5,000/ Rs 92,832/ 63BB33347833485 lying with Amar Nagar Post Office, Faridabad 2908 KVP no. 73CC 1 Rs 10,000/ Rs 24,490/ 603573 lying with Amar Nagar Post Office, Faridabad 3000 KVP no. 71CC 1 Rs 10,000/ Rs 24,375/ 847332 lying with Amar Nagar Post Office, Faridabad 63 KVP no. 75CC 2 Rs 10,000/ Rs 48,632/ 415854415855 lying with Amar Nagar Post Office, Faridabad MIS no. 5461 lying Rs 24,000/ Rs 40,836/ with Sarojini Nagar SCC No. 106/12. 7/10 Post Office NSC no. Rs 20,000/ Rs 53,800/ 14EE899791792 = 2 Regd. no. 39053 lying with Sarojini Nagar Post Office KVP no. Rs 10,000/ Rs 27,050/ 30CC828851 Regd. no. 26633 lying with Sarojini Nagar Post Office KVP no. Rs 10,000/ Rs 27,050/ 30CC828854 Regd. no. 26635 lying with Sarojini Nagar Post Office NSC no. Rs 16,000/ Rs 37,149/ 35CC138269 Regd. no. 57972 lying with Sarojini Nagar Post Office NSC no. Rs 5,000/ Rs 10,428/ 25DD278247 Regd. no. 61496 lying with Sarojini Nagar Post Office SCC No. 106/12. 8/10 Accordingly, Succession Certificate is ordered to be issued in favour of the petitioner Smt. Chander Prabha Bahl in respect of the above, on furnishing of an Indemnity Bond of the same value with one surety of like amount within one month. However, petitioner is directed to disclose the current amount lying against the deposits and then file court fees upon the same. File be consigned to Record Room.
Announced in the open court (Sumit Dass) on 01.10.2013. ACJCUMARC NORTHWEST This judgment contains 9 pages ROHINI COURTS, DELHI & each page has been signed by me.
SCC No. 106/12. 9/10 SCC No. 106/12.
01.10.2013.
Present: Ld. counsel for the petitioner Final arguments heard.
Vide separate judgment of even date, petition filed u/s 372 of the Indian Succession Act, 1925 on behalf of the petitioner is allowed and disposed off.
File be consigned to Record Room.
(Sumit Dass) ACJcumARC (North West) Rohini Courts, Delhi/01.10.2013.
SCC No. 106/12. 10/10