Indian Kanoon - Search engine for Indian Law

Delhi District Court

Pushpa Kharbanda vs State on 2 August, 2022

          IN THE COURT OF MS. TANYA BAMNIYAL,
     ADMINISTRATIVE CIVIL JUDGE-cum-ADDITIONAL RENT
      CONTROL-cum-COMMERCIAL CIVIL JUDGE (SOUTH),
                SAKET COURTS, NEW DELHI




SUCCESSION CASE NO. 118/2021
CNR No. DLST03-001345-2021



1.        Pushpa Kharbanda
          W/o Late Arjun Dev
          R/o B-129, Second Floor,
          Malviya Nagar, New Delhi.

2.        Samir Dev
          S/o Late Arjun Dev
          R/o B-129, Second Floor,
          Malviya Nagar, New Delhi.

3.        Alka Khanna
          D/o Late Arjun Dev
          W/o Sh. Anand Khanna
          R/o Flat 1 B, Block-10,
          Rail Vihar, Sector-56,
          Gurugram, Haryana.                                              ... Petitioners


          Vs.



State                                                               .........Respondent


          Petition for grant of Succession Certificate U/S 372 of
                     Indian Succession Act, 1925.



Succession petition No. 118/2021    "Pushpa Kharbanda & Ors. Vs. State"                Page 1/6
           DATE OF INSTITUTION     :                                      20.09.2021
          DATE OF RESERVING ORDER :                                      08.07.2022
          DATE OF PRONOUNCEMENT :                                        02.08.2022




                                           JUDGMENT

1. Vide this judgment, this Court shall dispose of the present petition filed by the petitioners, namely, Smt. Pushpa Kharbanda, Sh. Samir Dev and Smt. Alka Khanna for grant of succession certificate under section 372 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act') in respect to debts/securities etc., of husband of petitioner no. 1 and father of petitioner no. 2 and 3, Late Arjun Dev. The State has been impleaded as respondent.

2. The facts relevant for disposal of the present petition are that the husband of petitioner no. 1 and father of petitioner no. 2 and 3, Sh. Arjun Dev expired on 17.04.1998. The deceased Late Arjun Dev is survived by the petitioner no. 1 being wife and petitioner no. 2 and 3 being children. There is no other legal heir of deceased Late Arjun Dev. It has been further stated on behalf of the petitioners that there is no impediment under the provision of the Act in the grant of succession certificate in favour of the petitioner in respect of the following:-

DEBTS AND SECURITIES OF DECEASED LATE ARJUN DEV Sr. No. Company Name No. of Distinctive Nos. Registered Certificat Current Total Value as Succession petition No. 118/2021 "Pushpa Kharbanda & Ors. Vs. State" Page 2/6 Shares From To Folio No. e no. value of each per Market share in Rs. Price as on 25.04.2022

1. Torrent 200 340701 340900 TRE 1521 Rs. 2708.20 Rs. 5,41,640 Pharmaceutical 0022340 Limited

2. Torrent 200 42646381 42646580 TRE 4895 Rs. 2708.20 Rs. 5,41,640 Pharmaceutical 0022340 Limited

3. Torrent 400 84635901 84636300 TRE 7077 Rs. 2708.20 Rs. 10,83,280 Pharmaceutical 0022340 Limited Total amount Rs. 21,66,560/-

3. A notice of the petition was published in the daily newspaper "Veer Arjun" on 02.12.2021 inviting objections on behalf of general public to the grant of succession certificate in favour of the applicants/ petitioners, but none appeared on behalf of the public at large on the day of hearing fixed to contest / oppose or raise any objection to the grant of the succession certificate in favour of the applicants / petitioners.

4. Petitioner no. 1 Smt. Pushpa Kharbanda stepped into the witness box as PW1. She deposed that the deceased Late Arjun Dev was her husband, who expired on 17.04.1998. The deceased Late Arjun Dev is survived by her as well as her two children, namely, Sh. Samir Dev and Smt. Alka Khanna, who are petitioner no. 2 and 3 in the present succession petition.

She tendered her affidavit as Ex.PW1/A and relied upon the following documents:-

a) Copy of death certificate of deceased Late Arjun Dev as Ex.PW1/1 (OSR).

b) Copy of passport and PAN card of petitioner no. 1 as Ex.PW1/2 (OSR) and Ex.PW1/3 (OSR).

c) Copy of aadhaar card of petitioner no. 2 Sh. Samir Dev as Ex.PW1/4 (colly) (OSR).

d) Copy of aadhaar card of petitioner no. 3 Smt. Alka Khanna as Ex.PW1/5 (OSR).

e) Copy of registration of lost property bearing no. 17/2021 issued by PS Malviya Nagar as Mark A.

f) Photocopy of request letter for issuance of duplicate certificate (share certificate) dated 15.03.2021, declaration of loss of share certificate, demand draft dated 16.03.2021, indemnity bond for issuance of duplicate share certificate, affidavit for duplicate share certificate duly furnished before Karvy Fintech Pvt. Ltd, Unit Torrent Pharmaceuticals (TRE/TRPL) as Mark B to F.

g) Certificate under section 65B of the Indian Evidence Act as Ex.PW1/12.

h) Newspaper of Veer Arjun for publication dated 02.12.2021 as Ex.PW1/13 She requested for issuance of succession certificate in favour of all the petitioners.

5. I have heard the arguments on behalf of the petitioners and gone through the entire material available on record.

6. From the perusal of the testimony of PW1 Smt. Pushpa Kharbanda and all the documents tendered into evidence and relied upon by her, it is clear from Ex.PW1/1 (OSR) that Sh. Arjun Succession petition No. 118/2021 "Pushpa Kharbanda & Ors. Vs. State" Page 4/6 Dev expired on 17.04.1998. Perusal of the record further reveals that the deceased Late Arjun Dev is survived by the petitioner no. 1 being wife and petitioner no. 2 and 3 being children. There is no other legal heir of deceased Late Arjun Dev. The total value for which the succession certificate is sought for is Rs. 21,66,560/-.

7. The aforesaid claim of the petitioners has gone un- rebutted and nobody appeared on behalf of public at large to contest the aforesaid claim of the petitioners. There is also no impediment under section 370 of the Act to grant of Succession Certificate with respect to debts/securities as mentioned above. Therefore, I deem it fit to allow the petition. Accordingly, the petition is hereby allowed.

8. In view of above, this Court holds that the petitioners, namely, Smt. Pushpa Kharbanda, Sh. Samir Dev and Smt. Alka Khanna are entitled for the grant of Succession Certificate for equal share under section 372 of the Act in respect of debts and securities of deceased Late Arjun Dev as stated above.

9. Accordingly, Succession Certificate be issued to petitioners, namely, Smt. Pushpa Kharbanda, Sh. Samir Dev and Smt. Alka Khanna on filing of court fee of their respective shares as prescribed in terms of Article 12 Schedule 1 of the court fee Act 1870 as applicable to Delhi and an indemnity and surety bond in the like amount for the value of debts and securities as detailed in the petition as on the date of filing of petition.

10. File be consigned to Record Room.

Announced in open court (Tanya Bamniyal) on 02.08.2022 Administrative Civil Judge-

cum-Additional Rent Control-

cum- Commercial CIVIL JUDGE (South), Saket Courts, New Delhi Succession petition No. 118/2021 "Pushpa Kharbanda & Ors. Vs. State" Page 6/6