Delhi District Court
Sh. Mukesh vs The State( Nct) Delhi on 21 July, 2014
IN THE COURT OF SH. PRASHANT SHARMA, LD. ACJ/ARC/CCJ,
NEW DELHI DISTRICT, PATIALA HOUSE COURTS, NEW DELHI.
SUCCESSION CASE NO. 34/13
UID No. 02403C0125972013
Sh. Mukesh ... Petitioner
S/o. Late Sh. Biru Ram,
R/o 826, Sector 2, H.No. 613830,
R.K. Puram, New Delhi110002.
Versus
1. The State( NCT) Delhi ... Respondents
2. DEMS South Zone,
Green Park, SDMS(Department in which deceased was employed)
3. Smt. Lata(Daughter of deceased)
D/o. Late Biru
4. Sh. Deep Chand @ Deepak(Son of the deceased)
S/o. Late Biru
5. Sh. Sukhbir @ Sonu(Son of the deceased)
S/o. Late Biru
6. Ishika(Minor Daughter of the deceased)
D/o. Late Biru (through Legal Guardian Smt. Lata)
All the respondents no. 3 to 6 are R/o. 826, Sector 2
H.No. 613830, R.K. Puram,
New Delhi110002
SC No. 34/13 Mukesh Vs. The State & Ors Page no.1
PETITION FOR GRANT OF SUCCESSION CERTIFICATE UNDER
SECTION 372 OF THE INDIAN SUCCESSION ACT, 1925.
Date of institution of the petition : 27.07.2013
Date on which judgment was reserved : 21.07.2014
Date of pronouncement of judgment : 21.07.2014
JUDGMENT
1. Applicant Mukesh has applied for succession certificate under the Indian Succession Act, 1925 in respect of debts and securities i.e. amount of Rs. 5,13,753/, as terminal benefits of her mother Late Smt. Meera W/o. Late Sh. Beeru, lying in the department of South Delhi Municipal Corporation, office of the Sanitation Superintendent, DEMS, South Zone, Green Park. He has prayed that he may be allowed to receive the said amount along with interest accrued on it till date. He has alleged that deceased Smt. Meera was married to Sh. Beeru Ram and out of their wedlock, 5 children viz. respondent no. 3 Smt. Lata, respondent no. 4 Deep Chand @ Deepak, respondent no. 5 Sukhbir @ Sonu, respondent no. 6 Ishika and himself were born. That father of applicant and respondent no. 3 to 6, Late Sh. Beeru Ram died on 31.08.1997 and his death certificate is Ex.PW1/A. That deceased Smt. Meera died on 02.11.2010 and her death certificate is Ex.PW1/B. That deceased in question was working in Municipal Corporation of Delhi(MCD) in D.E.M.S Department South Zone, R.K. Puram as a Safai Karamchari(Sweeper). That Smt. Meera, deceased in question died intestate leaving behind no Will. That deceased in question had owned and possessed movable properties, i.e. pension, gratuity and other consequential benefits out of her service as Safai SC No. 34/13 Mukesh Vs. The State & Ors Page no.2 Karamchari of the MCD in the Department of DEMS South R.K. Puram, New Delhi. That there are no other legal heirs of deceased except applicant and the respondent no. 3 to 6 whose statements with regard to no objection have been recorded. That it is the applicant who is entitled to receive the aforesaid amount.
2. The succession petition was filed and assigned to this court on 27.07.2013. Subsequently, besides service of notice of petition upon respondents, this Court also directed for publication of notice of succession petition in the daily newspaper "Statesman" having circulation in the National Capital Territory of Delhi for inviting objection, if any, from general public. Notice of filing of succession petition was accordingly published in daily newspaper "Statesman" in its issue dated 17.08.2013 but till date no objection to the grant of succession certificate in favour of applicant was received from general public.
3. Applicant Mukesh examined himself by tendering his evidence by way of affidavit marked as Ex. PW1/D. He reiterated the contents of his petition, already mentioned by me in my preceding paragraphs in her affidavit. Same are not repeated here for the sake of brevity.
4. During petitioner's evidence, Sh. Iqbal Singh appeared from Sanitation Superintendent, DEMS, South Zone, respondent no. 2 side and filed details pertaining to terminal benefits of Late Smt. Meera which is Ex.PW2/A. SC No. 34/13 Mukesh Vs. The State & Ors Page no.3
5. SDM concerned filed verification report regarding verification of address of petitioner and LR's of deceased in question, which is mark Z.
6. After closure of petitioner's evidence, matter was fixed for judgment, after final arguments were heard by this Court.
7. Before deciding the present petition, it is noteworthy to mention here the relevant provision of law.
8. Section 373 subsection (3) of the Indian Succession Act, 1925 provides: 'If the Judge cannot decide the right to the certificate without determining questions of law or fact which seem to be too intricate and difficult for determination in a summary proceedings, he may nevertheless grant a certificate to the applicant if he appears to be the person having prima facie the best title thereto.'
9. From the averments made in the petition filed under section 372 of the Indian Succession Act, 1925 and the statements of respondents, there is no objection to the grant of succession certificate in respect of applicant with regard to amount lying in Department of DEMS, South Zone to the tune of Rs. 513753/.
10. Respondents/general public/legal representatives of deceased in question did not raise any objection pertaining to present application, despite publication in newspaper.
SC No. 34/13 Mukesh Vs. The State & Ors Page no.4
11. Applicant is a resident of New Delhi and therefore within the territorial jurisdiction of this Court. So this petition was filed within proper jurisdiction. Petitioner has made proper parties and has not left any relevant party. Petitioner has claimed the securities on the basis of official record, which is placed on record. Averments made by petitioner were corroborated by the official record and not disputed by any of the respondents. No public person had raised any objection to the claim of petitioner.
12. From the avernments made in the petition and evidence before me, I find that there is no legal embargo for issuance of succession certificate in favour of the applicant, who is the sole legal heir of deceased Smt. Meera, pertaining to amount lying in department of DEMS, South Zone to the tune of Rs. 513753/.
13. Accordingly, petition is allowed and succession certificate be issued to applicant Sh. Mukesh, S/o. Late Sh. Beeru on filing of requisite court fees of Rs. 12,843.83p/ only in terms of Article 12, Schedule I of the Court Fee Act 1870 as applicable to Delhi alongwith indemnity bond in the sum of Rs. 5,13,753/with one surety in the like amount. Case file be consigned to record room after due compliance.
(PRASHANT SHARMA)
Announced in the open court ARC/ACJ/CCJ: New Delhi
on 21.07.2014 Patiala House Courts/21.07.2014
SC No. 34/13 Mukesh Vs. The State & Ors Page no.5
Mukesh VS. State & Ors.
SC NO. 34/13
21.07.2014
Present: Petitioner in person with counsel Sh. Anand Kumar.
Sh. Sanjay Kumar Patwari, from office of SDM concerned. He has filed necessary report in compliance of order of the Court. Same is taken on record. Petitioner's evidence stands closed.
Put up for order/judgement at 4.00 pm today itself.
(PRASHANT SHARMA) ARC/ACJ/CCJ: New Delhi Patiala House Courts/21.07.2014 It is 4.00 pm. Present: Petitioner in person with counsel Sh. Anand Kumar.
Vide my judgment of even date, present petition for issuance of succession certificate is allowed.
File be consigned to record room after necessary compliance.
(PRASHANT SHARMA)
ARC/ACJ/CCJ: New Delhi
Patiala House Courts/21.07.2014
SC No. 34/13 Mukesh Vs. The State & Ors Page no.6