Delhi District Court
Kamla Uprety vs State Nct Of Delhi on 8 May, 2018
IN THE COURT OF DHEERAJ MOR: ACJcumCCJcumARC
(SOUTHWEST): DWARKA COURTS: NEW DELHI.
SC51/16
DLSW030011322016
Kamla Uprety
W/o Sh. D.C.Uprety
R/o H69, Vikas Puri,
West Delhi110018.
.............Petitioner
vs.
1. State NCT of Delhi.
2. Smt. Pooja Upreti
Office at Qualcomm India Pvt. Ltd.
Adarsh Building
Plot no.125127 EPIP Phase II,
White Field, Bengaluru560066,
Karnataka.
..........Respondents
Petition U/s 372 of Indian Succession Act for grant of
Succession Certificate in respect of debts and securities of
deceased Pushpendra Uprety.
Date of Institution : 31.08.16
Date of Reserving Judgment : 08.05.18
Date of Judgment : 08.05.18
JUDGMENT:
1. The present petition has been filed 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 Pushpendra Uprety.
2. The State and Smt. Pooja Upreti have been impleaded as respondents.
PETITION: Page no.1 of 8 Smt. Kamla Uprety vs. The State & Anr. SC51/16
3. It has been averred by the petitioner that Sh. Pushpendra Uprety died on 05.07.16 at Delhi. It is further averred that, at the time of his death, deceased was residing at Vikaspuri, New Delhi, which falls within the jurisdiction of this court. It is further averred that he was survived by two class1 legal heirs i.e petitioner (mother of the deceased) and respondent no. 2 (wife of the deceased).
4. Notice of the petition was ordered to be published in newspaper and accordingly publication was done in newspaper titled as "The Statesman" dated 01.10.16, but none appeared on behalf of public at large, to raise any objections for grant of succession certificate in favour of petitioner. Initially, objections were filed on behalf of respondent no.2. However, subsequently, she withdrew her objections and gave no objection for issuance of succession certificate in favour of the petitioner.
EVIDENCE:
5. In petitioner's evidence, six witnesses have been examined.
5.1. PW1 is petitioner Smt. Kamla Uprety. She has proved the death certificate of her deceased son as Ex.PW1/B. She has deposed that her son died intestate and besides herself, respondent no. 2 is the class one legal heirs/survivor of belongings of her deceased son. She has placed on record copy of her Aadhar card for her residential proof and same is Ex.PW1/C(OSR). 5.2. PW2 is Sh. Rohit Singh, Assistant Manager at HSBC, Barakhamba Road Branch, 25 Birla Towers Delhi. He has brought the record pertaining to saving account no. 051358604006 in the name of deceased Sh. Pushpendra Uprety reflecting balance Page no.2 of 8 Smt. Kamla Uprety vs. The State & Anr. SC51/16 amount of Rs. 3,71,909.15 as on 28.02.17. He has testified that four fixed deposit accounts are in the name of the deceased and their numbers are 051358604054, 051358604057, 051358604068, 051358604083 and 051358604085, having value of Rs. 10,974.60, Rs. 52,610.72, Rs. 10,279.16/, Rs. 22,268.04 and Rs. 1,10,728.55 respectively as on 28.02.17. The consolidated statement of account is Ex. PW2/A (two pages). He has deposed that as per record, there is no nominee in the aforesaid accounts of the deceased.
5.3. PW3 is Sh. Harish Kumar, Sr. Manager at National Securities Depository Ltd., 4th Floor, A Wing Trade World, Kamala Mills Compound, Senapati Bapat Marg, Lower Parel, Mumbai. He has proved authority letter in his favour is Ex.PW3/A. He has testified that Sh. Pushpendra Uprety had opened Demat account with depository participants Kotak Securities Ltd. having their office at Kotak Infiniti, Building No.21, 6 th Floor, Infinity Park, Off, Western Express Highway, General A K Vaidya Marg, Malad (E), Mumbai 400097. The details of depository participant is Mark A. He has requested the Court to issue summons to Kotak Securities Ltd., Kotak Infiniti, Building No.21, 6th Floor, Infinity Park, Off, Western Express Highway, General A K Vaidya Marg, Malad (E), Mumbai 400097 to provide the statement of holding of Sh. Pushpendra Uprety.
5.4. PW4 Sh. Sanjay Chaurasia, Service Officer at Kotak Mahindra Bank, Dwarka, Sector11, New Delhi. He has proved the saving bank account number (salary account) 9111628011 in the name of deceased Sh. Pushpendra Uprety reflecting balance amount of Rs. 8,30,061.45 as on 31.12.17. The consolidated Page no.3 of 8 Smt. Kamla Uprety vs. The State & Anr. SC51/16 statement of account is Ex.PW4/A (04 pages). He has deposed that as per record, there is no nominee in the aforesaid account of deceased.
5.5. PW5 is Sh. Jagdish Salwan, Manager, Citibank, DLF Capitol Point, Baba Kharak Singh Marg, Connaught Place, New Delhi. He has brought the summoned record pertaining to statement of account (certified copies of Saving account) bearing no. 5 169833224 in the name of Pushpendra Uprety reflecting balance amount of Rs. 11,09,012.14/ as on 30.12.2017. The said record accompanied with certificate U/s 65 of Indian Evidence Act, 1872 & Certificate U/s 2A of Bankers' Book Evidence Act, 1891 are collectively Ex.PW5/A (four pages, which includes first and last page only of the statement of the said account). He has further deposed that as per the record, Mr. Pushpendra Uprety has not registered any nominee for the saving account. He has also placed on record the letter dated 05.03.2018 wherein details of two fixed deposit bearing nos. 520812 & 522411 in the name of Pushpendra Uprety having current maturity amount of Rs.14,624/ and Rs. 29,275/ respectively and the said record is Ex.PW5/B (one page). He has deposed that as per record Mr. Pushpendra Uprety holds a credit card bearing no. 5241330522189645 with Rs. 25,039.66 outstanding amount payable to the bank, as per last statement generated on 22.02.17.
5.6. PW6 is Sh. Sandeep Anand, Manager (legal) Ernst and Young LLP, 3rd & 6th Floor, World Mark1, Indira Gandhi Airport, Aerocity New Delhi. He has proved authority letter in his favour as Ex.PW6/A. He has deposed that as per their record, the total amount of Rs. 1,45,534/ is due and payable in favour of deceased Page no.4 of 8 Smt. Kamla Uprety vs. The State & Anr. SC51/16 Pushpendra Uprety. The said record is Mark X (colly. 28 pages). Thereafter, petitioner evidence was closed.
6. Further, in respondent evidence, only one witness has been examined.
6.1. RW1 Pooja Upreti gave her no objection for grant of succession certificate in favour of petitioner regarding debts and securities of deceased vide his separate statement. Thereafter, respondent evidence was closed.
ARGUMENTS, APPREICIATION OF EVIDENCE & REASONS:
7. I have heard the arguments and perused the material on record carefully.
8. 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 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 Page no.5 of 8 Smt. Kamla Uprety vs. The State & Anr. SC51/16 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".
9. From the oral and documentary evidence on record, my findings are as under: 9.1. The deceased was the resident of Vikas Puri, New Delhi, which is reflected from his death certificate proved as Ex.PW1/B. It falls within the jurisdiction of this court. 9.2. The deceased had expired on 05.07.16 leaving behind two class 1 legal heirs i.e petitioner (mother of the deceased) and respondent no.2 (wife of the deceased). Respondent no. 2 has given her no objection for issuance of succession certificate in favour of petitioner in respect of debts and securities of deceased as mentioned in the present petition.
DEBTS & SECURITIES: 9.3. The deceased died intestate qua debts and securities as mentioned in the petition which is as follows:
(i). Rs. 3,71,909.15 in his saving account no. 051 358604006 maintained with HSBC, Barakhamba Road Branch, 25 Birla Towers Delhi;
(ii). Rs. 10,974.60, Rs. 52,610.72, Rs. 10,279.16/, Rs. 22,268.04 and Rs 1,10,728.55 in his fixed deposit account numbers 051358604054, 051358604057, 051358604068, 051358604 083 and 051358604085 respectively, maintained with HSBC, Barakhamba Road Branch, 25 Birla Towers Delhi;
(iii). Rs.8,30,061.45 in his saving bank account number (salary account) 9111628011, maintained with Kotak Mahindra Bank, Dwarka, Sector11, New Delhi;
(iv).Rs. 10,83,972.48/ in his account (certified copies of Page no.6 of 8 Smt. Kamla Uprety vs. The State & Anr. SC51/16 Saving account) bearing no. 5169833224, maintained with Citibank, DLF Capitol Point, Baba Kharak Singh Marg, Connaught Place, New Delhi (after adjusting/ deducting his liability of Rs. 25,039.66 against his credit card bearing no. 5241330522189645);
(v).Rs.14,624/ in his fixed deposit bearing no. 520812 maintained with Citibank, DLF Capitol Point, Baba Kharak Singh Marg, Connaught Place, New Delhi;
(vi).Rs. 29,275/ in his fixed deposit bearing no, 522411 maintained with Citibank, DLF Capitol Point, Baba Kharak Singh Marg, Connaught Place, New Delhi;
(vii).Rs. 1,45,534/is due and payable in favour of deceased, maintained with Ernst and Young LLP, 3rd & 6th Floor, World Mark1, Indira Gandhi Airport, Aerocity New Delhi.
Therefore, the total value of the securities held by the deceased for which succession certificate has been applied for, turns out to be Rs.26,82,237.15.
9.4. 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 petition. CONCLUSION:
10. In view of the aforesaid observations, this court holds that petitioner Smt.Kamla Uprety is entitled for grant of Succession Certificate U/s 373 of the Act in respect of the aforementioned securities having total value of Rs. 26,82,237.15 (Rupees Twenty Six Lakhs Eighty Two Thousand Two Hundred Thirty Seven and Fifteen paisa only) alongwith interest, if any, accrued thereupon.
Page no.7 of 8 Smt. Kamla Uprety vs. The State & Anr. SC51/16
11. Accordingly, succession certificate be issued to the petitioner Smt. Kamla Uprety 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, disposed of.
File be consigned to record room, after due diligence.
Announced in the open court (Dheeraj Mor) today i.e on 08.05.18 ACJ/CCJ/ARC:South West District Digitally signed by DHEERAJ Dwarka Courts: New Delhi.
DHEERAJ MOR
MOR Date:
2018.05.09
15:35:29 +0530
Page no.8 of 8 Smt. Kamla Uprety vs. The State & Anr.
SC51/16
SC51/16
DLSW030011322016
Kamla Uprety vs. State & ors.
08.05.18
Present: Sh. Braj Bhushan Lal, ld. Counsel for the petitioner
alongwith petitioner.
Sh. Rishi Raj, ld. Counsel alongwith summoned witness Sh. Sandeep Anand, Manager (legal) Ernst and Young LLP, 3rd & 6th Floor, World Mark1, Indira Gandhi Airport, Aerocity New Delhi.
PW6 Sh. Sandeep Anand is examined and discharged. At request, petitioner as well as respondent evidence are closed.
Final arguments are heard. The case file is carefully perused.
By virtue of separate Judgment of even date announced in the open court, succession certificate be issued to petitioner Smt. Kamla Uprety in respect of debts and securities of deceased Pushpendra Uprety, having total value of Rs. 26,82,237.15 (Rupees Twenty Six Lakhs Eighty Two Thousand Two Hundred Thirty Seven and Fifteen paisa only) alongwith interest, if any, accrued thereupon, as detailed in the judgment, 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.
File be consigned to record room, after due compliance.
(Dheeraj Mor) ACJCCJARC (SW) Dwarka Courts: 08.05.18 Page no.9 of 8 Smt. Kamla Uprety vs. The State & Anr. SC51/16