Delhi District Court
Sudhir Chritian Mitter And Anr vs State on 22 January, 2024
IN THE COURT OF SH. SIDDHANT SIHAG,
ACJ/ARC/CCJ- NEW DELHI DISTRICT, PATIALA
HOUSE COURTS, NEW DELHI
CNR No. : DLND03-001077-2023
Under Section : 372 of The Indian Succession Act, 1925
Sudhir Christian Mitter & Anr. versus State
a) Succession Court Case No. : 48/23
b) Name & address of the : 1. Sudhir Christian
petitioner Mitter
s/o Late Vishwa Mitter,
R/o Meer Wiesenstasse-
29, 68163, Mannheim,
Germany.
2. Sunita Elsa Mitter,
w/o Lars Mueller,
R/o Pappeiweg 2, 24217,
Schoenberg (Holestein),
Germany.
Both petitioners no. 1
and 2 represented
through Authorized
Representative
Sh. Asish Nischal.
c) Name & address of the : State
respondents Govt. of NCT of Delhi
through its Chief
Secretary,
New Secretariat,
I P Estates, New Delhi.
Succession Court Case No. 48/2023 Sudhir Christian Mitter & Anr. v. State Page 1 of 7
Date of Institution : 20.04.2023
Final arguments heard on : 22.01.2024
Judgment pronounced on : 22.01.2024
Petition under Section 372 of The Indian Succession Act, 1925
for grant of succession certificate in respect of the debts and
securities of deceased, Vishwa Mitter.
JUDGEMENT
1. The present petition has been filed by the petitioner through their Authorized Representative Sh. Asish Nischal for grant of succession certificate under section 372 of Indian Succession Act, 1925 (hereinafter referred to as the "Act"), in respect of debts and securities of deceased, Vishwa Mitter.
2. Factual Matrix: The case of the petitioners is that petitioner No. 1 and 2 are the son and daughter of the deceased Late Vishwa Mitter. It is averred that deceased, Vishwa Mitter died on 20.05.2021. It is further averred that the deceased was resident of Ketsch, Germany. Further, it is averred that the deceased was survived by two legal heirs that are, the petitioner No. 1 and 2 (both son and daughter of the deceased). It is further averred that the wife namely Urte Mitter Trapp of deceased predeceased him. The petitioners have approached this court through their Authorized Representative Sh. Ashish Nischal with Succession Court Case No. 48/2023 Sudhir Christian Mitter & Anr. v. State Page 2 of 7 the instant petition seeking grant of succession certificate in respect of debts and securities of the deceased that is, amount lying in bank account of deceased with Deutsche Bank.
3. Summoning of respondents and chain of subsequent events: Notice of the petition was ordered to be published in newspaper and accordingly, publication was done in newspaper titled as "Veer Arjun" and "The Statesman" but none appeared on behalf of public at large, to raise any objection to grant of succession certificate in favour of petitioner.
4. Pursuant to the notice, official on behalf of Deutshe Bank, K.G. Marg, New Delhi appeared and filed relevant record in respect of deceased late Vishwa Mitter.
5. Evidence adduced by petitioner: Petitioner have got examined Sh. Pranoy Roy, Assistant Manager, Deutsche Bank, K.G. Marg, New Delhi as PW1. He has deposed that he has brought summoned record i.e. statements of accounts No. 420002094790019 having balance Rs. 7,78,120.19/- and No. 410002094790019 having balance Rs. 1,23,119.91/- as Ex.PW1/1(colly) and certificate according to Bankers' Book Evidence Act as Ex.PW1/2.
Petitioners have also examined their Authorized Representative Sh. Asish Nischal as PW-2. He has tendered his Succession Court Case No. 48/2023 Sudhir Christian Mitter & Anr. v. State Page 3 of 7 evidence by way of an affidavit which is Ex. PW-2/A bearing his signatures at points A & B. PW-2 relied on the following documents:
i. Copy of my aadhar card as Ex.PW2/1 (OSR). ii. Apostile death certificate of Vishwa Mitter as Ex.PW2/2.
iii. Apostile passport alongwith ID of Late Vishwa Mitter as Ex.PW2/3 (colly).
iv. Apostile of death certificate of Urte Mitter (wife of deceased) as Ex.PW2/4.
v. Apostile of Power of Attorney executed by petitioner No. 1 as Ex.PW2/5.
vi. Apostile of Passport of petitioner No. 1 as Ex.PW2/6 (colly).
vii. Power of Attorney executed by petitioner no. 2 as Ex.PW2/7.
viii. Apostile Passport of petitioner No. 2 as Ex.PW2/8(colly).
PW2 has also relied upon the documents filed by PW1 in his testimony. He further deposed that he seeks succession certificate in respect of amount lying in bank accounts No. 420002094790019 and 410002094790019 in the name of the deceased maintained with Deutsche Bank.
Succession Court Case No. 48/2023 Sudhir Christian Mitter & Anr. v. State Page 4 of 76. Thereafter, petitioner's evidence was closed and final arguments were heard.
7. Arguments, Appreciation of Evidence and Reasons: I have heard learned counsel for the petitioner, perused the material placed on record and considered the submissions advanced.
8. In Madhvi Amma Bhawani Amma & Ors. v.
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 time-barred, 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".Succession Court Case No. 48/2023 Sudhir Christian Mitter & Anr. v. State Page 5 of 7
9. From the oral and documentary evidence on record, prima facie findings are as under:-
a) The deceased was resident of Ketsch, Germany.
However, the properties for which, the petition has been filed i.e. the bank accounts of the deceased pertained to Deutsche Bank, K.G. Marg Branch, New Delhi. The matter thus, falls within the jurisdiction of this court.
b) Deceased, late Vishwa Mitter had expired on 20.05.2021 leaving behind two legal heirs that is, petitioner No. 1 and 2 (son and daughter of the deceased).
10. Debts and Securities: The deceased died intestate qua debts and securities which are mentioned in the petition as well as in the testimonies of PW-1 and PW2. The same is amount lying with Deutsche Bank in account No. 420002094790019 having balance Rs. 7,78,120.19/- and No. 410002094790019 having balance Rs. 1,23,119.91/-.
11. Therefore, the total value of the abovementioned accounts held by the deceased for which succession certificate has been applied for is an amount of Rs. 9,01,240.10/-.
Succession Court Case No. 48/2023 Sudhir Christian Mitter & Anr. v. State Page 6 of 712. The aforesaid claim of the petitioners has gone unrebutted and none has appeared on behalf of the public to contest the claim of the petitioners. There is also no impediment under section 370 of the Act to grant succession certificate with respect to debts and securities as mentioned in the petition.
13. Conclusion: In view of the reasons spelled above, this court holds that petitioners are entitled to grant of succession certificate under section 373 of the Act in respect of securities of the deceased that is, amount of Rs. 9,01,240.10/- (Rupees Nine Lakhs One Thousand Two Hundred Forty and ten paisa Only) according to their share i.e. one half each. Petitioners are also entitled to interest/dividend/ bonus, if any, accrued thereupon.
14. Accordingly, succession certificate be issued to petitioners in the securities of the deceased on filing of corresponding court fees in terms of Article 12 Schedule-I of Court Fees Act, 1870 as applicable in Delhi and Indemnity-cum- surety bond of the like amount within 30 days from today. Petition is accordingly, disposed of.
Digitally signed by SIDDHANT SIDDHANT SIHAG
Announced in the open SIHAG Date: 2024.01.22
court today i.e. 22.01.2024 19:56:34 +0530
Siddhant Sihag
ACJ/CCJ/ARC, NDD, PHC
NEW DELHI : 22.01.2024
Succession Court Case No. 48/2023 Sudhir Christian Mitter & Anr. v. State Page 7 of 7