Delhi District Court
Smt. Chander Kanta vs State on 29 November, 2016
IN THE COURT OF Ms. HARLEEN SINGH, ACJ/CCJ/ARC(WEST),
TIS HAZARI COURTS, DELHI
SC No.: 23672/2016
Date of Institution : 06.02.2016
Date of decision : 29.11.2016
SMT. CHANDER KANTA
W/o Late Sh. Ashok Kumar Verma
R/o D/49-50, Arya Samaj Road,
Uttam Nagar, New Delhi. ... Petitioner
Versus
1. STATE
Through its Secretary Govt. of NCT of Delhi.
2. SH. DEEPAK KUMAR VERMA
S/o Late Sh. Ashok Kumar Verma
R/o D/49-50, Arya Samaj Road,
Uttam Nagar, New Delhi.
3. SMT. ARTI VERMA
D/o Late Sh. Ashok Kumar Verma
R/o J-188, Vishnu Garden,
New Delhi-110018. ... Respondents
JUDGMENT
1. The succession petition has been filed under Section 372 of Indian Succession Act, 1925 by petitioner Smt. Chander Kanta for grant of succession certificate in respect of debts and securities of deceased Sh. Ashok Kumar Verma S/o Sh. Baldev Raj Verma, who expired on 21.03.2014. The deceased has left behind his wife Smt. Chander Kanta, son Sh. Deepak Kumar Verma and daughter Smt. Aarti Verma only as Class-I legal heirs.
SC No. 23672/2016 Page 1 of 32. After filing the petition, notice of the petition was given to the general public by publication in the newspaper 'Veer Arjun' dated 22.02.2016 but none appeared from general public to oppose or contest the petition.
3. Statement of petitioner PW-1 Smt. Chander Kanta was recorded on 08.09.2016 wherein she stated that deceased Sh. Ashok Kumar Verma was her husband who expired on 21.03.2014. His original death certificate is EX.PW1/1. Sh. Baldev Raj Verma, father of deceased Sh. Ashok Kumar Verma and Smt. Krishna Wati, mother of deceased Sh. Ashok Kumar Verma expired on January, 2000 and September, 2010 respectively, however she does not have their death certificates as of now. Deceased Sh. Ashok Kumar Verma has left behind PW-1(petitioner herein), son Sh. Deepak Kumar Verma and daughter Smt. Aarti Verma only as Class-I legal heirs. There is no other Class-I legal heir except as stated above. The deceased Sh. Ashok Kumar Verma had not executed any Will during his life time.
PW-1 further stated that the deceased Sh. Ashok Kumar Verma had one FDR bearing No. 720178 of Bilcare Limited. Photocopy of the said FDR is Ex.PW1/2. Original of the same was returned after perusal. A letter issued by M/s Bilcare Limited asking for succession certificate in respect of said FDR is Ex.PW1/3.
PW-1 furnished copy of her voter card as proof of identity and the same is Ex.PW1/4. Original of the same was returned after perusal.
4. Statement of PW-1 Smt. Chander Kanta was again recorded on 09.09.2016 wherein she stated that she could not obtain the original death certificates of Sh. Baldev Raj Verma and Smt. Krishnawati, parents of her deceased husband Sh. Ashok Kumar Verma. PW-1 stated that they had expired on 11.01.2000 and 15.09.2011 respectively. She filed photocopy of their death certificates and the same are Mark-A and Mark-B. SC No. 23672/2016 Page 2 of 3
5. Statements of respondent no. 2 Sh. Deepak Kumar Verma and respondent no. 3 Smt. Arti Verma were recorded on 08.09.2016 whereby they filed their NOCs Ex.RW2/A and Ex.RW3/A in favour of their mother (petitioner herein) in respect of debts and securities of their deceased father Sh. Ashok Kumar Verma. Photocopy of their voter cards are Ex.RW2/1 and Ex.RW3/1. Originals of the same were returned after perusal.
6. It is pertinent to mention here that objections have not been filed on behalf of general public despite publication in the newspaper 'Veer Arjun' dated 22.02.2016.
7. In the facts and circumstances on record, petitioner Smt. Chander Kanta only shall be entitled in respect of debts and securities of the deceased Sh. Ashok Kumar Verma as per Ex.PW1/2 and Ex.PW1/3.
8. In view of the matter as discussed above, I am of the considered opinion that there is no impediment in grant of succession certificate in favour of petitioner Smt. Chander Kanta in respect of debts and securities of the deceased Sh. Ashok Kumar Verma as per Ex.PW1/2 and Ex.PW1/3. I accordingly direct that succession certificate be issued in the name of petitioner Smt. Chander Kanta in respect of debts and securities of the deceased Sh. Ashok Kumar Verma as per Ex.PW1/2 and Ex.PW1/3.
Court fees and indemnity bond with one surety be filed by the petitioner within 15 days.
Announced in the open court (Harleen Singh)
On this 29th day of November, 2016 ACJ/CCJ/ARC(West)
Tis Hazari Courts, Delhi
SC No. 23672/2016 Page 3 of 3