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Delhi District Court

Sonam vs State Of Nct Delhi And Ors on 4 April, 2025

    IN THE COURT OF MS. SWAYAM SIDDHA TRIPATHY,
   ADMINISTRATIVE CIVIL JUDGE-CUM-COMMERCIAL
 CASES JUDGE-CUM-ADDITIONAL RENT CONTROLLER,
          SOUTH WEST DISTRICT, DWARKA COURTS,
                                  NEW DELHI


CNR No. DLSW030019722023




            SONAM V. STATE OF NCT DELHI & ORS.
a) Succession Court Case No. : 120/2023
b) Name & address of the                : Smt. Sonam
   petitioner                             W/o Late Sh. Ketan Yadav
                                          R/o 182, Badi Patti,
                                          Paprawat, South West,
                                          Delhi-110043.

c) Name & address of the                : 1. State of NCT of Delhi
   respondents                            Through SDM (South West
                                          Delhi)

                                          2. Director (A/c) CRPF
                                          Home Affairs,
                                          Office at: PSP, Plot no. 14,
                                          Rohini, Sector-23,
                                          Delhi-110086.
                                                                                        Digitally
                                                                                        signed by

                                          3. Office of Police Deputy                    SWAYAM
                                                                               SWAYAM SIDDHA
                                                                               SIDDHA   TRIPATHY

                                          Commissioner,                        TRIPATHY Date:
                                                                                        2025.04.04
                                                                                        17:23:12
                                          Group Centre, Central Reserve                 +0530




Succ. Court 120/2023
Sonam v. State of NCT of Delhi & Ors.
Judgment dated 04.04.2025                                          Page 1/16
                                         Police Force, Jharoda Kalan,
                                        New Delhi-110072.

                                        4. Smt. Sumitra Devi
                                        W/o Late Sh. Rajpal
                                        R/o 182, Badi Patti,
                                        Paprawat, South West,
                                        Delhi-110043.

                                        5. Dishant Yadav (minor)
                                        Through his mother/petitioner
                                        R/o 182, Badi Patti,
                                        Paprawat, South West,
                                        Delhi-110043.


      Date of Institution of petition               :    12.07.2023
      Date of pronouncement of judgment             :    04.04.2025


Petition under section 372 of The Indian Succession Act, 1925
for grant of succession certificate in respect of the debts &
securities of deceased, Late Shri Ketan Yadav.


                                 JUDGMENT

1. The Case 1.1 . The present petition has been filed by the petitioner for grant of Succession Certificate under Section 372 of The Indian Succession Act, 1925 (hereinafter, referred to as the "Act"), in respect of debts and securities of the deceased namely Late Shri Ketan Yadav.

SWAYAM SIDDHA TRIPATHY Digitally signed by SWAYAM SIDDHA TRIPATHY Date: 2025.04.04 17:23:20 +0530 Succ. Court 120/2023 Sonam v. State of NCT of Delhi & Ors.

2. Petitioner's case:

2.1 . The case of the petitioner is that deceased expired on 21.01.2021 and was the resident of House No. 182, Badi Patti, Paprawat, Village Najafgarh, Delhi-110043. It is stated that deceased was employed with Central Reserve Police Force and was survived by three Class-I legal heirs i.e., petitioner who is stated to be the wife of the deceased, respondent no. 4 who is stated to be the mother of the deceased and respondent no. 5 who is stated to be the minor son of the deceased.

2.2 . The petitioner has approached this Court with the instant petition seeking grant of Succession Certificate in respect of the debts and securities of the deceased i.e. gratuity amount vide PPO no. 23903-21-12388 held with Director (A/c) CRPF, Home Affairs, PSP Plots, Plot No. 14, Sector-23, Rohini, New Delhi-110086. The petitioner has also sought succession certificate for issuance of family pension, held with Deputy Commissioner, Group Centre, CRPF, Jharoda Kalan, Delhi.

3. Summoning of the Respondents:

3.1 . Notice of the petition was ordered to be published in newspaper and accordingly, publication was effected through newspaper titled as "Veer Arjun" dated SWAYAM 04.08.2023. SIDDHA TRIPATHY Digitally signed by SWAYAM SIDDHA Succ. Court 120/2023 TRIPATHY Date: 2025.04.04 Sonam v. State of NCT of Delhi & Ors. 17:23:33 +0530 Judgment dated 04.04.2025 Page 3/16

4. Respondent's Case:

4.1 . Pursuant to the notice, respondent no. 4 appeared before the court and submitted that she has no objection to the grant of succession certificate in favour of the petitioner. Her statement was recorded separately to this effect on 12.07.2023.

4.2 . In response to the notice, reply was sent on behalf of respondent no. 2 wherein it is stated that the concerned HOO i.e. Group Centre, CRPF, New Delhi is the competent authority to submit a reply/defend the case and they have informed the Group Centre, who will look into the matter.

4.3 . Pursuant to notice, official appeared on behalf of respondent no. 3 and filed written statement wherein it is mentioned that Late Sh. Ketan Yadav was appointed in CRPF on 26.02.2003. As per records, he had nominated his mother Smt. Sumitra Devi as NOK in the nomination forms on his appointment in CRPF. Later on, he was invalidated out from service w.e.f. 19.04.2014 (A/N) as he was suffering from alcohol dependence syndrome with poor motivation.

4.4 . Further, the deceased furnished the details of family members in the required nomination form on 16.05.2003, wherein the name of his parents and sisters are mentioned.

After the death of the deceased, Smt. Sonam filed an application for grant of family pension being the legally Digitally signed by SWAYAM SWAYAM SIDDHA wedded wife, however, she did not file any proof of SIDDHA TRIPATHY TRIPATHY Date:

2025.04.04 17:23:41 +0530 Succ. Court 120/2023 Sonam v. State of NCT of Delhi & Ors.

marriage nor the deceased had submitted any information regarding his marriage with Smt. Sonam. Upon enquiry, it was found that the deceased had separated from his first wife Smt. Rajesh Kumari vide divorce deed dated 02.07.2014 and he solemnized second marriage with Smt. Sonam. A son namely Nishant Yadav was born out of their wedlock on 16.01.2016. Remaining averments have been denied.

5. Petitioner' s Evidence:

5.1 . To prove her case, the petitioner firstly examined herself as PW-1 and tendered her evidence by way of affidavit vide Ex. PW-1/1. PW-1 relied upon the following documents:

Sl. Exhibits/Mark Details of Documents No.

1. Ex. PW-1/A Copies of Aadhar (Colly.) (OSR) Card and death certificate of deceased Late Sh. Ketan Yadav.

2. Ex. PW-1/B (OSR) Copy of the letter no.

(Colly. two pages) 3114 dated 05.08.2021 issued by Pay & Accounts Officer (Pension), CRPF, MHA, Rohini, Sector Digitally signed by 23, New Delhi. SWAYAM SWAYAM SIDDHA TRIPATHY SIDDHA TRIPATHY Date:

2025.04.04 17:23:48 +0530 Succ. Court 120/2023 Sonam v. State of NCT of Delhi & Ors.

3. Ex. PW-1/C (OSR) Copy of her Aadhar Card.

4. Ex. PW-1/D Downloaded copy of the Surviving Member Certificate.

5.2 . PW-1 deposed that deceased Late Sh. Ketan Yadav was working in CRPF as a constable and she has sought succession certificate in respect of gratuity of Rs.

1,11,430.00/- and arrears of pension alongwith medical allowance w.e.f. 20.4.2014 to 31.01.2021 amounting to Rs. 11,10,202.00/- held with Pay & Accounts Officer (Pension), CRPF, MHA, Rohini, Sector 23, New Delhi. 5.3 . In her cross-examination by Counsel for respondent no. 3, PW-1 deposed that she was married to the deceased on 03.12.2014. She admitted that it was the second marriage of the deceased and he did not mention her name and name of his son in his service book. She also admitted that she has not placed on record her marriage certificate and marriage card to prove her marriage with deceased. She lastly deposed that she has not filed any documents regarding divorce of deceased from his first wife. 5.4 . After closing of evidence, the petitioner was again permitted by the court to lead additional evidence to establish her marriage with the deceased. The petitioner then examined her brother-in-law Sh. Naveen Kumar as SWAYAM SIDDHA TRIPATHY Digitally signed by SWAYAM SIDDHA TRIPATHY Succ. Court 120/2023 Date: 2025.04.04 17:24:01 +0530 Sonam v. State of NCT of Delhi & Ors.

PW-2 who tendered his evidence by way of affidavit vide Ex. PW-2/1. He relied upon copy of his Aadhar Card Ex. PW-2/A (OSR) and four photographs Mark A (Colly). He admitted in his cross-examination that the petitioner is the second wife of the deceased. The deceased was the brother of his wife and he had divorced his first wife. He relied upon the certified copy of the divorce petition Ex. PW-2/X-1 as proof of divorce. PW-1 further deposed that the second marriage took place in the month of December 2014. He denied that he was not present at the time of marriage between the petitioner and the deceased. 5.5 . Thereafter, petitioner examined her mother as PW-3 Smt. Kanti Devi who tendered her evidence by way of affidavit vide Ex. PW-3/1. She relied upon copy of her Aadhar Card Mark X and four photographs Mark Y (Colly). She was cross-examined in the same lines as that of PW-2. She additionally deposed that the second marriage took place on 03.12.2014 and she was present in the ceremony. 5.6 . Lastly, the petitioner examined respondent no. 4/Smt. Sumitra Devi as PW-4. In her examination-in-chief, she deposed that she is the mother of the deceased who expired on 21.01.2021. The petitioner is the second wife of the deceased and they got married in the month of December 2014. She was present at the time of marriage of petitioner and the deceased. The deceased divorced his first wife in the year 2013. The deceased was survived by a son namely SWAYAM SIDDHA TRIPATHY Digitally signed by SWAYAM SIDDHA TRIPATHY Succ. Court 120/2023 Date: 2025.04.04 17:24:11 +0530 Sonam v. State of NCT of Delhi & Ors.

Dishant Yadav born on 16.01.2016, out of the wedlock with the petitioner.

5.7 . In her cross-examination, PW-4 deposed that she did not know if the divorce was finalized in the year 2014 and not 2013. She denied that she was not present at the time of marriage between the petitioner and the deceased. 5.8 . Thereafter, petitioner's evidence was closed vide order dated 06.03.2025.

6. Respondent's Evidence:

6.1 . Respondent no. 3 examined Assistant Commandant (Min) Surender Singh as RW-1 who tendered his evidence by way of affidavit vide Ex. RW1/A. He relied upon copy of office record pertaining to the deceased Ex. RW-1/1 (OSR) (Colly).

6.2 . In his cross-examination, RW-1 deposed that the deceased was sanctioned pension inspite of his medical disability. He admitted that the details of the family members can be changed and modified by the employee after his retirement. He clarified that the deceased was invalidated n the year 2014 and he had filled the pension form in the year 2020. He deposed that after the death of pensioner, the family pension shall be awarded to the legally wedded wife or in her absence, dependent children. 6.3 . No evidence was led by remaining respondents.

SWAYAM Accordingly, RE was closed vide order dated 10.01.2025. SIDDHA TRIPATHY Digitally signed by SWAYAM SIDDHA TRIPATHY Date: 2025.04.04 17:24:19 +0530 Succ. Court 120/2023 Sonam v. State of NCT of Delhi & Ors.

7. Final Arguments:

7.1 . During the course of final arguments, it was submitted by Counsel for petitioner that the petitioner seeks succession certificate in respect of debts and securities of the deceased which are the gratuity amount of Rs. 1,11,430.00/- and arrears of pension alongwith medical allowance w.e.f. 20.04.2014 to 31.01.2021 to the tune of Rs. 11,10,202.00/-

held with Pay & Accounts Officer (Pension), CRPF, MHA, Rohini, Sector 23, New Delhi. Respondent no. 4 being the mother of the deceased gave her no objection to the claim of the petitioner. Furthermore, none on behalf of public raised any objection to the present petition. Thus, it was finally prayed that Succession Certificate be issued in favour of the Petitioner and share of respondent no. 5 who is the minor son of the deceased be awarded in favour of his natural guardian/mother.

7.2 . On the other hand, Counsel for respondent no. 3 argued that as per their record, deceased did not submit any documents to show that he was married with petitioner and from their wedlock, one son was born. Counsel for respondent no. 3 has submitted that even petitioner did not submit any proof that she is the legally wedded wife of the deceased whereas, deceased had mentioned his mother Smt. Sumitra Devi as his nominee at the time of furnishing Invalidated Pension Papers on 07.08.2020. 7.3 . Heard the final arguments advanced by Counsel for the petitioner and Counsel for respondent no. 3. This Court has Digitally signed by SWAYAM SWAYAM SIDDHA SIDDHA TRIPATHY TRIPATHY Date:

2025.04.04 Succ. Court 120/2023 17:24:26 +0530 Sonam v. State of NCT of Delhi & Ors.

carefully perused the evidence on record in light of the contents of the petition and the replies thereto. This Court has also considered the oral submissions advanced by Counsel for both parties.

8. Appreciation and Findings:

8.1 . The petitioner has filed the present petition under Section 372 of the Indian Succession Act, 1925 in respect of debts and securities of deceased i.e. gratuity amount, arrears of pension and medical allowance w.e.f. 20.04.2014 to 31.01.2021 held with respondent no. 2 and 3 as he was employed therein.

8.2 . The petitioner has claimed to be the legally wedded wife of the deceased and the respondent no. 5 is their minor son.

She has relied upon her Aadhar Card Ex. PW-1/C and death certificate of the deceased Ex. PW-1/A which mentions her name as the wife. The Surviving Member Certificate Ex. PW-1/D also reflects her name as well as name of her son as the surviving legal heirs apart from the name of respondent no. 4. PW-2 to PW-4 also corroborated the factum of marriage between the deceased and the petitioner and also deposed on Oath that they were present at the time of the marriage. The petitioner has also relied upon the certified copy of divorce petition Ex. PW-2/X-1 to prove that the marriage between the deceased and his SWAYAM SIDDHA first wife was dissolved vide order dated 02.07.2014 TRIPATHY Digitally signed by passed by Ld. ADJ, Jhajjar, Haryana.

SWAYAM SIDDHA TRIPATHY Date: 2025.04.04 17:24:34 +0530 Succ. Court 120/2023 Sonam v. State of NCT of Delhi & Ors.

8.3 . The respondent no. 3 has objected to the claim of the petitioner on the ground that the factum of their marriage was not mentioned by the deceased in his service records. 8.4 . It be noted that the petitioner's claim rests on her status as a Class I legal heir under the Hindu Succession Act, which prioritizes the spouse in matters of inheritance, especially where the deceased has died intestate. In this case, the deceased died intestate on 21.01.2021, without leaving any testamentary disposition of his assets, thus making the petitioner's claim, one based on statutory rights. 8.5 . As per the Hindu Succession Act, the hierarchy of heirs clearly places the spouse, along with children and mother, within the Class I category, giving them priority in matters of inheritance. Given the legal standing of the petitioner as the deceased's wife, she falls within the foremost category of heirs, with a preferential right to inherit in the absence of other competing heirs of the same class. 8.6 . The petitioner has provided substantial evidence to establish her status as the legally wedded wife of the deceased and the same is also corroborated by the testimony of the mother of the deceased. The petitioner has also established that the first marriage of the deceased had already dissolved prior to solemnization of their marriage. 8.7 . Moreover, there are no counterclaims challenging the legitimacy of her marriage or her legal standing as his SWAYAM SIDDHA wife. The legal presumption under the Hindu Succession TRIPATHY Digitally signed by Act is that, as a surviving spouse, the petitioner is SWAYAM SIDDHA TRIPATHY Date: 2025.04.04 17:24:41 +0530 Succ. Court 120/2023 Sonam v. State of NCT of Delhi & Ors.

inherently entitled to her husband's estate unless proven otherwise by compelling evidence. 8.8 . It is pertinent to consider the nature of the service benefits in question. Service benefits such as pension, provident fund, gratuity, leave encashment, and medical benefits are typically structured to support the family of the deceased employee, with the spouse or dependent children being considered the primary beneficiaries in accordance with the intent behind these benefits. The objective of such benefits is to provide financial security and continuity of support to the family members who were directly dependent on the deceased during his lifetime. In this context, the petitioner, as the legally wedded wife, is the direct beneficiary of these benefits, reinforcing her right to claim them.

8.9 . So far as the objection of respondent no. 3 that in their record, the deceased did not mention the name of her wife and son as legal heirs whereas deceased had nominated his mother as NOK in the nomination forms on his appointment in CRPF, is concerned, it is not mandatory to mention the name of legal heirs by the employee in the nomination form to enable them to receive the service benefits.

8.10 .Moreover, it is well settled that nomination is not in a nature of Will and does not provide the nominee with SWAYAM ownership rights and succession certificate shall prevail SIDDHA TRIPATHY over the nomination. Reliance is placed upon the judgment Digitally signed by SWAYAM SIDDHA TRIPATHY Date: 2025.04.04 17:24:49 +0530 Succ. Court 120/2023 Sonam v. State of NCT of Delhi & Ors.

passed by the Hon'ble Supreme Court in Sarbati Devi v. Usha Devi, 1984 SCR(1) 992 and Shakti Yezdani & Anr. v. Jayanand Jayant Salgaonkar & Ors. in Civil Appeal no. 7107 of 2017. Therefore, a nominee's role does not supersede the rights of legal heirs and the nominee would not inherit the securities of the deceased to the exclusion of all the legal heirs on the basis of nomination. 8.11 . In view of these reasons, this court is of the considered opinion that mother as well as wife and son of the deceased are the Class-I legal heirs of the deceased. However, mother of the deceased/respondent no. 4 had already relinquished her share in favour of the petitioner and the minor son/respondent no. 5 is also claiming his share through his mother/petitioner. 8.12 .The deceased died intestate qua debts and securities which are mentioned in the petition as well as in the testimony of PW-1. The details of the securities of the deceased held with respondent no. 2 and 3 are as under:

        S.No. Securities                       Amount (Rs.)
        1.        Gratuity vide PPO no.        Rs. 1,11,430/-
                  23903-21-12388.
        2.        Pension arrear alongwith     Rs. 11,10,202/-
                  medical allowance w.e.f.
                  20.04.2014 to 31.01.2021
                  vide PPO no. 23903-21-
                  12388.
                                                                          SWAYAM
                  Total                        Rs. 12,21,632/-            SIDDHA
                                                                          TRIPATHY
                                                                          Digitally signed by
                                                                          SWAYAM SIDDHA
                                                                          TRIPATHY
                                                                          Date: 2025.04.04
                                                                          17:24:57 +0530




Succ. Court 120/2023
Sonam v. State of NCT of Delhi & Ors.
Judgment dated 04.04.2025                                    Page 13/16

8.13 .Therefore, the total value of the securities held by the deceased for which Succession Certificate has been applied for is Rs. 12,21,632/-.

8.14 .At this juncture, it is relevant to mention the case of Madhvi Amma Bhawani Amma & Ors. v. Kunjikutty Pillai Meenakshi, AIR 2000 SC 2301, 2000 (3) ALT 35 SC, 2001 (49) BLJR 813, wherein, 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".

8.15 .From the oral and documentary evidence on record, prima facie it can be said that the deceased was the resident of House no. 182, Badi Patti, Village Paprawat, Najafgarh, Delhi, which is reflected in the death certificate Ex. SWAYAM SIDDHA PW-1/A. Thus, the matter falls within the territorial TRIPATHY Digitally signed by SWAYAM SIDDHA TRIPATHY Date: 2025.04.04 17:25:05 +0530 Succ. Court 120/2023 Sonam v. State of NCT of Delhi & Ors.

jurisdiction of this Court. The deceased who expired on 21.01.2021 was survived by three Class-I legal heirs i.e. petitioner (wife), respondent no. 4 (mother) and respondent no. 5 (minor son). The petitioner has been able to establish her claim by way of proving the documents and through her cross-examination.

8.16 .None on behalf of the public contested the claim of the petitioner or cross-examined the witnesses. There is also no impediment under Section 370 of the Act for grant Succession Certificate with respect to debts and securities as mentioned in the petition. Furthermore, the deposition of PW-1 to PW-4 and the documents relied upon by the said witnesses stand established.

9. Relief:

9.1 . In view of the aforesaid reasons, this Court holds that petitioner is entitled to grant of Succession Certificate under Section 373 of the Act in respect of debts and securities of the deceased amounting to Rs. 12,21,632/-

(Rupees Twelve Lakh Twenty One Thousand Six Hundred Thirty Two Only) towards gratuity, arrears of pension and medical allowance w.e.f. 20.04.2014 to 31.01.2021 held with Pay and Accounts Officer (Pension), CRPF, MHA, Rohini, Sector-23, Delhi. (The details of the securities is mentioned in the table of para no. 8.12). SWAYAM SIDDHA TRIPATHY 9.2 . Petitioner is also entitled to interest/dividend/ Digitally signed by SWAYAM SIDDHA bonus/consequential benefits, if any, accrued thereupon.

TRIPATHY Date: 2025.04.04 17:25:13 +0530 Succ. Court 120/2023 Sonam v. State of NCT of Delhi & Ors.

9.3 . Petitioner is directed to invest an amount of Rs. 3,00,000/-

in a fixed deposit account in any Nationalized Bank in the name of respondent no. 5/Dishant Yadav, till he attains the age of majority. Petitioner is directed to file an undertaking in this regard alongwith indemnity bond. 9.4 . Accordingly, succession certificates be issued to petitioner on filing of separate corresponding court fees in terms of Article 12 Schedule I of Court Fees Act, 1870 as applicable in Delhi and Indemnity-cum-surety bond, within 30 days from today.

9.5 . Petition is accordingly, disposed of.

SWAYAM SIDDHA TRIPATHY Digitally signed by SWAYAM SIDDHA TRIPATHY Date: 2025.04.04 17:25:20 +0530 Pronounced in the open Court (Swayam Siddha Tripathy) on 04.04.2025. ACJ-CCJ-ARC, South West District, Dwarka Courts, New Delhi Succ. Court 120/2023 Sonam v. State of NCT of Delhi & Ors.