Delhi District Court
Smt. Tinku @ Tinky (Eunuch By Birth) vs The State on 31 March, 2015
IN THE COURT OF SH. GAGANDEEP SINGH, ADMINISTRATIVE
CIVIL JUDGECUMARC (NORTH WEST) ROHINI COURTS, DELHI
Petition No. : SCC 110/14
Date of Institution : 10.09.2014
Date of arguments : 31.03.2015
Date of order : 31.03.2015
In the matter of:
Smt. Tinku @ Tinky (Eunuch by Birth)
D/o. Late Abhiram Chouhan
R/o. J390, Lakhi Park, T Huts,
Opp. J & K Block, Jahangirpuri,
Delhi.
....Petitioner
Versus
1. The State
NCT of Delhi
2. Manager
Indian Bank, Branch Shantiniketan,
Delhi. ....Respondents
J U D G M E N T:
1. Vide this judgment, I shall dispose off the petition filed under section 372 of the Indian Succession Act, 1925 for obtaining succession certificate in respect of debts/securities etc of Late Smt. Mahendri Devi W/o. Sh. Abhiram SCC No. 110/14 Tina @ Tinku vs. State & Anr. 1 Chouhan (deceased).
2. The relevant facts for the disposal of the present petition are that mother of the petitioner expired on 05.05.2013. She was ordinarily residing at A144, Shakurpur, Delhi110 034. It is stated that the deceased had left behind the petitioner/daughter as her only legal heir. Father of the petitioner expired on 05.08.2008.
The present petition has been filed for the grant of succession certificate in respect of the following debts and securities lying in the name of the deceased.
S.No Description Branch Amount (Rs)
1. Account No. 451452884 Shantiniketan, DDA Rs. 81,382 As on
Market, Delhi 12.11.2013 and
IFSC Code No. interest upto till
IDIB000S017 date
CIF No. 0151475904
It is further pleaded that deceased had not executed any will and thus there is no impediment in grant of succession certificate in favour of the petitioner in respect of above said account.
3. General public was served through publication in daily newspaper 'Viraat Vaibhav' dated 20.11.2014 but none appeared from general public to oppose SCC No. 110/14 Tina @ Tinku vs. State & Anr. 2 or contest the present petition. The WS was filed on behalf of respondent no. 2 regarding the balance amount with respect to saving bank account no. 451452884, Indian Bank, Shantiniketan Branch, Delhi.
4. In support of her petition, petitioner examined herself as PW1 and tendered her evidence by way of affidavit Ex. PW1/A. She also relied upon documents i.e. death certificate of Smt. Mahendri Devi as Ex. PW1/A, election identity card as Ex. PW1/2 & copy of passbook as Ex.PW1/3. She also relied upon documents i.e Mark A which is copy of death certificate of Sh. Abhiram Chouhan. She also relied upon the account statement submitted by respondent no. 2 as Ex. PW1/4.
5. Heard.
6. Considering the above stated facts, this Court is of the opinion that there is no impediment in grant of Succession Certificate in favour of petitioner being the legal heir in respect of following debts and securities lying in the name of the deceased Late Smt. Mahendri Devi.
S.No Description Branch Amount (Rs)
1. Account No. 451452884 Shantiniketan, DDA Rs. 84,670 As on Market, Delhi 18.11.2013 and IFSC Code No. interest upto till IDID000S017 date SCC No. 110/14 Tina @ Tinku vs. State & Anr. 3 CIF No. 0151475904
7. Accordingly, Succession Certificate is ordered to be issued in favour of the petitioner on furnishing of an Indemnity Bond of the same value with one surety of like amount within one month from today. Petitioner to file court fees for issuance of succession certificate.
File be consigned to Record Room.
Announced in the open court (Gagandeep Singh)
on 31.03.2015 ACJCUMARC NORTHWEST
ROHINI COURTS, DELHI
This judgment contains four pages & each page has been signed by me. SCC No. 110/14 Tina @ Tinku vs. State & Anr. 4 Suit No. 110/14 Tina @ Tinku vs. State & Anr.
31.03.2015 Present: Ld. counsel for petitioner Final arguments heard.
Vide separate judgment of even date, petition filed u/s 372 of the Indian Succession Act, 1925 on behalf of the petitioner is allowed and disposed off.
File be consigned to Record Room.
(GAGANDEEP SINGH) ACJcumARC (North West) Rohini Courts, Delhi/31.03.2015 SCC No. 110/14 Tina @ Tinku vs. State & Anr. 5