Delhi District Court
Sh. Sunil Kumar Yadav vs The State (Nct Of Delhi) on 1 February, 2017
IN THE COURT OF ACJCCJARC, SHAHDARA, KARKARDOOMA COURTS,
DELHI
Presided By : Sh. Jay Thareja, DJS
SC No. 38/2016
Sh. Sunil Kumar Yadav
S/o Late Sh. Ram Kishan Yadav,
R/o H.No. A32, Gali No.3 (Hardev Puri),
West Nathu Colony, Shahdara,
Delhi110093. ...Petitioner
Versus
1. The State (NCT of Delhi)
Office of District Magistrate,
SDM Office Shahdara, Nand Nagri, Delhi110093.
2. Dr. Anil Kumar Yadav
S/o Late Sh. Ram Kishan Yadav,
R/o H.No. A32, Gali No.3,
Hardev Puri, West Nathu Colony,
Shahdara, Delhi110093.
3. Mrs. Leela Yadav
W/o Sh. Shambhu Dayal Yadav,
D/o Late Sh. Ram Kishan Yadav,
R/o H.No. 7364/5, Gali No.1,
2nd Floor, Brij Niwas,
Ravinder School, Prem Nagar,
Near Shakti Nagar, Delhi110007.
4. Mrs. Shashi Yadav
W/o Sh. Rao Ravinder Singh Yadav,
D/o Late Sh. Ram Kishan Yadav,
R/o H.No. C7, E 204, Akansha Appartment,
Ram Prastha, Near Central Market,
Chander Nagar, Distt. Ghaziabad (U.P.)
SC No.38/2016
Sunil Kumar Yadav v State & Ors.
Page no.1 of 8
5. Mrs. Anita Yadav
W/o Dr. Rajan Yadav,
D/o Late Sh. Ram Kishan Yadav,
R/o H.No. 547, 1st Floor,
West Parmanand Colony,
Near Geeta Mandir, Dr. Mukherjee Nagar,
Delhi110009.
6. Mrs. Munesh Devi
W/o Sh. Kali Charan Yadav,
D/o Late Sh. Ram Kishan Yadav,
R/o Village Shafipur Police Station Gangnahar,
Distt. Haridwar247667 (U.K.) .... Respondents
PETITION FOR GRANT OF SUCCESSION CERTIFICATE UNDER SECTION 372
OF THE INDIAN SUCCESSION ACT, 1925
1. Date of Institution of Petition : 01.06.2016
2. Judgment Reserved on : 01.02.2017
3. Date of Judgment : 01.02.2017
4. Decision : Petition Allowed
JUDGMENT
1. This Judgment disposes off a petition filed by Sh. Sunil Kumar Yadav for grant of succession certificate in his favour qua 10 Kisan Vikas Patra(s) bearing no. 70 CD 578055 to 70 CD 578064 and 10 Kisan Vikas Patra(s) bearing no.28 BC 891366 to 28 BC 891375, left behind by Late Sh. Ram Kishan Yadav.
2. In the petition, it is interalia pleaded that Late Sh. Ram Kishan Yadav had expired on 05.03.2012; that at the time of his death, Late Sh. Ram Kishan Yadav was ordinarily residing within the territorial jurisdiction of this Court i.e. at H. No. A32, Gali No.3 (Hardev Puri), West Nathu Colony, Shahdara, Delhi110093; that the petitioner, Sh. Sunil Kumar Yadav is the son of Late Sh. Ram Kishan Yadav; that the SC No.38/2016 Sunil Kumar Yadav v State & Ors.
Page no.2 of 8 respondent no.2, Dr. Anil Kumar Yadav, respondent no.3, Mrs. Leela Yadav, respondent no.4, Mrs. Shashi Yadav, respondent no.5, Mrs. Anita Yadav and respondent no.6, Mrs. Munesh Devi are the other children of Late Sh. Ram Kishan Yadav; that Smt. Satto Devi, wife of Late Sh. Shiv Charan Dass had died on 19.07.2009; that apart from the petitioner, Sh. Sunil Kumar Yadav and the respondent no.2, Dr. Anil Kumar Yadav, respondent no.3, Mrs. Leela Yadav, respondent no.4, Mrs. Shashi Yadav, respondent no.5, Mrs. Anita Yadav and respondent no.6, Mrs. Munesh Devi, there are no other surviving legal heirs of Late Sh. Ram Kishan Yadav and that there is no legal impediment in the grant of the desired succession certificate to the petitioner, Sh. Sunil Kumar Yadav.
3. The record of the Court file reflects that the notice of this petition was given to the general public by way of publication in the newspaper 'Rashtriya Sahara' on 10.09.2016. In response to the notice, no person from the general public had come forward to offer any objection(s) qua grant of succession certificate to the petitioner.
4. During the summary proceedings conducted as per Section 373 of the Indian Succession Act, 1925, seven persons were examined viz. PW1 Sh. Sunil Kumar Yadav, PW2 Sh. Mahender Kumar Sharma, RW2 Dr. Anil Kumar Yadav, RW3 Smt. Leela Yadav, RW4 Smt. Shashi Yadav, RW5 Smt. Anita Yadav and RW6 Smt. Munesh Devi.
5. During his testimony, PW1 Sh. Sunil Kumar Yadav had deposed in line with the petition. In support of his testimony, PW1 Sh. Sunil Kumar Yadav had relied upon documents viz. death certificate of Late Sh. Ram Kishan Yadav, SC No.38/2016 Sunil Kumar Yadav v State & Ors.
Page no.3 of 8 Ex.PW1/A, death certificate of Late Smt. Satto Devi, Ex.PW1/B(OSR), Kisan Vikas Patra(s) of Rs.10,000/ each, Ex.PW1/C(OSR) to Ex.PW1/L(OSR), Kisan Vikas Patra(s) of Rs.5,000 each, Ex.PW1/M(OSR) to Ex.PW1/V(OSR), aadhar card, Ex.PW1/W(OSR) and surviving members certificate, Ex.PW1/X(OSR).
6. During his testimony, PW2 Sh. Mahender Kumar Sharma, Sub Post Master, Shahdara Post Office, Delhi32 had deposed that as per their records, there are 20 Kisan Vikas Patra(s), having maturity value of Rs.3,22,000/ upto 02.06.2016 existing in the name of Late Sh. Ram Kishan Yadav at Shahdara Post Office, Delhi. In support of his testimony, PW2 Sh. Mahender Kumar Sharma had relied upon his ID card, Ex.PW2/A(OSR) and report, Ex.PW2/B.
7. During his testimony, RW2 Dr. Anil Kumar Yadav had deposed that apart from Sh. Sunil Kumar Yadav, Smt. Leela Yadav, Smt. Shashi Yadav, Smt. Anita Yadav and Smt. Munesh Devi, there are no other children of Late Sh. Ram Kishan Yadav; that his mother, Late Smt. Satto Devi had expired on 19.07.2009 and that he has no objection if the desired succession certificate, is granted in favour of his brother i.e. the petitioner, Sh. Sunil Kumar Yadav. In support of his testimony, RW2 Dr. Anil Kumar Yadav had relied upon his aadhar card, Ex.RW2/A(OSR).
8. During her testimony, RW3 Smt. Leela Yadav had deposed that apart from Dr. Anil Kumar Yadav, Sh. Sunil Kumar Yadav, Smt. Shashi Yadav, Smt. Anita Yadav and Smt. Munesh Devi, there are no other children of Late Sh. Ram Kishan Yadav; that her mother, Late Smt. Satto Devi had expired on 19.07.2009 and that she has no objection if the desired succession certificate, is granted in favour of her brother i.e. the petitioner, Sh. Sunil Kumar Yadav. In support of her testimony, RW3 SC No.38/2016 Sunil Kumar Yadav v State & Ors.
Page no.4 of 8 Smt. Leela Yadav had relied upon her aadhar card, Ex.RW3/A(OSR).
9. During her testimony, RW4 Smt. Shashi Yadav had deposed that apart from Dr. Anil Kumar Yadav, Sh. Sunil Kumar Yadav, Smt. Leela Yadav, Smt. Anita Yadav and Smt. Munesh Devi, there are no other children of Late Sh. Ram Kishan Yadav; that her mother, Late Smt. Satto Devi had expired on 19.07.2009 and that she has no objection if the desired succession certificate, is granted in favour of her brother i.e. the petitioner, Sh. Sunil Kumar Yadav. In support of her testimony, RW3 Smt. Shashi Yadav had relied upon her aadhar card, Ex.RW4/A(OSR).
10. During her testimony, RW5 Smt. Anita Yadav had deposed that apart from Dr. Anil Kumar Yadav, Sh. Sunil Kumar Yadav, Smt. Leela Yadav, Smt. Shashi Yadav and Smt. Munesh Devi, there are no other children of Late Sh. Ram Kishan Yadav; that her mother, Late Smt. Satto Devi had expired on 19.07.2009 and that she has no objection if the desired succession certificate, is granted in favour of her brother i.e. the petitioner, Sh. Sunil Kumar Yadav. In support of her testimony, RW5 Smt. Anita Yadav had relied upon her aadhar card, Ex.RW5/A(OSR).
11. During his testimony, RW6 Smt. Munesh Yadav had deposed that apart from Dr. Anil Kumar Yadav, Sh. Sunil Kumar Yadav, Smt. Leela Yadav, Smt. Shashi Yadav and Smt. Anita Yadav, there are no other children of Late Sh. Ram Kishan Yadav; that her mother, Late Smt. Satto Devi had expired on 19.07.2009 and that she has no objection if the desired succession certificate, is granted in favour of her brother i.e. the petitioner, Sh. Sunil Kumar Yadav. In support of her testimony, RW6 Smt. Munesh Yadav had relied upon her aadhar card, Ex.RW6/A(OSR).
SC No.38/2016Sunil Kumar Yadav v State & Ors.
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12. I had heard Sh. Rakesh Kumar Gupta, Ld. Advocate for the petitioner in the morning. During arguments, Ld. Advocate for the petitioner had referred to the testimonies of PW1 Sh. Sunil Kumar Yadav, RW2 Dr. Anil Kumar Yadav, RW3 Smt. Leela Yadav, RW4 Smt. Shashi Yadav, RW5 Smt. Anita Yadav and RW6 Smt. Munesh Devi and submitted that they are sufficient to conclude that Sh. Sunil Kumar Yadav, Dr. Anil Kumar Yadav, Smt. Leela Yadav, Smt. Shashi Yadav, Smt. Anita Yadav and Smt. Munesh Devi are the surviving legal heirs of Late Sh. Ram Kishan Yadav and that Dr. Anil Kumar Yadav, Smt. Leela Yadav, Smt. Shashi Yadav, Smt. Anita Yadav and Smt. Munesh Devi have no objection to the grant of the desired succession certificate to the petitioner, Sh. Sunil Kumar Yadav. Also, the Ld. Advocate for the petitioner had referred to the testimony of PW2 Sh. Mahender Kumar Sharma and submitted that it establishes that Late Sh. Ram Kishan Yadav has left behind 20 Kisan Vikas Patra(s), having maturity value of Rs.3,22,000/, upto 02.06.2016 at Shahdara Post Office, Delhi. On the combined strength of the aforesaid submissions, the Ld. Advocate for the petitioner had submitted that this Court should grant the succession certificate to the petitioner, Sh. Sunil Kumar Yadav in respect of 20 Kisan Vikas Patra(s) exists in the name of Late Sh. Ram Kishan Yadav at Shahdara Post Office, Delhi.
13. I have considered the submissions made by the Ld. Advocate for the petitioner. Also, I have perused the record of the Court file, particularly the testimonies of PW1 Sh. Sunil Kumar Yadav, PW2 Sh. Mahender Kumar Sharma, RW2 Dr. Anil Kumar Yadav, RW3 Smt. Leela Yadav, RW4 Smt. Shashi Yadav, RW5 Smt. Anita Yadav and RW6 Smt. Munesh Devi. The testimonies of PW1 Sh. Sunil Kumar Yadav, RW2 Dr. Anil Kumar Yadav, RW3 Smt. Leela Yadav, RW4 Smt. Shashi SC No.38/2016 Sunil Kumar Yadav v State & Ors.
Page no.6 of 8 Yadav, RW5 Smt. Anita Yadav and RW6 Smt. Munesh Devi, prove that Sh. Sunil Kumar Yadav, Dr. Anil Kumar Yadav, Smt. Leela Yadav, Smt. Shashi Yadav, Smt. Anita Yadav and Smt. Munesh Devi are the surviving legal heirs of Late Sh. Ram Kishan Yadav and that Dr. Anil Kumar Yadav, Smt. Leela Yadav, Smt. Shashi Yadav, Smt. Anita Yadav and Smt. Munesh Devi have no objection if the desired succession certificate is granted to the petitioner, Sh. Sunil Kumar Yadav. The testimony of PW2 Sh. Mahender Kumar Sharma proves that there are 20 Kisan Vikas Patra(s), having maturity value of Rs.3,22,000/, upto 02.06.2016 at Shahdara Post Office, Delhi in the name of Late Sh. Ram Kishan Yadav. In view of the aforesaid, in my view, there exists no impediment in grant of succession certificate in favour of the petitioner, Sh. Sunil Kumar Yadav qua 20 Kisan Vikas Patra(s) existing in the name of Late Sh. Ram Kishan Yadav at Shahdara Post Office, Delhi, as per report, Ex.PW2/B. Accordingly, it is directed that succession certificate be issued in favour of the petitioner, Sh. Sunil Kumar Yadav in respect of 20 Kisan Vikas Patra(s), existing in the name of Late Sh. Ram Kishan Yadav at Shahdara Post Office, Delhi, as per report, Ex.PW2/B and having maturity value of Rs.3,22,000/, upto 02.06.2016. The petitioner, Sh. Sunil Kumar Yadav shall file the requisite Court fees and indemnity bond with one surety, within 15 days from today.
14. The succession certificate shall be considered only as an entitlement of the petitioner Sh. Sunil Kumar Yadav to receive the amount due towards Late Sh. Ram Kishan Yadav at Shahdara Post Office, Delhi. The succession certificate shall not be considered as a direction to Post Master, Shahdara Post Office, Delhi to release the aforesaid amount to the petitioner, Sh. Sunil Kumar Yadav. The Post Master, Shahdara Post Office, Delhi shall be competent to seek compliance of formalities, if any to be fulfilled by petitioner, Sh. Sunil Kumar Yadav for release of the SC No.38/2016 Sunil Kumar Yadav v State & Ors.
Page no.7 of 8 aforesaid amount.
15. The case shall be taken up for filing of requisite Court fees and indemnity bond with one surety, by the petitioner, Sh. Sunil Kumar Yadav on 16.02.2017 Announced in the Open Court (Jay Thareja) On 01.02.2017 ACJCCJARC, Shahdara District Delhi.
SC No.38/2016Sunil Kumar Yadav v State & Ors.
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