Delhi District Court
Md. Hanif vs . State & Anr. on 19 August, 2023
IN THE COURT OF SH. DEEPAK VATS
Administrative Civil Judge - Commercial Civil Judge
Additional Rent Controller
SouthEast, Saket Courts, Delhi
SC No.40/2023
Md. Hanif Vs. State & Anr.
MD HANIF
S/o Mitthu Luhar
R/o F91, BlockF, Hari Nagar Extension,
Jaitpur, Badarpur, New Delhi110044 .... Petitioner
Versus
1. State
Through
SubDivisional Magistrate (SDM)
SouthEast DM office Road, National Park,
Old Gargi College Building, Lajpat Nagar4
New Delhi110024.
2. State Bank of India
Through its Branch Manager
Branch: Badarpur, New Delhi44 .... Respondents
PETITION FOR GRANT OF SUCCESSION CERTIFICATE
UNDER SECTION 372 OF THE INDIAN SUCCESSION ACT,
1925
1. Date of Institution of Petition : 07.03.2023
2. Date of Judgment : 19.08.2023
3. Decision : Petition Allowed
JUDGMENT
1. This Judgment shall dispose of a petition filed by Digitally signed by DEEPAK DEEPAK VATS VATS Date:
2023.08.19 _____________________________________________________________________________________ 16:27:53 +0530 SC No.40/2023 Md. Hanif Vs. State & Anr.
Page no. 1 of 4 petitioner for grant of succession certificate in his favour qua the debt and securities in the name of his brother late Mohd Alauddin Luhar with bank in the form of credit balance.
2. In the petition, it is interalia pleaded that late Mohd Alauddin Luhar was brother of petitioner Sh. Md. Hanif who passed away on 13.11.2019. It is pleaded that at the time of his death, he was ordinary residing within the territorial jurisdiction of this Court. It is further pleaded that the deceased was unmarried and issueless. It is pleaded that now the petitioner is only legal heir of the deceased.
3. The record of the Court file reflects that the general notice of this petition was given to public by way of publication in the newspaper 'Veer Arjun' on 15.05.2023. In response to the notice, no person from the general public came 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, 03 witnesses were examined.
5. In his testimony, PW1 Md. Hanif has tendered his evidence by way of affidavit Ex.PW1/A (3 pages) and I rely upon documents i.e. Ex.PW1/1 (copy of aadhar card of petitioner), Ex.PW 1/2 (Copy of death certificate of the deceased namely Mohd. Alauddin Luhar), Ex.PW1/3 (OSR) (copy of aadhar card of deceased) and Digitally Ex.PW1/4 (OSR) (Copy of passbook of SBI). signed by DEEPAK VATS DEEPAK Date:
VATS 2023.08.19
16:28:11
+0530
_____________________________________________________________________________________ SC No.40/2023 Md. Hanif Vs. State & Anr.
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6. RW1 Sh. Mohd. Khalid filed legal heirs report of the deceased Sh. Mohd. Alauddin Luhar which was exhibited as Ex.RW1/A (colly) and his authority letter was exhibited as Ex.RW1/B.
7. During his testimony, RW2 Sh. Somesh Kumar, Chief Manager, SBI, Badarpur Branch, 415, Main Mathura Road, Badarpur, New Delhi44 brought the details pertaining to the saving bank account no.32355562866 in the name of Late Sh. Alauddin Luhar. The balance of the aforesaid account was Rs.1,68,233/ as on 18.05.2023. Statement of aforesaid account was exhibited as Ex.RW2/A(Colly).
8 I have perused the record and the testimonies of all the witnesses. I have also gone through the record.
9. Perusal of legal heir report of deceased Ex.RW1/A (colly) shows that the petitioner Sh. Md. Hanif (brother of the deceased) is the only legal heir of late Mohd Alauddin Luhar. Further, no one came forward to oppose issuance of succession certificate despite publication in newspapers.
10. In view of legal heir report, it is hereby ordered that succession certificate be issued in favour of petitioner namely Sh. Md. Hanif (brother of the deceased) for the debts and securities of late Mohd Alauddin Luhar, which is as follows:
S. Name of the Bank Name Account No. Total Amount No. account holder
1. SBI, Badarpur Branch, 32355562866 Rs.1,68,233/ Late Sh. 415, Main Mathura DEEPAK VATS Alauddin Luhar Road, Badarpur, New Digitally signed by DEEPAK Delhi44 VATS Date: 2023.08.19 16:28:20 +0530 _____________________________________________________________________________________ SC No.40/2023 Md. Hanif Vs. State & Anr.
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11. The succession certificate shall be considered only as an entitlement of the petitioner to receive the amount (with applicable interest till date, if any) due towards late Mohd Alauddin Luhar as referred above. The succession certificate shall not be considered as a direction to concerned bank/official to transfer the aforesaid amount to petitioner. The concerned bank/official shall be competent to seek compliance of formalities, if any, to be fulfilled for the said purpose.
12. Upon filing of requisite Court fees of Rs.3,364.66/ and indemnity bond by petitioner, succession certificate be issued.
13. File be consigned to Record Room after due compliance as per law.
DEEPAK Digitally signed
by DEEPAK VATS
Announced in open Court VATS Date: 2023.08.19
16:28:28 +0530
on 19th August, 2023 (Deepak Vats)
ACJcumCCJcumARC (South East)
Saket Courts, New Delhi
_____________________________________________________________________________________ SC No.40/2023 Md. Hanif Vs. State & Anr.
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