Delhi District Court
Sh Rajesh Kumar Yadav vs The State And Anr on 15 October, 2024
Rajesh Kumar Yadav v. The State & Anr
SC No. 152/2021
IN THE COURT OF SH. PARAS DALAL
ACJ-cum-CCJ-cum-ARC, SOUTH
SAKET COURTS, DELHI
SC No. 152/2021
CNR No. DLST03-001710-2021
1. Sh. Rajesh Kumar Yadav
S/o late Sh. Ram Laxman
R/o H. No.15/111, Dakshin Puri,
Dr. Ambedkar Nagar,
New Delhi-110062
........Petitioner
Versus
1. The State (Govt of NCT of Delhi)
2. Piramal Enterprises Ltd
previously known as :
Nicholas Laboratories India Ltd
Piramal Ananta Agastya Corporate
Opp: Fire Brigade Kamani Junction
LBS Marg, West Mumbai
Mumbai-400070
........Respondents
PETITION FOR GRANT OF SUCCESSION CERTIFICATE
UNDER SECTION 372 OF THE INDIAN SUCCESSION ACT,
1925
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Rajesh Kumar Yadav v. The State & Anr
SC No. 152/2021
1. Date of Institution of Petition : 09.11.2021
2. Date of Judgment : 15.10.2024
3. Decision : Petition Allowed
JUDGMENT
1. Vide this judgment, this Court shall dispose off the petition filed by petitioner for grant of succession certificate qua debts and securities of deceased late Ram Laxman Yadav.
2. In the petition, it is inter-alia pleaded that petitioner is the son of late Ram Laxman Yadav, who expired on 14.03.2021:
apart from petitioner, there is no other surviving legal heir of the deceased; the deceased was ordinarily residing within the territorial jurisdiction of this Court; and there is no legal impediment in the grant of succession certificate in favour of petitioner.
3. Perusal of the record reflects that notice of this petition was given to the general public by way of publication in the newspaper ' Veer Arjun' on 09.02.2022. In response to the notice, no person from the general public came forward to offer any objection qua grant of succession certificate to petitioners.
4. During the summary proceedings conducted as per Section 373 of the Indian Succession Act, 1925, two witnesses were examined in the form of PW1 i.e. Sh. Rajesh Kumar Yadav and 2 of 6 Rajesh Kumar Yadav v. The State & Anr SC No. 152/2021 RW1 Sh. Sanjet Kumar, Patwari, SDM, Hauz Khas, New Delhi.
5. PW-1 Sh. Rajesh Kumar Yadav filed his affidavit of evidence in the form of Ex.PW1/A, wherein he reiterated the contents of the petition and relied upon following documents:-
a) Ex.PW1/1 (OSR) i.e. Copy of death certificate of deceased
b) Ex.PW1/2 i.e. Copy of election ID Card of deceased
c) Ex.PW1/3 (OSR) i.e. Copy of share certificate
d) Ex.PW1/4 (OSR) i.e. Copy of death certificate of mother of petitioner
e) Ex.PW1/5 (OSR) i.e. Copy of aadhar card of the petitioner
f) Ex.PW1/6 i.e. valuation report through certified CA
6. RW-1 Sh. Sanjeet Kumar, Patwari, SDM Hauz Khas, New Delhi appeared in the present case and file report Ex.RW1/1 prepared by Sh. Daman Deep Singh, Tehsildar that deceased Sh. Ramlakshaman Yadav, who expired on 14.03.2021 and he was survived by petitioner.
7. Petitioner side has filed certificate for valuation of shares i.e. Ex. PW1/6 submitted that the original 177 shares were formally held in Nicolas Laboratories India Ltd which has since been renamed and restructured as Piramal Enterprises Ltd. These 177 shares being share certificate no.90371 to 90374 and 155783 with a face value of Rs.10 each, have been converted into 885 shares of Piramal Enterprises Ltd with each converted share now having a face value of Rs.2. As of September 2, 2024 based on the available market data, the market price per share of Piramal 3 of 6 Rajesh Kumar Yadav v. The State & Anr SC No. 152/2021 Enterprises Ltd as listed on the Bombay Stock Exchange and National Stock Exchange was Rs.1053.70. Consequently, the total value of the 885 shares has been determined to be Rs.9,32,524.50/-.
8. I have heard the submissions made by Ld. Counsel for the petitioner, perused the record and gone through the relevant provisions of law.
9. The testimony of PW1 and RW1 proves that Ram Laxman Yadav, who expired on 14.03.2021 and petitioner is the only surviving legal heirs of the deceased.
10. Ex. PW1/6 proves that deceased Late Sh. Ram Laxman Yadav was having the original 177 shares were formally held in Nicolas Laboratories India Ltd which has since been renamed and restructured as Piramal Enterprises Ltd. These 177 shares being share certificate no.90371 to 90374 and 155783 with a face value of Rs.10 each, have been converted into 885 shares of Piramal Enterprises Ltd with each converted share now having a face value of Rs.2. As of September 2, 2024 based on the available market data, the market price per share of Piramal Enterprises Ltd as listed on the Bombay Stock Exchange and National Stock Exchange was Rs.1053.70. Consequently, the total value of the 885 shares has been determined to be Rs.9,32,524.50/-.
11. No one else has come forward to oppose this succession 4 of 6 Rajesh Kumar Yadav v. The State & Anr SC No. 152/2021 petition despite publication in newspaper.
12. In light of the facts and circumstances and on the basis of material placed on record, petitioner is entitled to the succession certificate and there exists no impediment in grant of succession certificate to them. Thus, present petition qua the grant of succession certificate in respect of original 177 shares held in the name of late Sh. Ram Laxman Yadav were formally held in Nicolas Laboratories India Ltd which has since been renamed and restructured as Piramal Enterprises Ltd. These 177 shares being share certificate no.90371 to 90374 and 155783 with a face value of Rs.10 each, have been converted into 885 shares of Piramal Enterprises Ltd with each converted share now having a face value of Rs.2. As of September 2, 2024 based on the available market data, the market price per share of Piramal Enterprises Ltd as listed on the Bombay Stock Exchange and National Stock Exchange was Rs.1053.70. Consequently, the total value of the 885 shares has been determined to be Rs.9,32,524.50/- is hereby allowed in favour of petitioner. Accordingly, succession certificate be issued in favour of petitioner upon filing of requisite court fees and indemnity bond of like amount.
13. The succession certificate shall be considered only as an entitlement of petitioner to receive the amount aforesaid (with up-to-date interest if any). The concerned respondent(s) may seek compliance of formalities, if any, by petitioner for securing release of the amount, as per rules.
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14. File be consigned to record room after due compliance.
Digitally signedPARAS by PARAS DALAL DALAL Date:
2024.10.15 16:26:40 +0530 Announced in the open Court (PARAS DALAL) on 15.10.2024 ACJ-CCJ-ARC/South, Saket Court/Delhi 6 of 6