Delhi District Court
Ashwani Verma vs The State (N.C.T Of Delhi) And Others on 4 October, 2023
In the Court of Siddhant Sihag, Administrative Civil Judgecum
Commercial Cases JudgecumAdditional Rent Controller,
South West District, Dwarka Courts, New Delhi.
CNR No. : DLSW030000102023
Under section : 372 of The Indian Succession Act, 1925
Ashwani Verma versus The State (N.C.T. of Delhi) & Ors.
a) Succession Court Case No. : 02/2023
b) Name & address of the : Ashwani Verma,
petitioner S/o Late Ram Kanwar
Verma,
R/o H.No. 642, Gali
Chhawallan,
Najafgarh, South West
Delhi, New Delhi110043.
c) Name & address of the : 1. The State (N.C.T. of
respondents Delhi).
2. Parvesh Verma,
D/o Late Ram Kanwar
Verma,
R/o H.No. 642, Gali
Chhawallan,
Najafgarh, South West
Delhi, New Delhi110043.
3. Vandana Verma,
D/o Late Ram Kanwar
Verma,
Succession Court Case No. 02/2023 Ashwani Verma v. State & Ors. Page 1 of 8
R/o H.No. 642, Gali
Chhawallan,
Najafgarh, South West
Delhi, New Delhi110043.
4. The Branch Manager,
PO Najafgarh, Papprawat
Road, Near Chhawla,
Bus Stand, Najafgarh,
New Delhi110043.
Date of Institution : 03.01.2023
Final arguments heard on : 04.10.2023
Judgment pronounced on : 04.10.2023
Petition under Section 372 of The Indian Succession Act, 1925
for grant of succession certificate in respect of the debts and
securities of deceased, Ram Kanwar Verma.
JUDGEMENT
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 deceased, Ram Kanwar Verma.
Succession Court Case No. 02/2023 Ashwani Verma v. State & Ors. Page 2 of 82. Factual Matrix: The case of the petitioner is that petitioner is the son of the deceased. It is averred that deceased, Ram Kanwar Verma died on 08.11.2021. It is further averred that deceased was a resident of House No. 642, Gali Chhawalian, Najafgarh, South West Delhi, New Delhi110043 which falls within the jurisdiction of this court. It is stated that wife of the deceased had expired on 03.09.2000. Further, it is averred that the deceased was survived by three legal heirs that is, the petitioner (son of the deceased) and respondents no. 2 and 3 (daughters of the deceased). The petitioner has approached this court with the instant petition seeking grant of succession certificate in respect of amount lying in savings bank account no. 9559714221 in the name of the deceased and maintained with Post Office, Najafgarh branch, Paprawat Road, near Chhawla Bus Stand, Najafgarh, New Delhi 110043.
3. Summoning of respondents and chain of subsequent events: Notice of the petition was ordered to be published in newspaper and accordingly, publication was done in newspaper titled as "Veer Arjun" dated 19.02.2023, but none appeared on behalf of public at large, to raise any objection to grant of succession certificate in favour of petitioner.
4. Pursuant to the notice, official from Post Office appeared and filed reply alongwith statement of account, as per Succession Court Case No. 02/2023 Ashwani Verma v. State & Ors. Page 3 of 8 which an amount of Rs. 5,33,441.53/ is lying as securities of the deceased with it.
5. Respondents no. 2 & 3 appeared before the court and submitted that they have no objection to the grant of succession certificate in favour of the petitioner. Their joint statement was recorded in this regard.
6. Evidence adduced by the petitioner: Petitioner got himself examined as PW1 and tendered his evidence by way of an affidavit which is Ex. PW1/1 bearing his signatures at point A & B respectively. The petitioner relied on the following documents:
i. copy of passbook issued by Post office reflecting savings account no. 9559714221 in the name of the deceased is Mark A instead of Ex. PW1/A as mentioned in the evidence affidavit. The same is deexhibited for want of original. ii. downloaded copy of death certificate of deceased, Ram Kanwar Verma is Ex. PW1/B. iii. copy of Aahdar card and PAN Card of deceased are Mark B. iv. copy of death certificate of deceased, Satyavati is Mark C instead of Ex. PW1/C as mentioned in the evidence affidavit. The same is deexhibited for want of original. v. copy of his Aadhar Card is Ex. PW1/D (OSR).
vi. copy of his PAN card is Mark D. vii. downloaded copy of Surviving Member Certificate is Ex. PW 1/E. Succession Court Case No. 02/2023 Ashwani Verma v. State & Ors. Page 4 of 8
7. PW1 deposed that he seeks succession certificate in respect of securities of the deceased, Ram Kanwar Verma, that is, amount of Rs. 5,33,441.53/ lying in savings account no. 9559714221 maintained with Post Office, Najafgarh, Paprawat Road, near Chhawla Bust Stand, Najafgarh, New Delhi110043, as per the record filed on behalf of post office.
8. Thereafter, petitioner's evidence was closed and final arguments were heard.
9. Arguments, Appreciation of Evidence and Reasons:
I have heard learned counsel for the petitioner, perused the material placed on record and considered the submissions advanced.
10. In Madhvi Amma Bhawani Amma & Ors. v.
Kunjikutty Pillai Meenakshi, AIR 2000 SC 2301, 2000 (3) ALT 35 SC, 2001 (49) BLJR 813, 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 Succession Court Case No. 02/2023 Ashwani Verma v. State & Ors. Page 5 of 8 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 timebarred, 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".
11. From the oral and documentary evidence on record, prima facie findings are as under:
a) The deceased was the resident of House No. 642, Gali Chhawalian, South West, New Delhi110043 which is reflected in the death certificate proved as Ex. PW1/B. The matter thus, falls within the jurisdiction of this court.
Succession Court Case No. 02/2023 Ashwani Verma v. State & Ors. Page 6 of 8b) Deceased, Ram Kanwar Verma left behind three surviving classI legal heirs that is, petitioner (son of the deceased) and respondents no. 2 & 3 (daughters of the deceased).
c) Wife of the deceased predeceased the deceased.
12. Debts and Securities: The deceased died intestate qua debts and securities which are mentioned in the petition as well as in the testimony of PW1. The same is an amount of Rs. 5,33,441.53 (Rupees five lacs thirty three thousand four hundred forty one and fifty three paise only) as on 31.03.2022 lying in the savings bank account no. 9559714221 in the name of the deceased and maintained with Post Office having branch at Najafgarh, Paprawat Road, near Chhawla Bus Stand, Najafgarh, New Delhi 110043.
13. Therefore, the total value of the securities held by the deceased for which succession certificate has been applied for is an amount of Rs. 5,33,441.53 (Rupees five lacs thirty three thousand four hundred forty one and fifty three paise only) as on 31.03.2022 lying in the savings bank account no. 9559714221 in the name of the deceased and maintained with Post Office having branch at Najafgarh, Paprawat Road, near Chhawla Bus Stand, Najafgarh, New Delhi110043.
Succession Court Case No. 02/2023 Ashwani Verma v. State & Ors. Page 7 of 814. The aforesaid claim of the petitioner has gone unrebutted and none has appeared on behalf of the public to contest the claim of the petitioner. There is also no impediment under section 370 of the Act to grant Succession Certificate with respect to debts and securities as mentioned in the petition.
15. Conclusion: In view of the aforesaid observations, this court holds that petitioner is entitled to grant of Succession Certificate under section 373 of the Act in respect of the securities that is, an amount of Rs. 5,33,441.53 (Rupees five lacs thirty three thousand four hundred forty one and fifty three paise only) as on 31.03.2022 lying in the savings bank account no. 9559714221 in the name of the deceased and maintained with Post Office having branch at Najafgarh, Paprawat Road, near Chhawla Bus Stand, Najafgarh, New Delhi110043. Petitioner is also entitled to interest/dividend/ bonus/consequential benefits, if any accrued thereupon.
16. Accordingly, succession certificate be issued to the petitioner on filing of corresponding court fees in terms of Article 12 Schedule I of Court Fees Act, 1870 as applicable in Delhi and Indemnitycumsurety bond of the like amount, within 30 days from today. Petition is disposed of accordingly.
Announced in the open court today i.e. 04.10.2023 Siddhant Sihag ACJCCJARC/South West Dwarka Courts: New Delhi Succession Court Case No. 02/2023 Ashwani Verma v. State & Ors. Page 8 of 8