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Delhi District Court

Ashok Mahajan & Ors. vs The State on 6 September, 2022

             IN THE COURT OF SWATI GUPTA, ACJ/ARC/CCJ
        NEW DELHI DISTRICT, PATIALA HOUSE COURTS, NEW DELHI


                                      SUCCESSION CASE NO. 67/2020
1. Ashok Mahajan
   S/o Late Sh. Mohan Lal Mahajan
   R/o E­151, Naraina Vihar
   New Delhi­110028.

2. Smt. Shanti Devi Mahajan
   W/o Late Sh. Mohan Lal Mahajan
   R/o E­151, Naraina Vihar
   New Delhi­110028.

3. Aruna Mahajan
   D/o Late Sh. Mohan Lal Mahajan
   R/o 1/31, Old Rajinder Nagar
   New Delhi­110060.

4. Rita Gupta
   D/o Late Sh. Mohan Lal Mahajan
   R/o 65C, C3A, Janakpuri B­1
   S.O., West Delhi­110058.

5. Sanjay Mahajan
   S/o Late Sh. Mohan Lal Mahajan
   R/o 21, West Street # 26
   New York, NY 10006.

6. Neera Mahajan
   D/o Late Sh. Mohan Lal Mahajan
   R/o NWA/2, North West Avenue
   Punjabi Bagh Extension
   Punjabi Bagh, West Delhi­110026.

7. Rakesh Mahajan
   S/o Late Sh. Mohan Lal Mahajan
   R/o S­1601, Shalini Towers
   Meghna and Shalini Apartments
   ACS Vasundhra Phase­II
SC No. 67/2020                                         Page No. 1 of 6
Ashok Mahajan & Ors. Vs The State
      2x3 100 Feet Ring Road
     BSK 2ND Stage, Bonashankari
     Bengaluru­560070.                                         ..... Petitioners

                                               Versus

1. The State
   The Secretary
   Govt. of NCT of Delhi.                                      ..... Respondent


             PETITION FOR GRANT OF SUCCESSION CERTIFICATE
          UNDER SECTION 372 OF THE INDIAN SUCCESSION ACT, 1925

                    Date of institution of the petition   :    17.11.2020
                    Arguments heard                       :    06.09.2022
                    Date of pronouncement of judgment     :    06.09.2022
                    Final Judgment                        :    Allowed.



                                      JUDGMENT

1. Petitioners have applied for succession certificate under Section 372 of the Indian Succession Act, 1925 in respect of debts/ securities held in the name of deceased Late Sh. Mohan Lal Mahajan. The details of debts/ securities are as follows:

International Securities Ltd.

Sl. No. Distinctive No. Registered Folio Certificate No. Total No.

1. 02717401 to 0000429 0027180, 300 02717700 0027181 & (100 each) 0027182

2. 02391801 to 0000429 0023924 to 400 02392200 0023927 (100 each) Total 700 SC No. 67/2020 Page No. 2 of 6 Ashok Mahajan & Ors. Vs The State Sipani Automobiles Limited 3. 1342101 to 1342200 M­600 21167 100

4. 518151 to 518450 M­600 21367 to 300 21369 5. 521251 to 521350 M­600 21398 100 Total 500 JK Cement Ltd.

6. 43287051 to 459432 E­0059590 25 43287075 Total 25 Medicamen Biotech Limited 7. 5929301 to 5929400 006136 59294 100 8. 5933301 to 5933400 006136 59334 100 9. 5933501 to 5933600 006136 59336 100 10. 5934101 to 5934200 006136 59342 100 11. 5935301 to 5935400 006136 59354 100 12. 5934701 to 5934800 006136 59348 100 13. 5928801 to 5928900 006136 59289 100 14. 5928901 to 5929000 006136 59290 100 15. 5929101 to 5929200 006136 59292 100 16. 5929201 to 5929300 006136 59293 100 Total 1000 DCM Limited 17. 472537 to 472586 W00008977 15732 50 Total 50 SC No. 67/2020 Page No. 3 of 6 Ashok Mahajan & Ors. Vs The State Apollo Tubes Ltd.

Savings bank account in Punjab National Bank

1. Savings bank account bearing no.0627000200162765, Punjab National Bank, Naraina Vihar, New Delhi­28

2. It is the case of the petitioners that petitioner no.1, 5 & 7 are the sons, petitioner no.2 is wife and petitioner no.3, 4 & 6 are daughters of the deceased Late Mr.Mohan Lal Mahajan, who died intestate on 23.03.2008 leaving behind them as legal heirs. Petitioner no.2 to 7 have given their no objection, if succession certificate is issued in favour of the petitioner no.1. It is prayed that succession certificate be issued in favour of the petitioner no.1 in respect of aforesaid debts / securities of the deceased.

3. Notice of the petition was issued upon respondents, general public & SDM/EM. Notice of the petition was issued to general public by way of publication made in newspapers "Veer Arjun" dated 11.01.2022 and "The Statesman" dated 25.12.2021 for inviting objections, if any, from general public. Despite publication, no objection to the grant of succession certificate in favour of petitioner was received from general public.

4. In response to notice, report of Tehsildar Delhi Cantt. was filed. As per the said report, petitioners are the only surviving members of the deceased. Petitioner no.2 to 7 have given their no objection, if succession certificate in the present case is granted in favour of petitioner no.1.

5. In the petitioner's evidence, petitioner no.1 examined himself as PW1, tendered his affidavit as Ex.PW1/A and relied upon the following documents:

i) Copy of death certificate of deceased - Ex.PW1/1(OSR);

Ashok Mahajan & Ors. Vs The State

ii) Copy of surviving member certificate - Ex.PW1/2;

iii) Copy of bank statement of deceased-Ex.PW1/3 (OSR);

iv)    Copy of details of share certificates of deceased - Ex.PW1/4 (colly.) &
v)     CA valuation certificate - Ex.PW1/5.

6. Thereafter, PE was closed vide proceedings held on 06.04.2022.

As per CA valuation certificate Ex.PW1/5, market value of shares as mentioned above in para no.1 as on 05.04.2022 is Rs.8,21,100/­(approximately). As per copy of bank statement of Punjab National Bank Ex.PW1/3, there is a balance of Rs.31,520.89/­ as on 02.03.2022.

7. I have heard the final arguments and carefully perused the record.

8. It is settled law that grant of succession certificate does not in any way amounts to deciding the title of the property in question and the succession certificate is granted for a limited purpose on the basis of prima facie title. The provision of Section 375 Indian Succession Act also ensures that the rightful claimant, if any, may be duly indemnified by the holder of succession certificate.

9. Respondents / general public / legal representative of deceased in question did not raise any objection pertaining to present application, despite publication in newspapers. Petitioner no.2 to 7 have stated in their no objection that they have no objection for issuance of succession certificate in favour of the petitioner no.1. As per report of Tehsildar Delhi Cantt., the petitioners are the only surviving members of the deceased.

10. In view of above discussions, I find that there is no objection to the grant of succession certificate in favour of petitioner no.1(Class­I legal heir/ son of deceased) for transmission/receiving the aforesaid debts / securities (including interest, dividend, if any) held in the name of deceased Late Sh. Mohan Lal Mahajan as mentioned in Para 1 of this Judgment. Consequently, the present petition is allowed and succession certificate be issued to petitioner SC No. 67/2020 Page No. 5 of 6 Ashok Mahajan & Ors. Vs The State no.1 for transmission/receiving the aforesaid debts/securities, on filing of requisite Court Fees of Rs.17053/­(rounded off) only in terms of Article 12, Schedule I of the Court Fee Act, 1870 as applicable to Delhi along with an indemnity bond of the petitioner no.1 in a sum of Rs.8,52,621/­(rounded off) alongwith a surety bond of like amount.

11. File be consigned to Record Room after due compliance.

Announced in the open Court                          (SWATI GUPTA)
on 06.09.2022.                                   ACJ/CCJ/ARC, NDD, PHC
                                                 NEW DELHI : 06.09.2022




SC No. 67/2020                                                     Page No. 6 of 6
Ashok Mahajan & Ors. Vs The State