Delhi District Court
Piyush Goyal vs The State And Ors on 9 June, 2025
IN THE COURT OF ADMINISTRATIVE CIVIL JUDGE-CUM-
CCJ-CUM-ADDITIONAL RENT CONTROLLER, WEST, TIS
HAZARI COURTS, DELHI
Presided over by- Sh. Dev Chaudhary, DJS
Succ. Court -: 147/2018
Unique Case ID -: DLWT030024212018
Section(s) -: 372 of the Indian
Succession Act, 1925
In the matter of -
SH. PIYUSH GOYAL
S/o- Late Sh. Dev Raj Goyal
R/o- Flat No.89, S.F.S.,
Punjabi Bagh Apartments,
New Delhi
......... Petitioner
VS.
1. THE STATE
(Govt. of NCT of Delhi)
2. MRS. INDU AGGARWAL
W/o- Sh. Tajender Mohan Aggarwal
D/o- Late Sh. Dev Raj Goyal
R/o- 503-A, Victoria Heights,
Peer Muchalla,
Dhakoli, Zirakpur, Punjab-140603
3. ASHA GUPTA
W/o- Sh. Vijay Gupta
D/o- Late Sh. Dev Raj Goyal
R/o- 12080 NW 81 Court, Park Land
FL 33076, USA
4. PARVEEN GUPTA
W/o- Sh. Shakti Gupta
D/o- Late Sh. Dev Raj Goyal
R/o- 69, Church Road,
Woolton Liverpool,
L25 6DA, U.K.
Succ. Court 147/2018 Piyush Goyal Vs. The State and Ors. Page No.1 of 8
Digitally
signed by
DEV
DEV CHAUDHARY
CHAUDHARY Date:
2025.06.09
16:36:01
+0530
5. SHANNO DEVI (SINCE DECEASED)
W/o- Late Sh. Dev Raj Goyal
R/o- 1196, Black Hawk BLVD,
Davie, FL 33328
........ Respondents
1. Name of Petitioner : Piyush Goyal
2. Name of Deceased : Late Sh. Dev Raj Goyal
3. Date of Institution : 09.10.2018
4. Date of Reserving Order : 09.06.2025
5. Date of Decision : 09.06.2025
6. Decision : Allowed Argued by -: Sh. Jaspreet Singh, Ld. Counsel for the petitioner.
Sh. Saksham Goyal, Ld. Counsel for the respondent no.2 to 4.
JUDGMENT-
1. The present petition has been filed under Section 372 of the Indian Succession Act, 1925 (hereinafter, "the Act") by Sh. Piyush Goyal (hereinafter, "petitioner") for grant of succession certificate in his favour in respect of debts and securities left by the deceased Late Sh. Dev Raj Goyal, who was his father.
2. Pursuant to filing of the petition, notice of the petition was given to all persons interested in the estate of the deceased, including the general public by way of publication in the newspaper The Statesman dated 07.03.2019, inviting objections to the grant of succession certificate to the petitioners. However, no one appeared from general public to oppose or contest the petition.
Succ. Court 147/2018 Piyush Goyal Vs. The State and Ors. Page No.2 of 8
Digitally
signed by
DEV
DEV CHAUDHARY
CHAUDHARY Date:
2025.06.09
16:36:15
+0530
3. The following oral and documentary evidence has been led in this case -
ORAL EVIDENCE
PW-1 : Monica (Canara Bank)
Rajeev Kansal (SPA of
PW-2 :
petitioner)
DOCUMENTARY EVIDENCE
Ex.A : Authority letter of Ms. Monica
Ex.B (Colly 04 Statement of account of the :
pages) deceased with Canara Bank Ex.C (OSR) : ID Card of Ms. Monica Ex.PW2/1 : SPA of witness (OSR) Ex.PW2/A : Evidence affidavit Ex.PW2/2 Copy of Aadhar Card of the :
(OSR) petitioner.
Copy of death certificate of the
Ex.PW2/3
: deceased late Sh. Dev Raj
(OSR)
Goyal.
NOC affidavit of respondent
Ex.PW2/4
: no.2 to 4 in favour of the
(Colly)
petitioner.
Publication in "The Statesman"
Ex.PW2/5 :
dated 07.03.2019.
Ex.PW2/6 Copy of my Aadhar Card for the
:
(OSR) purpose of identification.
Copy of death certificate of late Mark A : Smt. Shanno Devi (wife of the deceased).
4. Ms. Monica, Probationary Officer, Canara Bank produced on record the details in respect of saving bank account bearing no. 0391101039691 having amount of Rs. 20,97,687/- as on 12.03.2019 which is in the name of Late Sh. Dev Raj Goyal. As per document Ex.A, the deceased also held one locker bearing Succ. Court 147/2018 Piyush Goyal Vs. The State and Ors. Page No.3 of 8 Digitally signed by DEV DEV CHAUDHARY CHAUDHARY Date:
2025.06.09 16:36:22 +0530 no.0391A00793 in the name of deceased Late Sh. Dev Raj Goyal jointly with Smt. Shanno Devi.
5. PW1 Rajeev Kansal is the SPA holder of the petitioner, who deposed that the petitioner is the son of deceased late Sh. Dev Raj Goyal, who expired on 02.03.2005. He deposed that the deceased late Sh. Dev Raj Goyal has left behind the petitioner and respondent no.2 to4 as the only surviving Class-I legal heirs. He deposed that respondent no.5 has expired during the trial of the case, who expired on 12.02.2024 and her death certificate is already on record. He deposed that there is no other Class-I legal heir except as stated above.
He deposed that the deceased late Sh. Dev Raj Goyal had not executed any Will during his life time.
6. The NOC of all the other Class-I legal heirs, who are respondent nos. 2 to 4 namely Mrs. Indu Aggarwal, Mrs. Asha Gupta and Sh. Parveen Gupta are already on record. These persons had appeared on 26.04.2025 via video-conferencing and had submitted that they have no-objection, if the succession certificate is issued in favour of the petitioner. In view of the same, respondent no.2 to 4 were discharged vide order dated 26.04.2025. Respondent no.5, who is the wife of the deceased have expired during the trial of the present case.
7. Perusal of record reveals that the updated account statement of the deceased has been produced on record by the petitioner. As per the account statement, the closing balance of savings account bearing no.0391101039691 as on 13.05.2025 is Rs.25,04,194/-.
Succ. Court 147/2018 Piyush Goyal Vs. The State and Ors. Page No.4 of 8
Digitally
signed by
DEV
DEV CHAUDHARY
CHAUDHARY Date:
2025.06.09
16:36:30
+0530
8. I have heard the arguments of the learned counsel for the petitioner and have given my thorough consideration to the material on record.
9. Part X of the Indian Succession Act, 1925 deals with the issuance of succession certificates. On bare perusal of the provisions of Part X of the Act, the following conditions are required to be satisfied before a succession certificate can be issued -
A. The certificate can only be issued qua debt or securities, and debts due to the deceased creditor or in respect of portions thereof, and not where the right is required to be established by letters of administration or probate, B. The certificate can be granted by a Court within whose jurisdiction the deceased ordinarily resided at the time of his/her death or if he/she had no fixed place of residence, within whose jurisdiction any part of the property of the deceased may be found, C. The application for grant of certificate has been filed in accordance with Section 372 of the Act, and notice of the application is to be given in terms of Section 373 of the Act, D. The grantee of the certificate furnishes bond with surety or sureties, if directed by the Court, in terms of Section 375 of the Act, and also furnishes Court fee as per Section 379 of the Act.
In case the above-mentioned conditions are fulfilled, a succession certificate can be issued by the Court, which shall have effect throughout India, as per Section 380 of the Act. It has been held by the Succ. Court 147/2018 Piyush Goyal Vs. The State and Ors. Page No.5 of 8 Digitally signed by DEV DEV CHAUDHARY CHAUDHARY Date:
2025.06.09 16:36:38 +0530 Hon'ble Supreme Court in Madhvi Amma Bhawani vs. Kunjikutty Pillai Meenakshi Pillai AIR 2000 SC 2301 that grant of certificate is only a determination of prima facie title and in such cases, the Court is to not determine finally as to who has the best right to estate. Only a summary enquiry into the right to the certificate is contemplated by the Act. It is in this light that the present petition is to be decided.
10. Considering the facts and circumstances of the case, the evidence and other material on record, and the arguments addressed, it is clear that the petitioner/Sh. Piyush Goyal is the son of the deceased Late Sh. Dev Raj Goyal, who expired on 02.03.2005. At the time of death of the deceased, the place of residence of the deceased was F-89, S.F.S., Punjabi Bagh Apartments, New Delhi, i.e. within jurisdiction of this Court. The petitioner is Class I heir of the deceased and the other son and daughters of the deceased have already given a no-objection to grant of certificate in favour of the petitioner.
Respondent no.5, who was the wife of the deceased, has already expired during the trial of the case. No objections have been received by any other person, and public at large. Issuance of certificate is sought only qua debt and securities, the details of which have been tendered into evidence and there is no bar under Section 370 of Indian Succession Act, 1925 for the grant of succession certificate in favour of the petitioner Sh. Piyush Goyal.
11. It is apposite to note at this juncture that the present application has been filed for issuance of succession certificate regarding the amount lying in the bank account of the deceased as well as the articles in the locker of the deceased. With regard to the articles in the locker of the deceased, the Hon'ble High Court of Delhi Succ. Court 147/2018 Piyush Goyal Vs. The State and Ors. Page No.6 of 8 Digitally signed by DEV DEV CHAUDHARY CHAUDHARY Date:
2025.06.09 16:36:45 +0530 in Atul Maithel Vs. SBI 2017 DHC 5253 has held that a bank locker is not a debt for security within the meaning of section 370 of Indian Succession Act. It was observed, inter alia, as under:-
" 12. The Succession Certificate as per the impugned order dated 14th February, 2017 has not been issued with respect to the bank locker with the respondent No. 2 Axis Bank. The bank locker is not a debt and security within the meaning of Section 370 of the Indian Succession Act. The question otherwise also is no longer res integra and reference can be made to (i) Sharda Chopra v. State Bank of India MANU/MP/0041/1997 : AIR 1997 MP 196; (ii) Venugopal Loya v. Vijay Lakshmi Bung MANU/AP/0079/1991; (iii) Rama Chakravarty v. Manager, Punjab National Bank MANU/WB/0026/1991; and, (iv) State Bank of India v. Netai Ch. Porel MANU/WB/0022/1982 : AIR 1982 Cal 92.
13. This is a mistake often found to have been committed. Instead of applying for Letters of Administration under Section 278 of the Indian Succession Act, Succession Certificate, grant whereof is limited to debts and securities only, is applied for and which results in such inconvenience to the litigants."
12. Accordingly, in view of the law laid down by the Hon'ble High Court of Delhi, the prayer for issuance of succession certificate qua the locker of the deceased stands rejected and the petitioner/Sh. Piyush Goyal is entitled to grant of succession certificate under Section 372 of Indian Succession Act, 1925 in respect of the following debts and securities of the deceased Late Sh. Dev Raj Goyal -
Sr. Details of account Amount (In Rs.) No.
1. Savings bank account bearing 25,04,194/-
no.0391101039691 in the name of Late Sh.
(as per updated account Dev Raj Goyal (Canara Bank) statement and as on 13.05.2025) Succ. Court 147/2018 Piyush Goyal Vs. The State and Ors. Page No.7 of 8 Digitally signed by DEV DEV CHAUDHARY CHAUDHARY Date:
2025.06.09 16:36:53 +0530 The issuance of the succession certificate is subject to the payment of Court fees as per Article 12 of Schedule I of the Court Fees Act, along with the furnishing of an indemnity bond with one surety
13. The succession certificate shall be considered only as an entitlement of the petitioner to receive the shares (with interest / dividend, as applicable and also the right to negotiate/transfer the said securities as per law) due towards the deceased as referred above.
The concerned official shall be competent to seek compliance of formalities, if any, to be fulfilled for the said purpose.
14. Further, the grant of succession certificate shall be subject to payment of Rs. 10,000/- as costs imposed upon the petitioner vide order dated 17.03.2021 and 22.02.2023, which have not been paid till date. Proof be filed at the time of compliance of conditions laid down in para no. 12.
15. The present petition is disposed of accordingly. On compliance of the above-mentioned terms and conditions, Succession Certificate be issued in terms of this judgment, and file be consigned to record room after necessary compliance.
Digitally
signed by
DEV
DEV CHAUDHARY
CHAUDHARY Date:
Announced in Open (DEV CHAUDHARY) 2025.06.09
16:36:59
Court. ACJ/CCJ/ARC(WEST)
+0530
This judgment
TIS HAZARI COURTS
contains 8 signed
pages. DELHI/ 09.06.2025
Succ. Court 147/2018 Piyush Goyal Vs. The State and Ors. Page No.8 of 8