Final Order 3

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF ADMINISTRATIVE CIVIL JUDGE-
CUM- ADDITIONAL RENT CONTROLLER (CENTRAL) :
DELHI
Presided over by : Medha Arya
Petition No. : SC/84/2023.
CNR No. DLCT03-003148-2023.
In the matter of:-
1. Sanjeev Sharma,
S/o. Sh. Kishan Dutt Sharma,
R/o. A-332, Shastri Nagar,
Delhi-110052.
2. Sunil Dutt Sharma,
S/o. Sh. Kishan Dutt Sharma,
R/o. B-302, Aditya Doon Shire,
Sail Lok-II, GMS Road,
Dehradun-248001.
....Petitioners
Versus
The State (NCT of Delhi)
....Respondent.
Date of Institution : 30.05.2023
Date of order when reserved : N.A.
Date of order when announce : 07.03.2024
JUDGMENT
1. The present petition has been filed by the petitioners for
grant of Succession certificate U/s 372 of Indian Succession Act,
1925 (herein after referred to as the Act), in respect of debts and
securities of deceased Smt. Sarla Devi Sharma
2. Petitioners are the sons of the deceased. They have
impleaded the State as a respondent.
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PLEADINGS:
3. It has been averred by the petitioners that Smt Sarla Devi
Sharma w/o late Sh. Kishan Dutt Sharma, died on 14.12.2022
and in her lifetime, was the ordinary resident of Shastri Nagar,
North West Delhi-52, which falls within the jurisdiction of this
Court. It is further averred that deceased is survived by two legal
heirs i.e her sons being the petitioners. In the petition, petitioners
have prayed for grant of succession certificate in respect of debts
and securities as mentioned in the present petition in the name of
deceased who, according to them, had died intestate on
14.12.2022.
4. Notice of the petition was ordered to be published in
newspaper for public at large and accordingly, publication was
done in newspaper titled as “Virat Vaibhav”dated 12.08.2023, but
none appeared on behalf of public at large, to raise any objection
for grant of succession certificate in favour of petitioners.
EVIDENCE:
5. Petitioners examined Sh Rajesh Kumar, PRI (P), Post
Office, Ashok Vihar Delhi-52 as PW1. He testified on the basis
of statement of SB Account No. 8046413095 lying in the name
of deceased that the same has an outstanding amount of Rs
8,26,093/-. Copy of the statement of account was exhibited as
Ex. PW1/2.
5.1 Petitioner Sanjeev Sharma testified as PW2. He relied
upon his evidence affidavit Ex PW2/A in his testimony, wherein
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he has made averments on the lines of the petition. He further
testified that the deceased, who was his mother, expired on
14.12.2022 at Delhi, and relied upon death certificate of the
deceased, Ex PW2/1. He deposed that deceased also left behind
one other son, Petitioner no.2. He deposed that husband of the
deceased pre-deceased her, and she did not remarry. He placed on
record copy of his Aadhar card Ex PW2/2 (OSR). In his
testimony, he also relied upon Aadhar Card of deceased, Mark A.
He further deposed that his deceased mother died intestate. He
testified that his deceased mother is not survived by any other
legal heir besides the two petitioners. He deposed that both he
and his brother, ie the two petitioners, may be given succession
certificate to the extent of their respective shares qua the SB
account bearing no 894613095 maintained by the deceased with
the post office, and having outstanding balance of Rs 8,26,093/-.
5.2 Statements of petitioner no.2 was recorded as PW3. He
affirmed the testimony of PW2 as correct, and deposed that he
may be given succession certificate to the extent of his half share
qua the SB account of deceased lying with Post Office, the
statement of account of which is Ex PW1/2. In his testimony, he
also relied upon his Aadhar Card, Ex PW3/1 (OSR).
ARGUMENTS, APPREICIATION OF EVIDENCE &
REASONS:
6. This Court has heard the arguments and perused the
material on record carefully.
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7. In the case of Madhvi Amma Bhawani Amma and
others Vs. Kunjikutty Pillai Meenakshi Pillai and others,
Respondents. AIR 2000 Supreme Court 2301=2000 AIR
SCW 2432 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 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 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 debts.
The grant of a certificate to a person does not give him an
absolute right to the debts nor does it bar a regular suit for
adjustment of the claims of the heir inter se”.
8. From the oral and documentary evidence on record, my
prima facie findings are as under:
8.1. The deceased, at the time of her death, was the resident of
Shastri Nagar, North West Delhi 110052, which is reflected from
her death certificate proved as Ex.PW2/1. It falls within the
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jurisdiction of this court. Husband of the deceased pre deceased
her.
8.2. The deceased had expired on 14.12.2022 leaving behind
two surviving legal heirs i.e her sons being the two petitioners.
As per Section 15 of the Act, upon death of deceased Smt. Sarla
Devi Sharma, both petitioners become entitled to succeed to the
debts and securities of deceased equally and simultaneously.
DEBTS & SECURITIES:
8.3. The deceased died intestate qua debts and securities as
mentioned in the petition which are as follows:
(i) SB account bearing no 894613095 maintained by
the deceased with the post office, Ashok Vihar,
Delhi and having outstanding balance of Rs
8,26,093/-.
Therefore, the total value of the securities held by the
deceased for which succession certificate has been applied for,
turns out to be Rs 8,26,093/-.
8.4. The aforesaid claim of the petitioners for issuance of
succession certificate in respect of debts and securities as
mentioned in the present petition has gone unrebutted and
nobody has appeared on behalf of the public to contest the claim
of the petitioners. There is also no impediment U/s 370 of the Act
to grant Succession Certificate with respect to debts and
securities as mentioned in the application.
CONCLUSION:
9. In view of the aforesaid observations, this court holds that
petitioners Sh. Sanjeev Sharma s/o Late Sh Kishan Dutt Sharma
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and Sh. Sunil Dutt Sharma s/o Late Sh Kishan Dutt Sharma are
entitled for grant of Succession Certificate U/s 373 of the Act in
respect of the aforementioned securities of deceased having total
value of Rs 8,26,093/- being outstanding balance in her SB
account bearing no 894613095 maintained with Post office,
Malka Ashok, New Delhi, alongwith interest, if any, accrued
thereupon, to the extent of 1/2 share each.
10. Accordingly, succession certificate in respect of the credit
balance of Rs 8,26,093/- SB account bearing no. 894613095,
maintained witih Post office, Ashok Vihar, New Delhi, alongwith
interest, if any, accrued thereupon, be issued to the petitioners Sh.
Sanjeev Sharma s/o Late Sh Kishan Dutt Sharma and Sh. Sunil
Dutt Sharma s/o Late Sh Kishan Dutt Sharma to the extent of
their 1/2 share each on filing of proportionate court fees of Rs.
20,652.32p (Rounded off to Rs.20,652/-), in terms of Article 12
Schedule I of Court Fees Act, 1870 as applicable in Delhi and
Indemnity-cum-surety bond of the like amount, within 30 days
from today.
Petition is accordingly, disposed of.
File be consigned to record room, after due
compliance.
Announced in the open (MEDHA ARYA)
court on 07.03.2024. Administrative Civil Judge-cum-
Additional Rent Controller (Central)
Delhi.
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