Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 4
Succ. Court 71/25
SWATI MUNIYAL ALIES SHALU Vs. THE STATE
07.08.2025
Present : Mr. Narender Singh, Ld. Counsel for petitioner alongwith petitioner.
Petitioner is directed to disclose the details of husband of the deceased on
NDOH alongwith relevant documents.
Petitioner is also directed to file relevant record of the deceased including
death certificate of the deceased.
On filing of PF and RC within seven days from today, issue notice of
present petition to the respondent no. 2 (b) for service upon them returnable on NDOH.
Petitioner has stated about the details of debts and securities of the deceased
in Annexure-B of the petition. At point no.2, petitioner has stated about one locker in Axis
Bank in the name of the deceased. Succession cannot be granted for the bank locker of the
deceased. Reliance at this juncture can be placed upon the judgment of the Hon'ble High
Court of Delhi in Atul Maithel vs. State Bank of India and Ors. [MANU/DE/3548/2017],
wherein it was
inter-
alia held:
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/0041/1997MANU/MP/0041/1997 :
AIR 1997 MP 196; (ii) Venugopal Loya v. Vijay Lakshmi Bung
MANU/AP/0079/1991MANU/AP/0079/1991; (iii) Rama
Chakravarty v. Manager, Punjab National Bank
MANU/WB/0026/1991MANU/WB/0026/1991; and, (iv) State
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Bank of India v. Netai Ch. Porel
MANU/WB/0022/1982MANU/WB/0022/1982 : AIR 1982 Cal
92.
Accordingly, petition
qua such locker of the petitioner is hereby dismissed as
lockers are neither debt nor security.
On filing of PF and RC within seven days from today, issue notice of
present petition to all the witnesses who are holding securities of the deceased in terms of
Annexure-B alongwith copy of such Annexure.
Petitioner shall remain present in person on the NDOH.
Be put up for 15.10.2025.
(Bharat Aggarwal)
ACJ-cum-ARC, Central
District, Tis Hazari Courts
07.08.2025
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