Final Order 4

Order Details: COPY OF JUDGMENT
Pdf Text: SC. No. 92/24
Mohd. Muslemin & Anr. Vs. The State Page No. 1/7
IN THE COURT OF ADMINISTRATIVE CIVIL JUDGE-
CUM- ADDITIONAL RENT CONTROLLER (CENTRAL) :
DELHI
Presided over by : Sh. Bharat Aggarwal
Petition No. : SC/92/2024.
CIS No. DLCT03-006106-2024
IN THE MATTER OF:-
1. Mohammad Muslemin,
S/o. Mohd. Ismail,
R/o. 2703, 2nd Floor,
Chhoti Baradari,
Ballimaran,
Delhi-110006.
2. Ms. Alina Muslemin,
D/o. Mohd. Muslemin,
R/o. 2703, 2nd Floor,
Chhoti Baradari,
Ballimaran,
Delhi-110006.
....Petitioners.
Versus
The State (Govt. of NCT of Delhi),
Through Sub Divisional Magistrate,
Darya Ganj, Delhi-110002.
.....Respondent.
Date of Institution : 21.08.2024
Date of order when reserved : N.A.
Date of order when announced : 19.11.2024
J U D G M E N T :
1. The present succession petition has been filed by the
petitioner under Section 372 of Indian Succession Act, 1925
(hereinafter referred to as the 'Act') in respect of debts and
securities of deceased namely Shahin Akhtar @ Shaheen Akhtar
(hereinafter referred as 'the deceased').
-- 1 of 7 --
SC. No. 92/24
Mohd. Muslemin & Anr. Vs. The State Page No. 2/7
2. It is averred that deceased namely Shahin Akhtar @
Shaheen Akhtar w/o. Mohammad Muslemin, died on 10.04.2021
at Delhi. It is stated that the deceased was the ordinary resident
of 2703, 2nd Floor, Ballimaran, Chhoti Baradari, Delhi, which
falls within the jurisdiction of this Court. It is further stated that
deceased is survived by two legal heirs i.e. petitioner No. 1,
being her husband, and petitioner no. 2 being her daughter.
3. It is averred that deceased has left behind 370 shares
of Hero Motocorp Limited and 368 shares of Reliance Industries
Limited and 368 shares of Jio Financial Services Limited. In the
petition, petitioner has prayed for grant of succession certificate
in respect of debts and securities of the deceased as aforesaid,
and it has been averred that deceased died intestate.
4. State has been impleaded as a respondent.
5. After filing of this petition, notice was given to the
general public by way of publication in the newspaper “The
Statesman” dated 28.08.2024, but none appeared from general
public to oppose or contest the present petition.
6. During summary enquiry, 04 witnesses were
examined.
7. Petitioner No. 1 took the witness stand as PW-1.
PW-1 deposed that deceased who expired on 10.04.2021 at
Delhi, was his wife. PW-1 deposed that besides him, deceased
has left behind one daughter namely Ms. Alina Muslemin, who is
also petitioner no. 2 in the present petition. PW-1 deposed that
the deceased has left behind 370 shares of Hero Motocorp
-- 2 of 7 --
SC. No. 92/24
Mohd. Muslemin & Anr. Vs. The State Page No. 3/7
Limited under Folio No. HML0031837 and 368 shares of
Reliance Industries Limited under Folio No. 031358035 and the
details of the same are mentioned in para no. 6 of the petition.
PW-1 deposed that there are no other legal heirs of the deceased
except him and petitioner no. 2 in the present petition. PW-1
deposed that deceased was ordinarily a resident of Delhi. PW-1
relied upon the following documents during his evidence:-
(1) Ex. PW-1/1 being original death certificate
of the deceased Ms. Shahin Akhtar @
Shaheen Akhtar.
(2) Ex. PW-1/2 being copy of his Aadhar
Card.
He was not cross-examined despite
opportunity.
8. Testimony of petitioner no. 2 Ms. Alina Muslemin
has been recorded as PW-2 whereby she is claiming her
respective share in the debts and securities of the deceased which
are the subject matter of the present petition.
9. PW-3 Sh. Prosenjeet Roy, Manager-Secretarial
Department, Hero MotoCorp Limited brought on record the
affidavit containing details of shares of 370 shares of Hero
MotoCorp Limited under Folio No.HML0031837 lying in the
name of Shahin Akhtar having certificate no. 527901 and
distinctive nos. 44727991 to 44728360, as per which the same
has tentative market value of the said shares is Rs.16,72,252/- as
on 13.11.2024 and also the value of dividends accrued qua the
said shares is Rs.4,30,680/- as reflected in the affidavit, i.e. Ex.
PW-3/2.
-- 3 of 7 --
SC. No. 92/24
Mohd. Muslemin & Anr. Vs. The State Page No. 4/7
10. PW-4 Sh. Vikas Pandey, Assistant Manager, Kfin
Technologies Limited, 305, New Delhi House, Barakhambha
Road, Delhi brought on record the letter furnishing the details of
368 shares of Reliance Industries Limited and 368 shares of Jio
Financial Services Limited under Folio No. 031358035 lying in
the name of Shahin Akhtar, as per which the same has total
tentative market value of the said shares is Rs.11,27,000/- as on
21.10.2024 and also having dividend warrants amounting to
Rs.37,517/- as reflected in the letter, Ex. PW-4/2 (Colly).
11. The Court has heard submissions advanced on behalf
of the petitioners and has perused the record.
12. It is no longer
res integra that the application for
succession are to be decided summarily. Sec. 373 of the Indian
Succession Act provides that a succession petition is to be
decided in a summary manner and even if court cannot decide
the right to the certificate without determining questions of law
or fact which may seem to be too complicated and difficult for
determination in a summary proceedings, the Court may
nevertheless grant a certificate to a person if the applicant
appears to be the person having
prima facie the best title thereto.
Thus u/s. 373 of Indian Succession Act, only
prima facie case is
to be seen and other questions of law and fact which may be
complicated are to be decided by a regular civil court.
13. 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 :-
-- 4 of 7 --
SC. No. 92/24
Mohd. Muslemin & Anr. Vs. The State Page No. 5/7
“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
time barred, 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”.
14. Facts of the case shall be analyzed through the prism
of legal position enunciated above.
15. It was submitted on behalf of the petitioners that the
deceased used to follow Hanafi school of Mohammedan law. As
per the testimony of PW-1, the deceased died intestate. PW-1
categorically stated that petitioners no. 1 and 2 being husband
and daughter of the deceased respectively would inherit as
sharers. Petitioner no. 1 (husband) shall inherit 1/4th share when
there is a child and Petitioner no. 2 (daughter) shall be entitled to
½ share of the estate of the deceased as there is no son. As per
the submission of the petitioners, there are no other legal heirs of
the deceased falling in the category of residuaries and as per law,
remaining 1/4th share shall revert back to the daughter of the
-- 5 of 7 --
SC. No. 92/24
Mohd. Muslemin & Anr. Vs. The State Page No. 6/7
deceased as per the Muslim Personal Law. As per death
certificate of the deceased Shahin Akhtar @ Shaheen Akhtar,
deceased used to reside at 2513, Baradari Ballimaran, New
Delhi, which falls within jurisdiction of this Court.
16. Succession certificate is sought qua the following
shares, left behind by deceased :-
1. 370 shares of Hero MotoCorp Limited
under Folio No. HML0031837 having
share certificate no. 527901 and distinctive
Nos. 44727991 to 44728360 and also
dividends qua the said shares.
2. 368 shares of Reliance Industries Limited
and 368 shares of Jio Financial Services
Limited under Folio No. 031358035 and
also dividends qua the said shares.
Total value of securities held by deceased
turn out to be Rs.32,67,449/-.
17. In view of the evidence adduced by the petitioners,
the Court is of the considered opinion that there is
prima-facie no
impediment for grant of Succession Certificate in favour of the
petitioners, in terms of Ex. PW-3/2 and Ex. PW-4/2
(Collectively), having market value of the shares alongwith
dividends is Rs.32,67,449/-. Succession Certificate is granted
accordingly. Succession certificate be drawn on deposit of
proportionate requisite court fees of Rs.81,686.22p (Rounded of
Rs.81,686/-) in terms of Article 12 Schedule I of Court Fees Act,
-- 6 of 7 --
SC. No. 92/24
Mohd. Muslemin & Anr. Vs. The State Page No. 7/7
1870, as applicable in Delhi and on furnishing an Indemnity
Bond and one surety within 30 days from today.
Petition is accordingly disposed off.
File be consigned to Record Room.
Announced in the open (BHARAT AGGARWAL)
court on 19.11.2024. Administrative Civil Judge-cum-
Additional Rent Controller (Central)
Delhi.
-- 7 of 7 --