Final Order 3

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF SH. MAYANK MITTAL,
ACJ-CCJ-ARC(EAST), KARKARDOOMA COURTS,
DELHI
Petition No.: SC- 24/23
IN THE MATTER OF:
Smt. Madhuri
W/o Late Sh. Purushottam,
R/o 81, Aashirwad Apartment,
Plot no. 74, I P Extn, Patparganj,
Delhi-110092 ...Petitioner
VERSUS
1. The State (GNCT of Delhi)
Through SDM, Preet Vihar,
At: Block-A, O/o District Magistrate (East),
LM Bundh, Shastri Nagar, Delhi-110031.
2. Ms. Abha Kawdal Rana
D/o Late Sh. Purushottam,
R/o 1, Jawahar Lal Nehru Marg,
Gandhi Hindustani Sahitya,
Gandhi Smarak Nidhi, Indraprastha,
Delhi-110002
3. Sh. Arun Prakash
S/o Sh. Purushottam,
R/o 81, Aashirwad Apartment,
Plot no. 74, I P Extn, Patparganj,
Delhi-92.
4. State Bank of India
Through its Manager,
At Indraprastha Estate,
N-Block, New Delhi. ..Respondents
DATE OF INSTITUTION : 15.03.2023
DATE OF RESERVING THE ORDER : 01.06.2023
DATE OF DECISION : 01.06.2023
PETITION U/S 372 OF INDIAN SUCCESSION ACT
SC 24/23
Page No. 1/3
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JUDGMENT
1. The present petition has been filed under section 372
of the Indian Succession Act, 1925 by Smt. Madhuri (hereinafter
called petitioner) for a Succession Certificate in respect of PPF
account maintained with State Bank of India, Indraprastha Estate,
M-Block, New Delhi existing in the name of her deceased
husband Sh. Purushottam who is stated to be expired on
01.06.2022 in Delhi.
2. The petitioner is governed by Hindu Law.
3. The Notice of the present petition was given to the
State by way of publication for the knowledge and awareness of
general public in the newspaper 'Veer Arjun'. However, nobody
from the general public has filed any objection to the present
petition.
4. The official from State Bank of India, Indraprastha
Estate, M-Block, New Delhi was also examined as RW-1.
5. To prove her case, the petitioner examined herself as
PW1. It is seen that the petitioner proved the death of her deceased
husband by producing copy of his death certificate is Mark A. The
copy of identity proof i.e Aadhar Card is Ex PW-1/1.
Official from the office of SDM Office, Preet Vihar
who has already filed report of surviving member certificate.
6. Ms. Pooja Kumari, State Bank of India, Indraprastha
Estate, M-Block, New Delhi and has filed a statement pertaining
to the PPF account of deceased Late Sh. Purushottam. The reply
shows that a amount of Rs. 59,72,279.28/- is lying in the said
account bearing account no. 10310675706 existing in the name of
Late Sh. Purushottam. The same is Ex RW-1/B (colly 3 pages).
SC 24/23
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7. Further respondent no. 2 and 3, the other class-I legal
heirs of the deceased also gave their no objection with respect to
the grant of succession certificate in favour of the petitioner.
8. Based on the deposition of PW1, no objection given
by respondent no. 2 and 3 and supported by the documents relating
to the PPF account existing in the name of deceased, there is no
reason for the court to doubt that the petitioner is entitled to the
issuance of a Succession Certificate qua the balance amount.
9. Since the last place of residence of the deceased
namely Late Sh. Purushottam is reflected to be within the territorial
jurisdiction of this court, there is no bar to the grant of relief on the
ground of jurisdiction.
10. The court finds no impediment to the grant of
Succession Certificate to the petitioner.
11. Thus, the present petition is allowed and succession
certificate is ordered to be issued in favour of the petitioner with
respect to the amount of Rs. 59,72,279.28/- lying in PPF account
bearing account no. 10310675706 maintained with State Bank of
India, Indraprastha Estate, M-Block, New Delhi and any future
interest as may accrue and existing in the name of her deceased
husband Late Sh. Purushottam.
12. Let requisite court fee and an indemnity bond with one
surety of like amount be furnished within 15 days.
13. File be consigned to Record Room.
Announced in open Court MAYANK MITTAL
Delhi Dated 01.06.2023 ACJ-CCJ-ARC(EAST)
KKD Courts/Delhi
SC 24/23
Page No. 3/3
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