Final Order 7

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF ACJ-CUM-CCJ-CUM-ARC (EAST)
KARKARDOOMA COURTS, DELHI
Presided by: Nitish Kumar Sharma
SC No.37/2026
CNR No.DLET030004802026
IN THE MATTER OF:
1. SH. PAWAN AGARWAL
S/O LATE SH. SHYAM SUNDER
2. SH. PRABHAT KUMAR
S/O LATE SH. SHYAM SUNDER
3. SH. PIYUSH AGARWAL
S/O LATE SH. SHYAM SUNDER
ALL R/o A-120, SWASTHYA VIHAR,
LAXMI NAGAR, DELHI-110 092.
4. SMT. SARLA BHUSAN
W/O SH. SHAILENDRA BHUSAN
R/O 2/147, SAINANI MARG,
NEW VISHNUPURI, KOIL,
ALIGARH (UP)- 202 001.
5. SMT. POONAM GUPTA
W/O SH. BHARAT BHUSHAN GUPTA
R/O 7/12, ROOP NAGAR, DELHI-110 007.
….Petitioners
VERSUS
STATE OF DELHI
(GOVT. OF NCT OF DELHI)
…...Respondent
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Date of Institution 21.04.2026
Date of conclusion of arguments 18.09.2026
Date of pronouncement of judgment 18.09.2026
PETITION U/S 372 OF INDIAN SUCCESSION ACT
JUDGMENT
1. The present petition has been filed under section 372
of the Indian Succession Act, 1925 by Sh. Pawan Agarwal, Sh.
Prabhat Kumar, Sh. Piyush Agarwal, Smt. Sarla Bhusan and Smt.
Poonam Gupta (hereinafter called petitioners) for a Succession
Certificate qua the debts existing in the name of their deceased
father Late Sh. Shyam Sunder who is stated to have expired on
28.12.2019 at Delhi.
2. The petitioners are 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 'Virat Vaibhav'. However, nobody
from the general public has filed any objection to the present
petition.
4. To prove their claim qua the issuance of succession
certificate, the petitioner no. 1 examined himself, petitioner
no.2,3,4 & 5 as PW-1 to PW-5. Petitioners proved the death of their
deceased father by producing copy of his death certificate which is
Ex PW-1/1. Mother of petitioner no.1 has already expired and copy
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of her death certificate is Mark-A.
5. Official from the office of SDM Office, concerned has
already filed report of surviving member certificate.
6. RW-1 Ms. Seema Rana, Asstt. Ahlmad from the court
of Sh. Manoj Kumar-1, District Commercial-05, Central, Tis
Hazari Court, Delhi has placed the certified copy of order dated
17.01.2026 in CS (Comm) No.3946/21 titled as “Pawan Aggarwal
& rs Vs Alok Bedi as Ex.RW-1/A (colly).
7. The court has heard submissions made by the counsel
and has perused the record.
8. It can be inferred that the succession certificate
ensures that process of release of debt of the deceased is
streamlined and the debtor is provided security against numerous
claims. The aim of such certificate is that it acts as conclusive
proof for discharge of money against the debtor. The court granting
the certificate is not required to determine the question of title and
the Court by its order granting the certificate merely authorises one
to collect the debts or securities of the deceased who then acts as a
trustee to distribute the amount to the legal heirs of the deceased.
Even though the proceedings for issuance of succession certificate
are summary in nature yet, in terms of Rule 3(d) of Part B- Chapter
6- Volume II of the Delhi High Court Rules, the court can take
sufficient evidence to enable it to form an opinion as to who is best
entitled to the certificate in respect of the estate of the deceased.
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9. The present succession petition has been made by the
petitioners seeking issuance of succession certificate qua the debts
of their Father Late Sh. Shyam Sunder. It is stated that the
deceased has expired on 28.12.2019 leaving behind the petitioners
as his LRs. It is further stated that the deceased was operating a
firm in the name of M/s Prabhat Prakashan and one Mr. Alok Bedi
i.e. proprietor of Bright Book Bureau India had taken certain goods
from the firm of deceased and a debt/balance of Rs.3,86,215/- is
due to be paid by him to the firm of deceased. It is further stated
that a suit has been filed by the petitioners against the said firm of
Mr. Alok Bedi and prior to the institution of suit, some books were
returned and the final outstanding amount is Rs.2,41,008/- with
interest. It is further stated that a succession certificate is required
as per Sec.214 of Indian Succession Act.
10. Pertinently, S.214 of Indian Succession Act which
reads as under:.
214. Proof of representative title a condition precedent to
recovery through the Courts of debts from debtors of
deceased persons. --(1)
No Court shall
(a) pass a decree against a debtor of a deceased person for
payment of his debt to a person claiming on succession to be
entitled to the effects of the deceased person or to any part
thereof, or
(b) proceed, upon an application of a person claiming to be
so entitled, to execute against such a debtor a decree or
order for the payment of his debt, except on the production,
by the person so claiming of
(i) a probate or letters of administration evidencing
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the grant to him of administration to the estate of the
deceased, or
(ii) a certificate granted under section 31 or section
32 of the Administrator General's Act, 1913 (3 of
1913), and having the debt mentioned therein, or
(iii) a succession certificate granted under Part X and
having the debt specified therein, or
(iv) a certificate granted under the Succession
Certificate Act, 1889 (7 of 1889), or
(v) a certificate granted under Bombay Regulation
No.VIII of 1827, and, if granted after the first day of
May, 1889 having the debt specified therein.
(2) The word “debt” in sub-section (1) includes any debt
except rent, revenue or profits payable in respect of land
used for agricultural purposes.
11. In view of the above discussion and supported
documents, prima facie, petitioners seems to be entitled to the
issuance of a succession certificate to assert their claim to recover
the debts of their deceased father.
12. Since the last place of residence of the deceased
namely Late Sh. Shyam Sunder 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.
13. In the overall circumstances of the case, the court
finds no impediment to the grant of Succession Certificate in
favour of the petitioners equally. Thus, the present petition is
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allowed and succession certificate is ordered to be issued in favour
of the petitioners equally for the following debt:
S
No.
Details of debts Amount
1. Mr. Alok Bedi i.e. proprietor of Bright
Book Bureau India.
Rs.2,41,008/- with
interest
14. Let requisite court fee in terms of Article 12 of
Schedule-I of Court Fees Act as applicable to Delhi, and an
indemnity bond with one surety of like amount be furnished within
15 days by petitioners.
15. File be consigned to Record Room after due-
compliance.
Announced in open Court
Delhi Dated 18.08.2026
Nitish Kumar Sharma
ACJ-CCJ-ARC(East)
KKD Courts/Delhi
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