Final Order 11

Order Details: COPY OF JUDGMENT
Pdf Text: DLET030009312023
Presented on : 09-06-2023
Registered on : 01-07-2023
Decided on : 02-05-2025
Duration : 1 years, 10 months, 23 days
IN THE COURT OF
ACJ/CCJ/ARC AT EAST DELHI
Presided Over by Sh. Vinik Jain
SUCCESSION COURT/67/2023
IN THE MATTER OF:
1. Smt. Varsha
W/o Late Sh. Vipin Kumar,
2. Master Abhinav Verma
S/o Late Sh. Vipin Kumar,
3. Master Aniket Verma
S/o Late Sh. Vipin Kumar,
Petitioner no. 2 and 3 are minor
through their legal guardian and mother
Smt. Varsha
All R /o H No. 17/488, Chilla Saroda,
Khadar, Kalyan Puri,
East, Delhi-110091
Also at:-
House no. 73, Gali no.1,
Indergarhi Akash Nagar,
Ghanshyam Farm House,
Near Tyagi Hostel,
Ghaziabad, U.P. ...Petitioners
SC- 67/23 Page No. 1/4
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VERSUS
1. State
2. Life Insurance Corporation of India
Branch Office No. 12p,
Divisional Office, Delhi-II,
2/25, Roop Nagar,
Delhi-110007
3. Preeti Verma
D/o Not Known,
R/o Not Known ...Respondents
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 Smt. Varsha, Master
Abhinav Verma and Master Aniket Verma (hereinafter called
petitioners) for a Succession Certificate in respect of LIC existing
in the name of their deceased husband and father Vipin Kumar
who are stated to be expired on 05.12.2022 in U.P.
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. To prove her case, the petitioner no.1 examined
herself as PW-1. It is seen that the petitioner no.1 proved the death
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of her deceased husband by producing copy of his death certificate
is Mark A. Petitioner no.1 has filed copy of her identity proof i.e
Aadhar Card is Ex PW-1/1. Petitioner no.1 has also filed copies of
their identity proof of Aadhar Cards of petitioner no. 2 and 3 are
Ex PW-1/2 and Ex PW-1/3.
Official from the office of SDM Office, concerned
who has already filed report of surviving member certificate.
5. Perusal of the file it appears that respondent no. 3
namely Ms. Preeti Verma was served through publication on
30.07.2024. Despite that no objections have been filed.
6. RW-1 Sh. Praveen Kumar, Asstt. Admn, Officer, LIC
of India, Branch-12P, Daryaganj, Delhi, has filed a statement
pertaining to the LIC policy bearing policy no 124055840 existing
in the name of Vipin Kumar. The reply shows a balance of Rs.
2,00,000/-. The same are Ex RW-1/B (colly).
7. Based on the deposition of PW-1 and supported by the
documents relating to the said debt and securities existing in the
name of deceased; prima facie, petitioner no.1 seems to be
entitled to the issuance of a succession certificate.
8. Since the last place of residence of the deceased
namely Vipin Kumar 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.
9. The court finds no impediment to the grant of
Succession Certificate to the petitioner no.1.
10. Thus, the present petition is allowed and succession
certificate is ordered to be issued in favour of the petitioner no.1
lying in the said funds which are as follows:-
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S
No.
Name of policy/account No /Institution
Name
Amount
1. LIC policy/124055840 /LIC of India,
Branch-12P, Daryaganj, Delhi
Rs. 2,00,000/-
11. The holder of the succession certificate would also be
entitled to any future interest on the aforesaid debt and securities as
may accrue and existing in the name of her deceased husband
namely Late Sh. Vipin Kumar.
12. Let requisite court fee and an indemnity bond with one
surety of like amount be furnished within 15 days by the petitioner
no.1.
13. File be consigned to Record Room.
Announced in open Court VINIK JAIN
Delhi Dated 02.05.2025 ACJ-CCJ-ARC(EAST)
KKD Courts/Delhi
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