Final Order 6

Order Details: COPY OF JUDGMENT
Pdf Text: DLET030009802024
Presented on : 20-08-2024
Registered on : 21-08-2024
Decided on : 26-05-2025
Duration : 0 years, 9 months, 6 days
IN THE COURT OF
ACJ/CCJ/ARC AT EAST DELHI
Presided Over by Sh. Vinik Jain
SUCCESSION COURT/82/2024
IN THE MATTER OF:
Sh. Ankit Jain
S/o Late Sh. Pradeep Jain,
R/o D-123, Plot no. 43, Bathla Apartments,
Patparganj, I.P Extension, PO Shakarpur,
East Delhi, Delhi-110092 ...Petitioner
VERSUS
1. State (Govt of NCT of Delhi)
Off- Shastri Nagar, Geeta Colony, Delhi
Through SDM- Preet Vihar
2. The Branch Manager
Bank of India,
Address Plot no. 10, Savitri Plaza,
I P Extension, Patparganj Delhi,
New Delhi-110092
3. Farsight Group
Triveni Plaza, 17A/55,
Gurudwara Road, Karol Bagh,
New Delhi, Delhi-110005
SC- 82/24 Page No. 1/4
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4. Smt. Asha Jain
W/o Late Sh. Pradeep Jain,
R/o D-123, Plot no. 43,
Bathla Apartments,
Patparganj, I P Extension,
PO: Shakarpur,
East Delhi, Delhi-110092 ..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 Sh. Ankit Jain (hereinafter
called petitioner) for a Succession Certificate in respect of debt and
securities existing in the name of his deceased Late Pradeep Jain
who is stated to be expired on 27.11.2020 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. To prove his case, the petitioner examined himself as
PW-1. It is seen that the petitioner proved the death of his
deceased father by producing copy of his death certificate is Ex
PW-1/1. Petitioner has also brought copy of identity proof i.e
Aadhar Card is Ex PW-1/2. Petitioner has also brought copy of
identity proof of his father is Ex PW-1/3.
Official from the office of SDM Office, concerned
has already filed report of surviving member certificate.
SC- 82/24 Page No. 2/4
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5. RW-2 Sh. Piyush Dubey, Officer, Bank of India,
Branch Patparganj, Delhi and RW-3 Sh. Joji Joseph, Manager,
Farsight Securities Ltd, 17A/55, WEA Triveni Plaza, Gurudwara
Road, Karol Bagh, New Delhi-110005, have filed a statement
pertaining to the saving account and 706 shares bearing account
and client ID no. 603210100018064 and 10005476 of deceased
Late Pradeep Jain @ Prdeep Jain. The reply shows a balance of
Rs. 17,029.27/- and Rs. 8,02,403.44/- respectively. The same are
Ex RW-2/B (colly) and Ex RW-3/A (colly).
6. Further, respondent no. 4 is the other legal heir of the
deceased also gave her no objection with respect to the grant of
succession certificate in favour of the petitioner.
7. Based on the deposition of PW-1, no objection given
by respondent no. 4 and supported by the documents relating to the
said debt and securities existing in the name of deceased; prima
facie, petitioner seems to be entitled to the issuance of a succession
certificate.
8. Since the last place of residence of the deceased
namely Late Pradeep Jain @ Prdeep Jain 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.
10. Thus, the present petition is allowed and succession
certificate is ordered to be issued in favour of the petitioner lying in
the said funds which are as follows:-
S
No.
Name of the account/account and client
ID no /Institution Name
Amount
SC- 82/24 Page No. 3/4
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1. Saving account/ 603210100018064/Bank
of India, Branch Patparganj, Delhi
Rs. 17,029.27/-
2. 706 shares/ 10005476/ Farsight Securities
Ltd, 17A/55, WEA Triveni Plaza,
Gurudwara Road, Karol Bagh, New
Delhi-110005
Rs. 8,02,403.44/-
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 his deceased father namely
Late Late Pradeep Jain @ Prdeep Jain.
12. Let requisite court fee and an indemnity bond with one
surety of like amount be furnished within 15 days by the petitioner.
13. File be consigned to Record Room.
Announced in open Court VINIK JAIN
Delhi Dated 26.05.2025 ACJ-CCJ-ARC(EAST)
KKD Courts/Delhi
SC- 82/24 Page No. 4/4
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