Final Order 11

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF ANUBHAV JAIN, DISTRICT JUDGE-05,
NEW DELHI DISTRICT, PATIALA HOUSE COURTS, NEW
DELHI
DLND010051692024
RCA DJ NO. 11/2024
IN THE MATTER OF:
ANIL KAPOOR
S/O LATE SHRI NEB RAJ KAPOOR (N.R. KAPOOR)
R/O A-180, INDERPURI
NEW DELHI-110012
....PETITIONER
VERSUS
1. THE STATE
(GOVT. OF NCT DELHI)
THROUGH CHIEF SECRETARY
DELHI SECRETARIAT, IP ESTATE,
NEW DELHI-110002
2. SNEH KAPOOR
D/O SH. N.R. KAPOOR (NEB RAJ KAPOOR)
R/O 6/8, FIRST FLOOR, EAST PATEL NAGAR
NEW DELHI-110008
3. SUCHETA KAPOOR
D/O SH. N.R. KAPOOR (NEB RAJ KAPOOR)
R/O 6/8, FIRST FLOOR, EAST PATEL NAGAR
NEW DELHI-110008
4. NEELAM MANGAL
W/O SHRI RAMESH CHANDER MANGAL
D/O SH. N.R. KAPOOR (NEB RAJ KAPOOR)
RCA DJ NO. 11/24 ANIL KAPOOR VS. THE STATE GOVERNMENT OF NCT OF DELHI Page 1 of 9
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R/O J-122, FIRST FLOOR, KIRTI NAGAR
NEW DELHI-110015
5. THE MANAGER
PUNJAB NATIONAL BANK
(PREVIOUSLY ORIENTAL BANK OF COMMERCE)
G-11, SOUTH EXTENSION, PART-1
NEW DELHI-110049
6. THE MANAGER
PUNJAB NATIONAL BANK
(PREVIOUSLY ORIENTAL BANK OF COMMERCE)
TAGORE INTERNATIONAL SCHOOL,
PASCHIMI MARG, VASANT VIHAR,
NEW DELHI-110057
7. THE MANAGER
TAMILNAD MERCANTILE BANK LTD.
384-390, FIRST FLOOR, LOKHNATH BUILDING
OPPOSITE POST OFFICE,
CHANDNI CHOWK, DELHI-110006
8. THE MANAGER
PUNJAB NATIONAL BANK
(PREVIOUSLY GLOBAL TRUST BANK LIMITED/
ORIENTAL BANK OF COMMERCE)
HARSHA BHAVAN, GROUND FLOOR, E-BLOCK,
CONNAUGHT PLACE, NEW DELHI-110001
9. THE MANAGER
H.D.F.C BANK
M-39, OUTER CIRCLE, CONNAUGHT PLACE,
NEW DELHI-110001
10. THE MANAGER
IBDI BANK LTD.
SURYA KIRAN BUILDING
19, K.G. MARG, NEW DELHI-110001
11. THE MANAGER
CENTRAL BANK OF INDIA
1367, SULTAN SINGH BUILDING,
BARA BAZAR, KASHMERE GATE,
RCA DJ NO. 11/24 ANIL KAPOOR VS. THE STATE GOVERNMENT OF NCT OF DELHI Page 2 of 9
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DELHI-110006
12. THE MANAGER
PUNJAB NATIONAL BANK
(PREVIOUSLY ORIENTAL BANK OF COMMERCE)
SHRI JI CHAMBERS, TATA ROAD NO. 2,
OPERA HOUSE, MUMBAI-400004.
13. THE MANAGER
TAMILNAD MERCANTILE BANK LTD.
92, KAZI SYED STREET,
MANDVI MUMBAI-400003
...RESPONDENTS
APPEAL UNDER SECTION 388 OF THE INDIAN
SUCCESSION ACT AGAINST THE ORDER/JUDGMENT
DATED 02.04.2024
DATE OF INSTITUTION : 04.07.2024
ARGUMENTS HEARD ON : 15.09.2025
DATE OF DECISION : 11.11.2025
JUDGMENT
1. The present appeal is preferred by the appellant/petitioner
namely Sh. Anil Kapoor against the impugned judgment dated
02.04.2024 passed by Ld. ACJ, PHC, NDD whereby ld. Trial
Court held that the petitioner along with respondents no. 2 to 4
are entitled for grant of succession certificate with respect to debt
and securities amounting to Rs. 24,58,747/- to the extent of one-
fourth share each.
For the sake of convenience, in the present judgment,
parties shall be referred to, by the nomenclature used in original
petition.
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FACTS AS PER PETITION
2. In brief, the facts of the case as stated by petitioner in his
petition are that the father of petitioner namely Sh. Neb Raj
Kapoor got married to Smt. Kaushalya Kapoor and out of the
said wedlock two sons and three daughters were born. It is
further stated that Sh. Neb Raj Kapoor expired on 05.01.2001,
while his wife namely Smt. Kaushalya Kapoor expired on
28.04.2021. Further one of the sons of Sh. Neb Raj Kapoor
namely Sh. Sunil Kapoor expired on 22.02.2018.
2.1 It is further stated that Sh. Neb Raj Kapoor at the time of
his death was residing at A-180, Inderpuri, New Delhi. It is
further stated that during his lifetime Sh. Neb Raj Kapoor has
deposited certain amounts with respondents no. 5 to 13 in the
form of FDR, terms deposits etc. and petitioner being son of Sh.
Neb Raj Kapoor is entitled for the same. It is further stated that
respondents no. 2 to 4 who are sisters of petitioner have no
objections in case the objections certificate is granted in favour
of petitioner.
2.2 By way of present petition, petitioner has sought
succession certificate with respect to debts and securities with
movable properties as mentioned in the petition so filed by the
petitioner.
3. As per the record, publication was made in newspaper
‘Veer Arjun’ and ‘The Statesman’ pursuant to filing of petition.
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Further, petitioner in order to prove his case has examined
following witnesses, which proved as follows:
a. RW-1 Sh. Shiv Kumar, Senior Manager, PNB Bank who
produced FDR a/c no. 10483031002231 in the name of Sh. N.R.
Kapoor and as per the record the balance in the said FDR was Rs.
5,53,819/-.
b. RW-2 Sh. Ram Nath Kumar, Sr. Manager, Central Bank of
India who produced statement of saving a/c no. 1137625012 of
Sh. N.R. Kapoor and as per which the balance in the said a/c is
Rs. 39,789.60/-.
c. RW-3 Sh. Farhaz Ali, Current A/c Manager, HDFC Bank
who produced deposit confirmation/renewal advice of FDR a/c
no. 122004470006678 of Sh. N.R. Kapoor and as per which the
balance in the said a/c is Rs. 2,58,662.25/-.
d. RW-4 Sh. Sumit Tomar, Assistant Manager, Tamilnad
Mercantile Bank Ltd. who produced FDR a/c no.
100200050111677 lying with Chandni Chowk Branch and FDR
a/c no. 066200410100411 lying with Mandvi, Mumbai Branch
and as per which the balance of FDR a/c no. 100200050111677
is Rs. 2,12,131.00/- and the balance of FDR a/c no.
066200410100411 is Rs. 86,260/-.
e. RW-5 Sh. Naveen Kumar, DGM, IDBI Bank who
produced balance confirmation certificate of Sh. N.R. Kapoor
for the FD no. 0011107000123587 and the balance of the said FD
is Rs. 2,92,536.68/-.
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4. Further, after recording of statement of the respondents
and completion of evidence, ld. Trial Court vide judgment dated
02.04.2024 held as follows:
“14. Vide instant petition, the petitioner who
is the son of the deceased is claiming the debts and
securities of the deceased in it’s entirety. He has
relied upon NOCs/affidavits of respondent No. 2 to
4 Ex. PW1/7 to Ex. PW1/9 in this regard whereby
respondent no. 2 to 4 have stated that they have no
objection if succession certificate is issued in
favour of the petitioner.
The aforesaid claim of the petitioner is
contested by respondent no. 2 to 4 as they have also
claimed their respective shares in the capacity of
class-I heirs of the deceased.
At the outset, it is observed that NOCs of
respondent no. 2 to 4 cannot be relied upon as the
same are not signed by any of the respondents.
Further, as has been noted in para 5, respondent no.
2 to 4 have appeared in court and given their
statement separately whereby even though they are
not objecting to the share of the petitioner,
however, they are also claiming their shares.
Respondent no. 2 to 4 are the daughters of the
deceased. Section 8 r/w Schedule of the Hindu
Succession Act, 1956 provides tha son and
daughter both are Class I legal heirs of the deceased
male Hindu.
Accordingly, in the instant matter, there are
4 class I legal heirs of the deceased, i.e. petitioner
and respondent no. 2 to 4 and they are entitledto
one-fourth share each.
15. Conclusion: In view of the reasons
spelled above, this court holds that petitioner
alongwith respondent no. 2 to 4 are entitled to grant
of succession certificate under section 373 of the
Act in respect of aforementioned securities, that is,
an amount of Rs. 24,58,747.70/- (Twenty Four
Lakhs Fifty Eight Thousand Seven Hundred Forty
Seven and Seventy Paise Only) to the extent of
one-fourth share each. They are also entitled to
interest/divident/consequential benefits, if any,
accrued thereupon.”
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5. Against the said judgment present appeal was preferred by
the petitioner. It is stated by the appellant in his appeal that the
Ld. Trial Court has failed to consider that respondents no. 2 to 4
are real sisters of appellant and have also filed their No Objection
by way of affidavit wherein they have categorically stated that
they have objection in case succession certificate with respect to
debts and securities be issued in favour of petitioner.
6. I have heard the arguments and perused the case file
carefully.
7. It is pertinent to state herein that upon issuance of notice of
the present appeal, respondents no. 2 to 4 appeared before the
court and stated that they have no objection in case the
succession certificate is issued with respect to debt and securities
exclusively in favour of their brother i.e. petitioner herein.
Statement of respondent no. 2 to 4 was recorded separately in
this regard by Ld. Predecessor Court on 17.04.2025.
Further, all the respondents filed their no objection in
favour of petitioner in the form of affidavit.
8. Since, respondent no. 2 to 4, who are only other surviving
member of late Sh. Neb Raj Kapoor, stated on oath as well as in
affidavit that they have no objection in case the present appeal is
allowed and the succession certificate with respect to debt and
securities of late Sh. N.R. Kapoor be issued exclusively in favour
of petitioner herein, without commenting upon the merits of the
impugned judgment dated 02.04.2024 same stands set aside.
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9. Hence, the petition for grant of Letter of Administration
has remained unrebutted and uncontroverted. No legal
impediment or suspicious circumstance has been brought to the
notice of the court and therefore, there is no legal bottleneck in
allowing the present petition for grant of letter of administration.
10. Accordingly, petitioner is entitled to the grant of Letter of
Administration with regard to debts and securities of late Sh. Neb
Raj Kapoor which are as follows:
a. PNB Bank, FDR a/c no. 10483031002231 having Rs.
5,53,819/-.
b. Central Bank of India, saving a/c no. 1137625012 having
Rs. 39,789.60/-.
c. HDFC Bank, FDR a/c no. 122004470006678 having
Rs. 2,58,662.25/-.
d. Tamilnad Mercantile Bank Ltd., FDR a/c no.
100200050111677 (Chandni Chowk Branch) having Rs.
2,12,131.00/- and FDR a/c no. 066200410100411
(Mandvi, Mumbai Branch) having Rs. 86,260/-.
e. IDBI Bank, FD no. 0011107000123587 having Rs.
2,92,536.68/-.
11. Petitioner shall comply with provisions of Section 317 of
Indian Succession Act after receipt of formal certificate of Letter
of Administration within prescribed time and necessary inventory
and Statement of Accounts shall be filed in due course within
time as prescribed under law. Non filing of same shall create the
ground for revocation of Letter of Administration.
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12. It is certified that issue of right, title, share and ownership
of property in question is not decided by this court. It is also
clarified that unless the proper separate certificate of Letter of
Administration is issued, this judgment alone should not be
treated as authorizing petitioner to deal with the property so
mentioned.
13. In view of the abovesaid observation, present appeal stands
allowed. File be consigned to record room after necessary
compliance.
Announced in the open Court
on 11.11.2025
(Anubhav Jain)
District Judge -05, NDD,
PHC/ND/11.11.2025
Note: This judgment contains 9 pages and each page has been
signed by me.
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