Final Order 5

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF SH. ANIMESH BHASKAR MANI
TRIPATHI
ACJ-CUM-ARC-CUM-CCJ,
NORTH EAST DISTRICT: KARKARDOOMA COURTS,
DELHI
DLNE030002342025
SC No. 11/2025
Sh. Mohit Panwar
S/o Sh. Mahender Pal Panwar,
R/o C-11/186, Yamuna Vihar,
Delhi – 110053. .............Petitioner
Versus
1. Govt. of NCT of Delhi
Service to be effected through
The Chief Secretary,
5, Shamnath Marg,
Delhi-110054.
2. Sh. Mahender Pal Panwar
S/o Late Sh. Kansi Ram
3. Smt. Renu Panwar,
D/o Sh. Mahender Pal Panwar
4. Smt. Kamini Panwar
D/o Sh. Mahender Pal Panwar
(Respondent no. 2 to 4)
R/o C-11/186, Yamuna Vihar,
SC No. 11/2025 Mohit Panwar Vs. Govt. of NCT of Delhi Page No. 1 of 6
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Delhi – 110053.
5. State Bank of India
Gokulpuri, Delhi
Service be effected through the Manager .............Respondents
Date of institution of the petition : 08.04.2025
Date on which judgment was reserved : 22.09.2025
Date of pronouncement of judgment : 22.09.2025
Decision : Allowed
PETITION FOR GRANT OF SUCCESSION
CERTIFICATE UNDER SECTION 372 OF THE INDIAN
SUCCESSION ACT.
JUDGMENT
1. The present petition has been filed by the petitioner
for issuance of succession certificate with respect to debts and
securities of deceased Smt. Sumitra Devi, who had expired
intestate on 17.11.1994. The Govt. of NCT of Delhi, Sh.
Mahender Pal Panwar, Smt. Renu Panwar, Smt. Kamini Panwar
and State Bank of India are made respondents in this case.
2. The present petition has been filed with respect to
saving bank a/c no. 10086403007, in the name of deceased Smt.
Sumitra Devi.
3. Service of notice of this petition was also effected
upon general public through publication in newspapers i.e. 'The
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Statesman’, dated 20.08.2025 & ‘Rashtriya Sahara’, dated
20.08.2025. Till date, no objection for grant of certificate in
favour of petitioner has been received from general public.
4. Accordingly, an enquiry was conducted and in the
enquiry, verification report Ex. RW1/A (Colly. 13 pages) was
filed on behalf of respondent no. 1 (examined as RW1) i.e. SDM,
Yamuna Viha, Delhi regarding the LRs of deceased Smt. Sumitra
Dev. As per the report, deceased left following surviving legal
heirs:
i. Sh. Mahender Pal Panwar Husband of deceased
ii. Sh. Mohit Panwar Son of deceased
iii. Smt. Renu Panwar Daughter of deceased
iv. Smt. Kamini Panwar Daughter of deceased
5. Respondent no. 5, Sh. Vaibhav Kumar Gupta, Jr.
Associate, State Bank of India was examined as RW-2. He
brought the report from his branch with respect to saving bank
a/c no. 10086403007 in the name of Late Smt. Sumitra Devi. He
deposed that as per the report, an amount of Rs. 4,75,638/-(as on
09.06.2025) is payable to deceased. The said report to this effect
is Ex. RW2/A(Colly. 04 pages). He deposed that the bank has no
objection if succession certificate in respect of aforesaid amount
is granted in favour of petitioner. The bank reserves its right to
verify that all the conditions for early death benefits are fulfilled
and then the bank would release the amount as per succession
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certificate.
6. Respondent no. 2, Sh. Mahender Pal Panwar
(examined as RW3), respondent no. 3, Smt. Renu Panwar
(examined as RW4) & respondent no. 4, Smt. Kamini Panwar
(examined as RW5), have given their statement regarding their
no objection if the succession certificate is issued in favour of the
petitioner.
7. Petitioner no. 1 examined as PW1 and he relied
upon the following documents to show her entitlement i.e.
a. Copy of death certificate of deceased Smt. Sumitra
Devi Ex. PW1/A (OSR).
b. Publications reports Ex. PW1/B & Ex. PW1/C.
c. Necessary report from SDM concerned Ex. RW1/A
(Colly. 13 pages).
d. The report received from concerned Bank Ex.
RW2/A (Colly.04 Pages).
e. Copy of Aadhar Card of Petitioner Ex. PW1/D
(OSR).
8. That vide separate statement of the petitioner dt.
22.09.2025, petitioners’ evidence was closed.
9. I have heard Ld. counsel for the petitioner. Case file
perused.
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10. A certificate can be granted to an applicant if it is
found that the rights in the securities belong to the applicant. As
per Section 373(3), even if the Court is not able to decide the
right to certificate without determining the question of law or fact
which seem to be too intricate and difficult for determination in a
summary proceeding, the certificate may nevertheless be granted
to the applicant if he / she appears to be the person having prima-
facia the best title therein.
11. Thus, from the averments made in the petition,
report of SDM concerned Ex. RW1/A (Colly. 13 pages) and
report received from concerned bank RW2/A(Colly. 04 pages)
with respect to saving bank a/c no. 10086403007 of deceased in
the present petition, I find that there is no legal embargo for
issuance of succession certificate in favour of petitioner, who is
class-I legal heir under Hindu Succession Act 1956, of the
deceased Smt. Sumitra Devi with respect to saving bank a/c no.
10086403007, in the name of deceased Smt. Sumitra Devi , for
an amount of Rs. 4,75,638/-(as on 09.06.2025), is payable to
deceased.
12. Accordingly, petition is allowed and succession
certificate be issued in favour of petitioner, for an amount of Rs.
Rs. 4,75,638/-(as on 09.06.2025), payable to deceased Smt.
Sumitra Devi, along with interest or any other amount as may be
enhanced or reduced till date, on filing of requisite Court Fees in
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terms of Article 12, Schedule I of the Court Fee Act 1870 as
applicable to Delhi along with indemnity bond with one surety in
the like amount.
13. File be consigned to Record Room after due
compliance.
Announced in the open court (Animesh Bhaskar Mani Tripathi)
on 22nd September, 2025 ACJ-cum-ARC-cum-CCJ
North-East District, KKD,
Delhi/22.09.2025
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