Final Order 5

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF SH. RINKU JAIN
ACJ-CUM-ARC-CUM-CCJ,
NORTH EAST DISTRICT: KARKARDOOMA COURTS,
DELHI
SC No. 17/2024
CNR No. DLNE03-000276-2024
Sh. Sunil Kumar
Brother of Late Sh. Pramod Kumar
R/o H.No. A-1/54, Gali No. 4, Kabir Nagar,
Gokalpuri, North East, Delhi-110094. .............Petitioner.
Versus
1. State (NCT of Delhi)
2. LIC of India,
Branch no. 11-D, 3rd Floor, Plot No. 6,
Jeevan Pragati Building, Community Centre,
Laxmi Nagar. Delhi-110092.
3. Sushil Kumar
B/o Late Sh. Pramod Kumar,
A-1/54, Gali No. 4,
Kabir Nagar, Gokalpuri, North East,
Delhi-110094. ..............Respondents
Date of institution of the petition : 01.05.2024
Date on which judgment was reserved : 03.06.2024
Date of pronouncement of judgment : 26.07.2024
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
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for issuance of succession certificate with respect to debts and
securities of deceased Late Sh. Pramod Kumar, who had expired
intestate on 09.03.2021. State (Govt. of NCT) of Delhi, the LIC
of India and Sushil Kumar are made respondents in this case.
2. The present petition has been filed with respect to
Policy no. 126623580 in the name of deceased Late Sh. Pramod
Kumar.
3. Service of notice of this petition was also effected
upon general public through publication in newspaper i.e. 'Virat
Vaibhav, dated 19.05.2024. 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. 4 pages) was filed
on behalf of respondent no. 1 i.e. SDM, Shahdara, Delhi
regarding the LRs of deceased Late Sh. Pramod Kumar. As per
the report, deceased left following surviving legal heirs:
i. Sh. Sunil Kumar brother of deceased
ii. Sh. Sushil Kumar brother of deceased
5. Sh. Daya Ram, Assistant Administrative Officer (AAO),
LIC of India was examined as RW2. He brought report dated
31.05.2024 from his branch with respect to policy no. 126623580
in the name of deceased Late Sh. Pramod Kumar. As per the said
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report an amount of Rs. 2,77,600/- is payable to deceased. The
said report to this effect is Ex. RW2/A (colly 05 pages). As per
the record, there was a nominee namely Inderjeet for the policy
holder however, the nominee predeceased the policy holder
namely Pramod Kumar. The LIC has no objection if succession
certificate in respect of aforesaid amount is granted in favour of
petitioner Sunil Kumar. The LIC reserve its right to verify that all
the conditions for early death benefits are fulfilled and then the
LIC would release the amount as per succession certificate.
6. RW-3 namely Sh. Sushil Kumar has given his statement
regarding his no objection if the succession certificate is issued in
favour of the petitioner. Copy of his Aadhar cards is Ex. RW-3/A
(OSR).
7. Petitioner examined himself as PW-1 and relied upon the
following documents to show his entitlement i.e.
a. Copy of death certificate of deceased Late Sh.
Pramod Kumar Ex. PW1/A.
b. Copy of death certificate of father of deceased
namely Inderjeet Ex. PW1/B.
c. Copy of death certificate of mother of deceased
namely Usha Devi Ex. PW1/C.
d. Certificate U/s 65 B of Indian Evidence Act
regarding all three death certificates Ex. PW1/D.
e. Publication report Ex.PW1/E.
f. Necessary report from SDM concerned Ex. RW-1/A
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(colly.4 pages).
g. Report received from LIC Ex.RW2/A (colly. 5
pages).
h. Copy of Aadhar card of respondent no. 3 Ex.
RW3/A (OSR).
i. Copy of Aadhar card of Petitioner Ex. PW1/F(OSR).
8. That vide separate statement of petitioner dated
03.06.2024, petitioner evidence was closed.
9. I have heard ld. counsel for the petitioner. Case file
perused.
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 appears to be the person having
prima-facia
the best title therein.
11. Thus, from the averments made in the petition,
report of SDM Ex. RW1/A (colly. 4 pages) and report from LIC
of India Ex. RW2/A (colly 05 pages), with respect to debts and
securities of deceased in the present petition, I find that there is
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no legal embargo for issuance of succession certificate in favour
of petitioner who is a legal heir of the deceased Late Sh. Pramod
Kumar with respect to policy no. 126623580 in the name of
deceased Late Sh. Pramod Kumar for an amount of Rs.
2,77,600/- is payable to deceased.
12. Accordingly, petition is allowed and succession
certificate be issued in favour of petitioner, for an amount of Rs.
2,77,600/ payable to deceased Late Sh. Pramod Kumar, along
with interest or any other amount as may be enhanced or reduced
till date, on filing of requisite Court Fees in 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 (RINKU JAIN)
on 26th July, 2024 ACJ-cum-ARC-cum-CCJ
North-East District, KKD,
Delhi
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