Final Order 15

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
DLNE030004742024
SC No. 33/2024
1. Riyanshi (aged about 13 years)
D/o Late Sh. Vijay Pal Yadav
(Through her grandfather and natural guardian Bansh Raj Yadav)
2. Nainishi (aged about 10 years)
D/o Late Sh. Vijay Pal Yadav
(Through her grandfather and natural guardian Bansh Raj Yadav)
3. Ram Sagar Yadav (aged about 9 years)
D/o Late Sh. Vijay Pal Yadav
(Through his grandfather and natural guardian Bansh Raj Yadav)
All R/o H. no. 537, Gali no. 10,
Shahid Bhagat Singh Colony,
Karawal Nagar, Delhi- 110094.
.............Petitioners
Versus
1. The State NCT of Delhi
2. HDFC Bank
Address: HDFC Bank Ltd.
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C-1/14A, Yamuna Vihar, New Delhi- 110053
3. HDFC Life Insurance Company Ltd.
Address: Shop no. G1 to G9, Ground Floor,
Plot no. -19 GE Sagar Plaza,
Near Nirman Vihar, Laxmi Nagar,
Vikas Marg, Delhi-110092
4. LIC Branch 108
6/32-33, Gurudwara Road,
Karol Bhag, Delhi-110005
5. Prem Lal Yadav (Father of deceased)
S/o Sh. Bhagwan Dass Yadav
R/o Village- Sanai Bahar, Post Aliganj,
Tehsil & Distt. Sultanpur,
Uttar Pradesh - 227805
6. Kalaisha Devi ( Mother of deceased)
W/o Sh. Prem Lal Yadav
R/o Village- Sanai Bahar, Post Aliganj,
Tehsil & Distt. Sultanpur,
Uttar Pradesh – 227805 .............Respondents
Date of institution of the petition : 24.07.2024
Date on which judgment was reserved : 13.10.2025
Date of pronouncement of judgment : 13.10.2025
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 Petitioners
for issuance of succession certificate with respect to debts and
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securities of deceased Reena Devi, who had expired intestate on
22.04.2024. The State of NCT of Delhi, HDFC Bank, HDFC Life
Insurance Company Ltd., LIC Branch, Prem Lal Yadav and
Kalaisha Devi are made respondents in this case.
2. The present petition has been filed with respect to
LIC Policy bearing no. 167918059, HDFC Bank FD, HDFC
Saving bank account no. 50100363499639 & HDFC Life
Insurance policy bearing no. 26033868 in the name of deceased
Reena Devi.
3. Service of notice of this petition was also effected
upon general public through publication in newspaper i.e. 'Virat
Vaibhav’ dated 17.10.2024 & ‘The Statesman’ dated 19.10.2024.
Till date, no objection for grant of certificate in favour of
Petitioners has been received from general public.
4. Accordingly, an enquiry was conducted and in the
enquiry, verification report Ex. RW2/A (colly. 13 pages) was
filed on behalf of respondent no. 1 (examined as RW2) i.e. SDM,
Karawal Nagar, Delhi regarding the LRs of deceased Reena
Devi. As per the report, deceased left following surviving legal
heirs:
i. Prem Lal Yadav Father of deceased
ii. Kalaisha Devi Mother of deceased
iii. Riyanshi Daughter of deceased
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iv. Nainshi Daughter of deceased
v. Ram Sagar Yadav Son of deceased
5. Respondent no. 2, Sh. Najmul Haq, Branch Sales
Officer, HDFC Bank, was examined as RW-5. He brought the
report from his branch with respect to saving bank account no.
50100363499639 in the name of deceased Reena Devi. He
deposed that as per the report, an amount of Rs. 10,56,145/- is
payable to deceased. The said report to this effect is Ex.
RW5/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 Petitioners. 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
certificate.
6. Respondent no. 3, Ms. Shikha Gupta, Deputy Legal
Manager, HDFC Life Insurance Company Ltd., was examined as
RW4, she brought the report from her branch with respect to
Policy bearing no. 26033868 in the name of in the name of
deceased Reena Devi. She deposed that as per the report, an
amount of Rs. 20,00,000/- is payable to deceased & Sh. Vijay Pal
Yadav is the nominee in the said policy. The said report to this
effect is Ex. RW4/A(Colly. 21 pages). She deposed that the
company has no objection if succession certificate in respect of
aforesaid amount is granted in favour of Petitioners. The
company reserves its right to verify that all the conditions for
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early death benefits are fulfilled and then the company would
release the amount as per succession certificate.
7. Ms. Shikha Gupta was examined by Ld. Counsel for
the petitioner. During cross-examination she admitted that no
death claim has been filed with respect to said policy.
8. Respondent no. 4, Sh. Bharat Bhushan, HGA, LIC
of India, was examined as RW1. He brought the report from his
branch with respect to LIC Policy bearing no. 167918059 in the
name of deceased Reena Devi. He deposed that as per the report,
an amount of Rs. 10,47,000/- is payable to deceased. The said
report to this effect is Ex. RW1/A. As per record, Sh. Vijay Pal
Yadav is the nominee in the said policy. He deposed that the LIC
has no objection if succession certificate in respect of aforesaid
amount is granted in favour of Petitionerss. The LIC reserves 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.
9. Respondent no. 5, Sh. Prem Lal Yadav (examined as
RW3), respondent no. 6, Kalaisha Devi (Sh. Umesh Kumar , SPA
holder of Kalaisha Devi (examined as RW6), have given their
statement regarding their no objection if the succession
certificate is issued in favour of the Petitionerss.
10. Grandfather of Petitioners examined as PW1 and he
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relied upon the following documents to show entitlement of
petitioners i.e.
a. Copy of death certificate of deceased Reena Devi
Ex. PW1/A.
b. Publications reports Ex. PW1/B & PW1/C.
c. Necessary report from SDM concerned Ex. RW2/A
(Colly. 13 pages).
d. The report received from concerned LIC Ex.
RW1/A.
e. The report received from concerned HDFC Life
Insurance Company Ltd. Ex. RW4/A (Colly. 21
pages).
f. The report received from concerned bank Ex.
RW5/A(Colly. 04 pages).
g. Copy of Aadhar Card of Petitioners’ grandfather Ex.
PW1/D(OSR).
11. That vide separate statement of the Petitioners dt.
13.10.2025, Petitioners’ evidence was closed.
12. I have heard Ld. counsel for the Petitioners. Case
file perused.
13. 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
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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.
14. Thus, from the averments made in the petition,
report of SDM Ex. RW2/A (Colly. 13 pages), report received
from concerned LIC Ex. RW1/A with respect to LIC Policy
bearing no. 167918059, report received from concerned HDFC
Life Insurance Company Ltd. Ex. RW4/A (Colly. 21 pages) with
respect to Policy bearing no. 26033868 and report received from
concerned bank Ex. RW5/A(Colly. 04 pages) with respect to
saving bank account no. 50100363499639 of deceased in the
present petition, I find that there is no legal embargo for issuance
of succession certificate in favour of Petitioners, who are legal
heir under Hindu Succession Act 1956, of the deceased Reena
Devi with respect to LIC Policy bearing no. 167918059, Policy
bearing no. 26033868 & saving bank account no.
50100363499639 in the name of deceased Reena Devi, for an
amount of Rs. 41,03,145/- , is payable to deceased.
15. Accordingly, petition is allowed and succession
certificate be issued in favour of all the three petitioners in equal
shares, for total amount of Rs. 41,03,145/-, payable to deceased
Reena 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 into the bank accounts of minor petitioners 1,2 &
3 in equal amounts. The petitioners shall get a minor savings
bank account opened in any nationalized bank, if not open
already, for this purpose.
16. File be consigned to Record Room after due
compliance.
Announced in the open court (Animesh Bhaskar Mani Tripathi)
on 13th October, 2025 ACJ-cum-ARC-cum-CCJ
North-East District, KKD,
Delhi/13.10.2025
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