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. 44/2023
CNR No. DLNE03- 000796-2023
Smt. Budhani
W/o Late Sh. Dungar Singh,
R/o V-629, Gali No. 5,
Arvind Mohalla, Ghonda,
North East Delhi, Delhi-110053. .............Petitioner.
Versus
1. State Govt. of NCT of Delhi
Through Chief Secretary
Delhi Secretariat, IP Estate
New Delhi-110002.
Through its SDM (Seelampur)
GT Road, Seelampur,
North East, Delhi-110053.
2. State Bank of India
Branch Gamri Road, Ghonda,
Delhi-110053. ..............Respondents
Date of institution of the petition : 11.09.2023
Date on which judgment was reserved : 23.02.2024
Date of pronouncement of judgment : 23.02.2024
Decision : Allowed
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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 Late Sh. Dungar Singh, who had expired
intestate on 03.01.2023. State (Govt. of NCT) of Delhi along
with 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. 10201850570 in the name of deceased Mr.
Dungar Singh. As per the bank statement an amount of Rs.
2,229.80/- and fixed deposit account no. 10202051906 an amount
of Rs. 6,75,052/- as on date which is payable to deceased.
3. Service of notice of this petition was also effected
upon general public through publication in newspaper i.e. 'Veer
Arjun', dated 27.09.2023. 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. 11 pages) was
filed on behalf of respondent no. 1 i.e. SDM, Seelampur, Delhi
regarding the LRs of deceased Late Sh. Dungar Singh. As per the
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report, deceased left only one surviving legal heir namely Smt.
Budhani who is wife of deceased.
5. Sh. Lalit Kr. Verma, Branch Manager, from State
Bank of India was examined as RW-2 who has brought the bank
statement from his branch with respect to saving bank a/c no.
10201850570 in the name of deceased Late Mr. Dungar Singh.
As per the bank statement an amount of Rs. 2,229.80/- is
payable to deceased. The said bank statement is Ex. RW2/A
(colly. 3 pages) and fixed deposit account no. 10202051906 an
amount of Rs. 6,75,052/- as on date. The said FDR report to this
effect is Ex. RW2/B (colly. 2 pages).There is no nomination in
aforesaid saving account and Fixed Deposit account of deceased
Duggar Singh. System KYC of Duggar Singh @ Dungar Singh
showing name and date of birth and father’s name confirming
deceased Duggar Singh is Ex. RW2/C. He further stated that the
bank has no objection if succession certificate in respect of
aforesaid amount is granted in favour of petitioner Budhani. The
bank reserve 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. As per record the name of
deceased account holder is Duggar Singh as well as Dungar
Singh.
6. Petitioner examined herself as PW-1 and relied upon
the following documents to show his entitlement i.e.
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a. Copy of death certificate of deceased Late Mr.
Dungar Singh Ex. PW-1/A.
b. Surviving Certificate Ex. PW1/B.
c. Certificate U/s 65 B of Indian Evidence Act in
respect of death certificate of deceased is
Ex. PW1/C.
d. Publication report Ex.PW1/D.
e. Necessary report from SDM concerned Ex. RW-1/A
(colly. 11 pages).
f. Report received from concerned bank Ex. RW2/A
and Ex. RW2/B (colly. 3 pages).
g. Copy of my Aadhaar Card of petitioner is Ex.
PW1/E (OSR).
h. Affidavit regarding death of my mother in law and
father in law who died prior to my marriage and
regarding non availability of their death certificates
is Ex. PW1/F.
7. That vide separate statement of petitioner dated
23.02.2024, petitioner evidence was closed.
8. I have heard ld. counsel for the petitioner. Case file
perused.
9. A certificate can be granted to an applicant if it is
found that the rights in the securities belong to the applicant. As
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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.
10. Thus, from the averments made in the petition,
report of SDM Ex. RW1/A (colly 11 pages), report from
concerned bank Ex. RW2/A (colly. 3 pages) and Ex. RW2/B
(colly. 3 pages), System KYC of Duggar Singh @ Dungar Singh
showing name and date of birth and father’s name confirming
deceased Duggar Singh is Ex. RW2/C, with respect to debts and
securities of deceased in the present petition, I find that there is
no legal embargo for issuance of succession certificate in favour
of petitioner, Smt. Budhani who is a legal heir of the deceased
Late Mr. Dungar Singh, with respect to saving bank a/c no.
10201850570, an amount of Rs. 2,229.80/- is payable to
deceased and fixed deposit account no. 10202051906 an amount
of Rs. 6,75,052/- as on date.
11. Accordingly, petition is allowed and succession
certificate be issued in favour of petitioner, Smt. Budhani, for an
amount of Rs. 6,77,281.80/- with respect to saving bank a/c no.
10201850570 and fixed deposit account no. 10202051906, along
with interest or any other amount as may be enhanced or reduced
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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.
12. File be consigned to Record Room after due
compliance.
Announced in the open court (RINKU JAIN)
on 23rd February, 2024 ACJ-cum-ARC-cum-CCJ
North-East District, KKD,
Delhi
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