Final Order 10

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF SH. PRANAT KUMAR JOSHI
ACJ-CUM-ARC-CUM-CCJ,
NORTH EAST DISTRICT: KARKARDOOMA COURTS,
DELHI
DLNE030009472025
SC No. 51/2025
1. Shashi Shrivastava
W/o Sh. Mahesh Chand Shrivastava
2. Sh. Mahesh Chand Shrivastava
S/o Late Roop Ram Shrivastava
Both R/o H. No. N-19 -U
Gali no. 1, Sadatpur Extn.
Biharipur, North East, Delhi – 110094. ……...Petitioners
Versus
1. The State
Through SDM
Distt. North East,
Nand Nagri, D.C. Complex,
Nand Nagari, Delhi – 110093.
2. The officer-In-Charge / Chairperson (CD-13)
Delhi State Industrial & Infrastructure Development Corpn. Ltd.
Office of the Executive Engineer CD-13
Technical Centre Building,
Wazirpur Industrial Area, Delhi – 110052
3. Intelligent Communication System India Ltd. (ICSIL)
Through its Director / Chairmen / MD
Office at:- Administrative Building Industrial Estate,
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Phase -03 RD, above Post Office,
Okhla Phase -III ,
Okhla Industrial Estate, New Delhi –110020
4. Employees Provident Fund Organization (EPFO)
(Ministry of Labour and Employment)
Through its commissioner / Pro
E- 117-118, Main Bazar
Laxmi Nagar, New Delhi
Also at: Plate a Ground Floor,
Office Block – II
East Kidwai Nagar, New Delhi – 110023
Also at:- Regional office, Delhi (East)
DSIIDC Facility Centre Building,
Flated Factory Complex,
2nd and 3rd Floor,
Jhilmil Industrial Area,
(Behind Dilshad Garden Metro Station Delhi-110095)
5. Smt. Riya Shrivastava
W/o Late Atul Shrivastava
D/o Hukum Chand Shrivastava
6. Baby Vedita Shrivastava (Minor Daughter)
D/o Late Atul Shrivastava
Both R/o Lal Phatak,
Near Shalom School,
Chanheti, Barilli, U.P
(Respondent no. 6 is minor and
representing through her mother
i.e. respondent no. 5) ...........Respondents
Date of institution of the petition : 16.12.2025
Date on which judgment was reserved : 16.07.2026
Date of pronouncement of judgment : 07.08.2026
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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
securities of deceased Sh. Atul Shrivastava, who had expired
intestate on 20.09.2024. The State, Delhi State Industrial &
Infrastructure Development Corpn. Ltd., Intelligent
Communication System India Ltd. (ICSIL), Employees
Provident Fund Organization (EPFO), Smt. Riya Shrivastava and
Baby Vedita Shrivastava (Minor Daughter) are made respondents
in this case.
2. The present petition has been filed with respect to
Gratuity amount & EPF, in the name of deceased Sh. Atul
Shrivastava.
3. Service of notice of this petition was also effected
upon general public through publication in newspaper i.e. 'Virat
Vaibhav’, dated 07.01.2026 & ‘The Statesman’ dt. 09.01.2026.
Till date, no objection for grant of succession certificate in favour
of petitioners has been received from general public.
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4. Accordingly, an enquiry was conducted and in the
enquiry, verification report Ex. RW2/A (colly. 12 pages) was
filed on behalf of respondent no. 1 i.e. SDM, Karawal Nagar,
Delhi regarding the LRs of deceased Sh. Atul Shrivastava. As
per the report, deceased left following surviving legal heirs:
i. Riya Shrivastava Wife of deceased
ii. Vedita Shrivastava Daughter of deceased
iii. Mahesh Chand Shrivastava Father of deceased
iv. Shashi Shrivastava Mother of deceased
5. Sh. Deepti Gupta, Manager Legal, ICSIL,
Administrative Building, Okhla Industrial Area, Phase -III, New
Delhi -110020, was examined as RW1. She brought the report
from her branch with respect to to Gratuity Bill in the name of
deceased Sh. Atul Srivastava. As per the said report an amount of
Rs. 1,78,035/- is payable to deceased. The said report to this
effect is Ex.RW1/A(Colly. 02 pages). Copy of her office ID Card
is Ex. RW1/B(OSR). Copy of her authority letter is Ex. RW1/C.
The department has no objection if succession certificate in
respect of aforesaid amount is granted in favour of petitioners.
6. Sh. Deepak Kumar, EO, EPFO, Office at DSIIDC
Complex Jhilmil, Delhi, was examined as RW3. He brought the
report from his department with respect to EPF A/c no.
DSNHP/11393/4185 (UAN no. 100096055925) in the name of
deceased Sh. Atul Shrivastava. As per the said report the claim
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regarding Form -20 (Death claim) was settled on 13.10.2025 for
an amount of Rs. 1,46,164/- was released in favour of Smt. Riya
Shrivastava ( Wife of deceased) and Form -10 D (Death Pension)
was settled and PPO no. DSNHP00037199 was issued for
amount of Rs. 38,680/- was released as arrears of pension on
13.11.2025 in favour of Smt. Riya Srivastava and an amount of
Rs. 9,667/- was released in favour of Ms. Vedita Srivastava
(daughter of deceased) and Form-51F was settled on 14.10.2025,
an amount of Rs.5,42,996/-was released in favour of Smt. Riya
Srivastava. Also monthly pension of Rs. 2,901/- is being released
in favour of Smt. Riya Srivastava and Rs.725/- is being released
in favour of Vedita Srivastava. According to him, nothing
remains to be paid to the deceased. The said report to this effect
is Ex. RW-3/A (colly. 52 Pages) Authority letter issued in his
name is Ex. RW-3/B. Copy of his official ID card is Ex. RW-3/C
(OSR). The department has no objection if succession certificate
in respect of aforesaid amount is granted in favour of petitioner.
7. Sh. Mahesh Kumar Arora, Divisional Manager,
DSIIDC, N-36, Bombay Life Building, Cannaught Place, New
Delhi, was examined as RW4. He brought the report from his
department with respect to gratuity amount in the name of
deceased Sh. Atul Shrivastava. As per the affidavit the Delhi
State Industrial & Infrastructure Development Corporation Ltd.
(DSIIDC) duly remitted the gratuity amount of Rs. 1,78,035/- dt.
03.10.2025 vide sanction no. 3229 to respondent no. 3
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Intelligence Communication System India Ltd. (ICSIL) and as
such, furnished its liability in respect of the gratuity of the
deceased employee, Mr. Atul Shrivastava and that DSIIDC has
acted in good faith and in accordance with law, and all payments
due and payable towards gratuity in respect of the deceased
employee have been duly discharged. Copy of the affidavit is
Ex. RW4/A(Colly. 09 pages). Copy of his office ID is Ex.
RW4/B(OSR).
8. Respondent no. 5 Smt. Riya Srivastava was
examined as RW5 on behalf of herself and also on behalf of
respondent no.6 being natural guardian/ mother. She stated that
she has no objection if the succession certificate in respect of the
debts and securities pertaining to deceased Lt. Atul Srivastava is
issued in favour of the petitioners along with her and her
daughter (all Class-I legal heirs proportionately). Copy of her
Adhaar Card is Ex.RW-5/A(OSR) and Copy of Aadhar card of
respondent no. 6 is Ex.RW5/B (OSR).
9. Petitioner no.1 and 2 have examined themselves as
PW1 and PW2 and they relied upon the following documents to
show their entitlement i.e.
a. Copy of death certificate of deceased Ex.
PW1/A(OSR).
b. Publication report Ex.PW1/B & Ex. PW1/C
c. Necessary report from SDM concerned Ex. RW2/A
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(colly. 12 pages).
d. Report received from concerned ICSIL Ex.
RW1/A(Colly. 02 pages)
e. Report received from concerned EPFO Ex.
RW3/A(Colly. 52 pages)
f. Report received from concerned Infrastructure
Development Corpn. Ltd. Ex.RW4/A(Colly. 09
pages)
g. Copy of Aadhar card of petitioner no. 1 Ex. PW1/D
(OSR).
h. Copy of Aadhar card of petitioner no. 2 Ex. PW2/A
(OSR).
10. Petitioners’ evidence was closed on 16.07.2026.
11. I have heard Ld. counsel for the petitioners. Case
file perused.
12. A certificate can be granted to an applicant if it is
found that the rights in the securities belong to the applicants. 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 applicants if they appear to be the persons having prima-
facia the best title therein.
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13. Thus, from the averments made in the petition,
report of SDM Ex. RW2/A (colly. 12 pages), Report of concerned
ICSIL Ex. RW1/A(Colly. 02 pages), Report of concerned EPFO
Ex. RW3/A(Colly. 52 pages) and report of concerned
Infrastructure Development Corpn. Ltd. Ex.RW4/A(Colly. 09
pages) 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 with respect to gratuity amount of Rs.
1,78,035/- in favour of petitioner no. 1, respondent no. 5(wife of
deceased) and respondent no. 6 (minor daughter of deceased)
who are Class-I legal heirs of deceased Sh. Atul Shrivastava as
per Hindu Succession Act 1956, for an amount of Rs. 1,78,035/-
payable to deceased Sh. Atul Srivastava.
14. Accordingly, petition is allowed and succession
certificate be issued in in equal share i.e. 1/3rd share each in
favour of the petitioner no. 1 namely Shashi Shrivastava,
Respondent no. 5 namely Riya Shrivastava (wife of deceased)
and Respondent no. 6 namely Vedita Shrivastava (minor daughter
of deceased) for an amount of Rs. 1,78,035/- (One Lakh Seventy
Eight Thousand and Thirty Five Rupees only), payable to the
deceased Sh. Atul Shrivastava 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.
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15. File be consigned to Record Room after due
compliance.
Announced in the open court (Pranat Kumar Joshi)
on 07th August, 2026 ACJ-cum-ARC-cum-CCJ
North-East District, KKD,
Delhi/ 07.08.2026
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