Final Order 8

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF SH. AJAY SINGH PARIHAR
ACJ-CUM-ARC (NORTH), ROHINI COURT, DELHI
SCC No. 18/2024.
CNR No. DLNT03002822024.
Rajvinder Singh Matharoo
S/o Late Smt. Dalip Kaur and Sh. Gurdiyal Singh
R/o Flat No. C-105, Farmer Apartments
Sector 13, Rohini, Delhi-110085
… Petitioner
Versus
1. The State (Govt. of NCT of Delhi)
Through Principal Secretary, Delhi Secretariat
IP Estate, New Delhi-110002
2. Smt. Amrit Kaur
W/o Sh. Khushwant Singh
D/o Late Sh. Gurdiyal Singh
R/o 106, Vikas Kunj
Vikaspuri, Delhi
3. Smt. Jaswinder Mehta
W/o Sh. Vinay Mehta
D/o Late Sh. Gurdiyal Singh
R/o 203, Satya Shanti Apartments
Plot No. 23, Sector13, Rohini, Delhi-110085
4. Parvinder Singh
S/o Late Sh. Gurdiyal Singh
R/o A-2/7, Shivah Apartments
Sector-14, Rohini, Delhi-110085
CS No. 18/2024.
Rajvinder Singh Matharoo VS State & Ors
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5. Office of the Pension Department Officer (DPDO)
Rear Square, Delhi Cantt-110010
Date of Institution : 16.02.2024
Date of Reserving Judgment : 04.11.2025
Date of Judgment : 04.11.2025
Petition for grant of Succession Certificate in respect of the debts and
securities of deceased Smt. Dalip Kaur u/s 372 of Indian Succession Act,
1925
JUDGMENT
1. The present petition has been filed u/s 372 of Indian Succession Act,
1925 for grant of succession certificate with respect to deceased Smt.
Dalip Kaur (hereinafter referred to as “deceased”) as well as other
consequential relief as per law.
2. As per the petition, petitioner as well as respondent no. 2 to 4 are the
children of deceased. It is averred that deceased Smt. Dalip Kaur
expired intestate on 04.06.2021 and that at the time of death, she was
ordinarily residing at D-198, Prashant Vihar, Sector-14, Rohini, Delhi.
It is averred that husband of deceased namely Sh. Gurdiyal Singh pre-
deceased her on 07.09.2019. It is further stated that there is no
impediment to the grant of succession certificate under the Succession
Act in favour of the petitioners.
3. General public was informed by way of publication in a newspaper
namely “Punjab Kesari” dated 23.05.2024. However, despite
publication, no one from general public has come forward to file
objections for the issuance of succession certificate in favour of the
CS No. 18/2024.
Rajvinder Singh Matharoo VS State & Ors
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petitioners.
4. Notice was issued to SDM concerned to file the verification report
whereafter Sh. Deepak Maan, Senior Assistant from the Office of
SDM, Alipur appeared and filed LR report of deceased stating therein
that deceased has left behind four legal heirs i.e. the petitioner and
respondent no. 2 to 4.
5. Summary proceedings were conducted as per Section 372 Indian
Succession Act, 1925.
6. Respondent no. 2 to 4 have given no objections for issuance of
succession certificate in favour of petitioner.
7. Sh. Lovenish Dahiya, Auditor, Office of Defence Pension
Disbursement Officer, Brar Square, Delhi Cantt., was examined as
RW4 who proved on record that an amount of Rs 6,46,969/- is lying
due and payable in the name of Late Dalip Kaur and Late 209559 Ex
MWO Gurdial Singh with the department vide his report Ex. RW4/A.
8. Petitioner examined himself as PW1 vide affidavit Ex. PW1/A and
relied upon documents Ex. PW1/1 to Ex. PW1/3.
9. Thus, considering the fact that respondent no. 2 to 4 have given no
objections in favour of petitioner, it is held that the petitioner is entitled
to succession certificate with respect to an amount of Rs 6,46,969/-
lying with Office of Defence Pension Disbursement Officer, Brar
Square, Delhi Cantt. in the name of Late Dalip Kaur and Late 209559
Ex MWO Gurdial Singh.
10.The succession certificate be issued in favour of the petitioner on
furnishing of an Indemnity Bond of the same value within one month
from today. Petitioner to file court fees in terms of Article 12 Schedule
CS No. 18/2024.
Rajvinder Singh Matharoo VS State & Ors
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1 of the Court Fees Act as applicable to Delhi for issuance of the
succession certificate.
11.It is clarified that succession certificate shall be considered only as an
entitlement of the petitioner to receive the amount due towards
deceased, so as to discharge the debtor(s).
File be consigned to Record-Room after due compliance.
Announced in Open Court on 04.11.2025.
(Ajay Singh Parihar)
ACJ-ARC-North
Rohini Court/04.11.2025
CS No. 18/2024.
Rajvinder Singh Matharoo VS State & Ors
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