Final Order 2

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF MS. AMARDEEP KAUR, ADMINISTRATIVE
CIVIL JUDGE/ADDITIONAL RENT CONTROLLER:
NORTH-WEST DISTRICT: ROHINI COURTS: DELHI.
Succession Petition No.8/2024
CNR No. DLNW03000040/2024
Date of Institution : 08.01.2024
Date of Judgment : 30.05.2024
Final Order : Petition allowed.
Sh. Ajay
S/O: Late Mangal
R/O : A 403, Sangam Park
Rana Pratap Bagh, Malka Ganj S.O.,
North Delhi, Delhi, Delhi- 110007. … Petitioner
VERSUS
1) State
2) Mrs. Aarti
D/O Late Mangal
W/O Saurabh Vengre,
R/O House No. 34,Y- Block
N- Block,Mangolpuri,
North-West Delhi,
Delhi-110083.
3) Mrs. Bharti
D/o late Mangal
W/o Aatish Kumar Vengre,
R/O Y-34, N- Block,Mangolpuri,
North-West Delhi,
Delhi-110083.
4) Ms. Sugandha
D/o Late Mangal
R/o A-403, Sangam Park
Rana Pratap Bagh, Malka Ganj S.O.,
North Delhi, Delhi, Delhi- 110007
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JUDGMENT ON PETITION UNDER SECTION 372
OF THE INDIAN SUCCESSION ACT
1. The present petition has been filed by petitioner under Section 372
of Indian Succession Act, 1925, seeking issuance of succession certificate
with respect to the amount of Rs. 2,376,00/- available in LIC Policy no.
134655165 with Life Insurance Corporation of India, Branch code 113
Jevan Tara Building, 1st Floor, Gate No.4, Parliament Street, New Delhi-
(
hereinafter referred to as “assets”) left behind by the deceased Sh. Mangal
(
hereinafter referred to as “deceased”).
2. As per the petition, petitioner is the son of the deceased Sh. Mangal
who expired on 16.04.2023 and at that time, he was ordinarily residing at
A- 403, Sangam Park, Rana Pratap Bagh, Malka Ganj S.O.,North Delhi,
Delhi, Delhi- 110007. Further, the mother of the petitioner Smt. Geeta has
also expired on 30.04.2021. It is stated that there is no impediment to the
grant of succession certificate under the Succession Act in favor of the
petitioner.
3. After filing of present petition, notice was issued and general public
was served through publication in daily newspaper 'Veer Arjun', Hindi
edition dated 22.03.2024 to invite objections from the public at large to the
grant of succession certificate to the petitioner but none appeared from
general public to oppose or contest the present petition.
4. Surviving Member Certificate has been filed on record by the
petitioner. As per the said SMC, Aarti (Daughter), Ajay (son) Bharti
(Daughter) and Sugandha (Daughter) are the legal heirs of the deceased
Mangal.
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5. During the summary proceedings conducted as per Section 372 of
the Indian Succession Act, 1925, five witnesses were examined.
6. PW-1 Sh. Ajay petitioner tendered his evidence by way of affidavit
Ex. PW1/A testifying that he is the son of the deceased and that no Will
was executed by his father in respect of his LIC policy. He further testified
that there are four legal heirs of the deceased. It is further stated that his
mother died on 30.04.2021. He relied upon the following documents:-
S.
No.
Documents Exhibit
1 Death certificate of deceased Ex. PW-1/1
2 Copy of Aadhar card of the deceased Ex. PW-1/2
3 Copy of his Aadhar card Ex.PW1/3 (OSR)
4 Copy of death certificate of the mother
of the petitioner
Ex.PW1/4
5 Copy of Surviving Member Certificate Ex.PW1/5
6 Certificate under section 65B Indian
Evidence Act with respect to the death
certificate of his deceased father and
mother
Ex. PW-1/6
7. RW-1 Sh. Vijay Kumar HGA, LIC, Branch 113, Parliament Street,
New Delhi was examined as Ex. RW-1/1 who deposed that tLIC policy
bearing No. 134655165 in the name of deceased Sh. Mangal for an amount
of Rs. 2,37,600/- is due and payable towards the said policy. He further
deposed that Mrs Geeta (wife) is the nominee in respect of the said policy.
8. RW-2 Mrs. Bharti respondent No.3, Ms. Sungandha/respondent
No.4 and Mrs. Aarti /respondent No.2 tendered No Objection Certificate
Ex. RW2/A, RW3/A and RW4/A respectively. They submitted that they
too are class-I heir of deceased of late Sh. Manglam, however they do not
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have any objection, if the succession certificate in respect of the LIC policy
bearing No. 134655165 is issued in favour of his brother Sh. Ajay i.e
petitioner.
9. Thereafter, PE was closed vide order dated 30.05.2024 and the
matter was listed for final arguments.
10. Heard. Perused.
11. From the material on record, it stands proved that deceased Sh.
Mangal expired on 11.06.2021 and at that time, he was ordinarily residing
at A- 403, Sangam Park, Rana Pratap Bagh, Malka Ganj S.O., North Delhi,
Delhi, Delhi- 110007 which confers the territorial jurisdiction upon this
Court. Further, the wife of the deceased Sh. Mangal has also expired.
12. Further, as per the SMC, it has been brought on record that Aarti
(Daughter), Ajay (son) Bharti (Daughter) and Sugandha (Daughter) are the
legal heirs of the deceased Mangal.
13. As per the testimony of RW-1, concerned official of LIC of India
and details of debts and securities as Ex. RW1/1, the total amount payable
towards the policy in question left behind by the deceased has been
brought on record.
14. Succession certificate has been sought in favor of the petitioner.
Petitioner is otherwise also Class-1 Legal heirs of the deceased being his
son and no impediment has been brought on record in respect of grant of
succession certificate in his favor.
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15. Thus, considering that the petitioner Sh. Ajay is one of the legal heir
of the deceased, being his son, he is held entitled to Succession Certificate
in respect of amount of Rs. 2,37,600/- which is due and payable towards
the LIC Policy No. 134655165 of the deceased Sh. Mangal along with
accrued interest, if any.
16. The succession certificate be issued in favor of the petitioner Sh.
Ajay on furnishing of an Indemnity Bond of the value of the above noted
debts and securities, with one surety of like amount each within one month
from today. Petitioner to file court fees in terms of Article 12 Schedule 1 of
the Court Fees Act as applicable to Delhi for issuance of succession
certificate.
17. It is clarified, that succession certificate shall be considered only as
an entitlement of the petitioner to receive the amount due towards the
deceased Sh. Mangal from concerned LIC policy/company so as to
discharge the debtor(s).
18. File be consigned to Record Room after due compliance.
Announced in (Amardeep Kaur)
open Court on 30.05.2024 ACJ/ARC (North West)
Rohini Courts, Delhi.
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