Final Order 6

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF MS. MANSI MALIK, ADMINISTRATIVE
CIVIL JUDGE/ADDITIONAL RENT CONTROLLER : NORTH-
WEST DISTRICT: ROHINI COURTS: DELHI.
Succ. Court 24/2024
CNR No. DLNW03-000395-2024
Date of Filing : 22.02.2024
Date of Judgment : 21.04.2025
Final Order : Petition allowed.
In the matter of:
1. Sh. Rajender Parshad Gupta,
S/o Late Sh. Satya Narain Gupta,
R/o C-2/4, Phase-2, Ashok Vihar,
Delhi110052. ... Petitioner
VERSUS
1. The State (Govt. of NCT of Delhi)
2. Smt. Laxmi Devi,
W/o Late Sh. Satya Narain Gupta,
R/o 2/4, Phase-2, Ashok Vihar,
Delhi110052.
3. Smt. Kanta Brijkishore Chaudhary,
D/o Late Sh. Satya Narain Gupta,
R/o Bungla No. 13, Viraj Colony,
NR Surya Hospital Opp. Tarkapur Bus Stand,
Sawedi, Savedi Road, Ahmadnagar,
Maharashtra-414003.
4. Smt. Manju Aggarwal,
D/o Late Sh. Satya Narain Gupta,
W/o Shree Ram Aggarwal,
R/o 27, Cantonment Cantt. Kanpur Nagar,
Kanpur Cantt.,
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Utter Pradesh-208004.
5. Smt. Poonam Bharat Sarawagi,
D/o Late Sh. Satya Narain Gupta,
W/o Sh. Bharat Sarawagi,
R/o 26, Varsha C.H.S. Ltd.
69/B Nepeansea Road, near P.D.P. Park,
Nepeansea Road Malabar Hill,
Mumbai, Maharashtra-400006.
5. Sh. Ramesh Gupta,
S/o Late Sh. Satya Narain Gupta,
R/o H. No. 1, Atur Park, Naylor Road,
Opp. St. Mita College Pune,
Maharashtra-411001. … Respondents
JUDGMENT ON PETITION UNDER SECTION 372
OF THE INDIAN SUCCESSION ACT
1. The present petition has been filed by the petitioner under Section
372 of Indian Succession Act, 1925, seeking issuance of succession
certificate with respect to the PPF account bearing no. 10525778672
with State Bank of India, Keshav Puram Branch, (
hereinafter referred
to as “assets”) left behind by the deceased late Sh. Satya Narain Gupta
(
hereinafter referred to as “deceased”).
2. It is stated in the petition that deceased late Sh. Satya Narain
Gupta expired on 23.07.2023 and at that time he was ordinarily residing
at C-2/4, Phase-2, Ashok Vihar, Delhi110052. It is stated that the
deceased was having a PPF account bearing no. 10525778672 with
State Bank of India, Keshav Puram Branch. Petitioner and respondent
no. 6 being the sons, respondent no. 2 being the wife, respondent no. 3
to 5 being the daughters of the deceased are the only surviving legal
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heirs of the deceased. It is stated that there is no impediment to the
grant of succession certificate under the Succession Act.
3. After filing of present petition, notice was issued and general
public was served through publication in daily newspaper 'Veer Arjun',
Hindi edition dated 16.05.2024 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. As per the LR report filed by the Tehsildar, Saraswati Vihar,
Rajender Parshad Gupta (son), Laxmi Devi (wife), Kanta Brijkishore
Chaudhary (daughter), Ramesh Gupta (son), Manju Agarwal (daughter)
and Poonam Bharat Sarawagi (daughter) are the only legal heirs of the
deceased.
5. During the summary proceedings conducted as per Section 372
of the Indian Succession Act,1925, eight witnesses were examined.
6. PW-1/ Petitioner Rajender Parshad Gupta tendered his evidence
by way of affidavit
i.e. Ex. PW-1/A, testifying that he is the son of the
deceased. He further testified that there are six legal heirs of the
deceased
i.e. himself and respondent no. 2 to 6, who have already given
their NOCs in his favour. PW-1 relied upon the following documents:
(a) Copy of her Aadhar card i.e. Ex. PW-1/1 (OSR);
(b) Death certificate of the deceased i.e. Ex. PW-1/2;
(c) Copy of passbook of PPF account bearing no. 10525778672
in the name of deceased i.e. Mark A;
(d) Surviving member certificate i.e. Ex. PW-1/4;
(e) Copy of Will of the deceased i.e. Ex. PW-1/5(colly)(OSR).
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7. RW-1/Satish, Bailiff, SDM Office, Saraswati Vihar, Delhi, has
produced LR report of deceased Satya Narain Gupta which is Ex.
RW-1/1.
8. RW-2/Deepak Kumar, Clerk, SBI, Keshav Puram Branch, Delhi,
has brought on record details of debts and securities i.e. details in
respect of PPF account No.10525778672, in the name of Sh. Satya
Narain Gupta, as per which there is a balance of Rs. 37,87,476.36/- as
on 18.11.2024 in the said account. He further stated that as per record,
there is no nominee in respect of the said account.
9. RW-3/Smt. Laxmi Devi Gupta, RW-4/Smt. Kanta Brijkishore
Chaudhary, RW-5/Smt. Manju Aggarwal, RW-6/Smt. Poonam Bharat
Sarawagi and RW-7/Sh. Ramesh Gupta have filed their joint Written
Statement, which is Ex. R-1. RW-3, RW-4, RW-5, RW-6 and RW-7
further testified that they have no objection, if the succession certificate
in respect of their shares is issued in favor of petitioner. They also relied
upon copy of their Aadhar cards
i.e. Ex. RW-3/1(OSR), Ex.
RW-4/1(OSR), Ex. RW-5/1(OSR), Ex. RW-6/1(OSR) and Ex. RW-7/1
(OSR) to establish their identities.
10. Thereafter, PE was closed on 04.02.2025 and the matter was
listed for final arguments.
11. Heard. Perused.
12. From the material on record, it stands proved that deceased late
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Sh. Satya Narain Gupta expired on 23.07.2023 and at that time he was
ordinarily residing at C-2/4, Phase-2, Ashok Vihar, Delhi-110052,
which confers the territorial jurisdiction upon this Court.
13. As per the LR report filed by Tehsildar, Saraswati Vihar, Delhi,
the deceased left behind Rajender Parshad Gupta (son), Laxmi Devi
(wife), Kanta Brijkishore Chaudhary (daughter), Ramesh Gupta (son),
Manju Agarwal (daughter) and Poonam Bharat Sarawagi (daughter) as
his surviving legal heirs. From the testimony of concerned
officials/banks, the total amount payable towards the deceased towards
the assets in question has been brought on record. The succession
certificate has been sought in favour of petitioner and the remaining
LRs have already issued their NOCs in his favor. Petitioner is otherwise
also the Class-1 Legal heir of the deceased being his son and no
impediment has been brought on record in respect of grant of
succession certificate in favor of petitioner.
14. Considering the above, petitioner Smt. Rajender Parshad Gupta is
held entitled to the Succession Certificate in respect of the following
assets of the deceased Late Sh. Satya Narain Gupta, along with accrued
interest, if any.
Nature of securities Bank Amount
PPF account
No.10525778672
State Bank of India,
Keshav Puram Branch
Rs.
37,87,476.36/-
as on 18.11.2024
15. The succession certificate be issued in favor of petitioner
Rajender Parshad Gupta on furnishing of an Indemnity Bond of the
same value 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
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the Court Fees Act as applicable to Delhi for issuance of succession
certificate.
16. It is clarified, that succession certificate shall be considered only
as an entitlement of the petitioner to receive the amount due towards
Sh. Satya Narain Gupta from concerned bank so as to discharge the
debtor(s).
17. Since nothing else survives, file be consigned to Record Room
after due compliance.
Announced in an Open Court
on 21.04.2025.
(Mansi Malik)
ACJ/ARC/North-West District
Rohini District Courts, Delhi.
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