Final Order 10

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF MS. GITA, ADMINISTRATIVE CIVIL
JUDGE/ADDITIONAL RENT CONTROLLER: NORTH-WEST
DISTRICT: ROHINI COURTS: DELHI.
Succ. Court 144/24
CNR No. DLNW030024862024
Date of Filing : 30.11.2024
Date of Judgment : 15.10.2026
Final Order : Petition allowed.
In the matter of:
LAKSHAYA GOYAL
S/O LT. SH. ANIL GOYAL
R/O 138/16. ONKAR NAGAR,
DELHI-110035.
...Petitioner
VERSUS
1. THE STATE (GOVT. OF N.C.T OF DELHI)
THROUGH
PRINICIPAL SECRETARY,
DELHI SECRETARIAT.
IP ESTATE,
NEW DELHI-110002
2. SMT. SUSHILA GOYAL,
W/O LT. SH. ANIL GOYAL
R/O 138/16. ONKAR NAGAR B,
TRI NAGAR, DELHI-110035.
3. SMT. PRIYA MITTAL
D/O LT. SH. ANIL GOYAL
R/O H. NO. 70A/KH-82/22.
SCC No. 144/24 Lakshaya Goyal Vs. State Page No. 1 of 9
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GALI NO.16, SUKHBIR NAGAR,
VILLAGE KARALA, DELHI-81
4. SMT. PRIYANKA GUPTA
D/o LT. SH. ANIL GOYAL
R/o 87/16, GALI NO. 18,
JOSHI ROAD, KAROL BAGH,
N. DELHI-110005.
...Respondents
JUDGMENT ON PETITION UNDER SECTION 372
OF THE INDIAN SUCCESSION ACT
JUDGEMENT
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 of Debts and Securities
(herein referred to as
assets) left behind by the deceased Late Sh. Mahabir Prasad and
Smt. Shakuntla Gupta
(herein referred to as deceased).
2. As per petition, petitioner is the nephew of the deceased Late Sh.
Mahabir Prasad and Smt. Shakuntla Gupta. The deceased Sh.
Mahabir Prasad expired on 11.01.2022 and deceased Smt. Shakuntla
Gupta expired on 20.01.2021 and at that time, they were ordinarily
residing at 138/16, Onkar Nagar, Tri Nagar, Delhi-110035. It is
stated that there is no impediment to the grant of succession
certificate in favor of the petitioner under the Succession Act.
3. After filing of present petition, notice was issued and general public
was served through publication in daily newspaper
'Virat Vaibhav,
Hindi edition dated 03.04.2025, to invite objections from the public
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at large to the grant of succession certificate to the petitioner but
none appeared from the general public to oppose or contest the
present petition.
4. A report regarding LRs of deceased has also been received from the
office of Tehsildar, Saraswati Vihar as per which Sushila Goyal
(sister-in-law), Priyanka Gupta (Niece), Priya Mittal (Niece) and
Lakshaya Goyal (Nephew) are the legal heirs of the deceased.
5. During the summary proceedings conducted as per Section 372 of
the Indian Succession Act, 1925, 07 witnesses were examined.
6. PW-1 /Sh. Lakshaya Goyal, S/o late Sh. Anil Goyal, R/o 138, Gali
no. 16, Onkar Nagar B, Tri Nagar, Delhi-110035 tendered his
evidence by way of affidavit. He also relied on the following
documents:
1. Death certificate of deceased Mahavir Prasad i.e. Ex. PW1/A
(OSR);
2. Death certificate of Shakuntala Gupta i.e. Ex. PW1/B (OSR);
3. Surviving Member Certificate of deceased Mahavir Prasad i.e.
Ex. PW-1/C(OSR);
4. Surviving Member Certificate of Shakuntala Gupta i.e. Ex.
PW-1/C1(OSR);
5. Copy of FDR i.e. Ex. PW-1/D(OSR);
6. Copy of the details of the post office i.e. Mark A;
7. Copy of death certificate of Sh. Anil Goyal i.e. Ex.
PW-1/F(OSR);
8. Surviving Member Certificate of Anil Goyal i.e. Ex.
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PW-1/G(OSR);
9. Copy of my Aadhar card i.e. Ex. PW-1/H(OSR);
7. RW-1 / Sh. Satish, Bailiff, SDM Office, Saraswati Vihar, Delhi
brought the LR report in respect of Late Sh. Mahavir Prasad and
Smt. Shakuntla Gupta and the same is Ex. RW-1/1.
8. RW-2 /Smt. Sushila Goel, RW-3/ Smt. Priya Mittal and RW-4/Smt.
Priyanka Gupta tendered their WS/NOC Ex. RW-2/A, Ex. RW-3/A
and Ex. RW-4/A. They stated that they have no objection if
succession certificate is issued in favour ofthe Petitioner Sh.
Lakshaya Goyal. They also relied on copy their Adhar Card i.e. Ex.
RW-2/1 (OSR), Ex. RW-3/1 (OSR) and Ex. RW-4/1 (OSR).
9. RW-5 /Sh. Vinay Chaudhary, Manager, Canara Bank, Asaf Ali Road,
Delhi-110002 brought the summoned record i.e. statement of
account i.e. Ex. RW5/1 (colly.) in respect of the account No.
90002010001114, in the name of Smt. Shakuntala Gupta. As per
record, the amount available in the account Rs. 13,98,466.46/- has
already been released to the nominee/Mahabir Prasad who was the
nominee in the said account. He has also produced the details of FD
bearing no. 90004560001610 in the name of Smt. Shakuntala Gupta.
As per the record, an amount of Rs. 2,07,109/- is the matured
amount which has been transferred to DEAF account with RBI. The
details of the said FD are now Ex. RW5/2.
10.RW-6/Sh. Narender Kumar Jatiya, Public Relation Inspector, Post
Office, Keshavpuram, Delhi-110035 brought the statement of
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accounts in the name of Sh. Mahabir Prasad. The said report is now
Ex. RW-6/1 (colly.). The details of the assets are as follows :
Account
Number
Scheme
Name
Account
Holder’s
Name
Date of
Account
Opening
Balance
Maturity
Value (in
Rs.) as on
date
30.08.2025
Remarks
4056858
097
Sr.
Citizen
Saving
Scheme
Mahabir
Prasad
05.06.2018 9,00,000/- As per
records
Nomination
registered
in the name
of
Shakuntla
Gupta
11.RW-7/Sh. Amit Kumar, Manager, PNB, Onkar Nagar, Tri Nagar,
Delhi-110035 brought the summoned record i.e. statement of
account/FD i.e. Ex. RW7/1 (colly.) in the name of the deceased
Mahabir Prasad and details of which are as follows:
Nature of
the
Account.
Account No./ Folio
No.
Name of
nominee, if
available
Balance
amount (in
rupees) as on
10.12.2025
FD 151300TR00007025 Sh. Anil Goyal
(brother)
1,91,927.00/-
FD 151300P200001335 Sh. Anil Goyal
(brother)
14,00,000/-
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12.RW-8/ Sh. Kumar Gaurav, Senior Manager, UCO Bank, Lawrence
Road Branch, Delhi-110035 brought the summoned record i.e.
statement of account i.e. Ex. RW8/1 (colly.) in the name of the Ms.
Madhudeep and details of which are as follows:
Nature of
the
Account.
Account No. Name of nominee,
if available
Balance
amount (in
rupees) as on
10.12.2025
Saving 09900100000316 NA 1,323.24/-
13.Vide order dated 05.09.2026, respondent/PNB deleted from the
array of parties.
14.No other witness was sought to be summoned or examined by the
petitioner. Therefore, PE was closed
vide order dated 13.05.2025
and the matter was listed for final arguments.
15. Arguments heard. Record perused.
16. From the material on record, it stands proved that the deceased Late
Sh. Mahabir Prasad and Smt. Shakuntla Gupta expired on
21.04.2021 and they were ordinarily residing at 138/16, Onkar
Nagar, Tri Nagar, Delhi-110035, which confers the territorial
jurisdiction upon this Court.
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17. As per the report and document received on behalf of various
companies/departments/banks whose testimonies have been
recorded from RW-5 /Sh. Vinay Chaudhary, Manager, Canara Bank,
Asaf Ali Road, Delhi-110002, RW-6/Sh. Narender Kumar Jatiya,
Public Relation Inspector, Post Office, Keshavpuram, Delhi-110035,
RW-7/Sh. Amit Kumar, Manager, PNB, Onkar Nagar, Tri Nagar,
Delhi-110035 and RW-8/ Sh. Kumar Gaurav, Senior Manager, UCO
Bank, Lawrence Road Branch, Delhi-110035 they have been
brought on record that the assets left behind by the deceased.
Petitioner is otherwise Class-I legal heirs of the deceased. No
impediment has been brought on record in respect of grant of
succession certificate in favor of the petitioners.
18. Considering the above, the petitioner/Sh. Lakshaya Goyal is held
entitled to Succession Certificate in respect of the following assets in
the name of the deceased alongwith accrued interest, if any.
Debts &
Securities
Folio
No./Accou
nt no.
Amount (in
Rs.)
Nominee Other details,
if any
Saving
account lying
with Canara
Bank, Asaf
Ali Road,
Delhi-110002
in the name of
Smt.
Shakuntala
Gupta
90002010
001114
Rs.
13,98,466.46/-
Mahabir
Prasad
No
FD
bearing
no.
90004560
001610
Rs. 2,07,109/- NA Matured
amuont has
been
transferred to
DEAF
account
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Account
Number
Scheme
Name
Account
Holder’s
Name
Date of
Account
Opening
Balance
Maturity
Value (in
Rs.) as on
date
30.08.2025
Remarks
4056858
097
Sr.
Citizen
Saving
Scheme
Mahabir
Prasad
05.06.2018 9,00,000/- As per
records
Nomination
registered
in the name
of
Shakuntla
Gupta
Nature of
the
Account.
Account No./ Folio
No.
Name of
nominee, if
available
Balance
amount (in
rupees) as on
10.12.2025
FD 151300TR00007025 Sh. Anil Goyal
(brother)
1,91,927.00/-
FD 151300P200001335 Sh. Anil Goyal
(brother)
14,00,000/-
Nature of
the
Account.
Account No. Name of nominee,
if available
Balance
amount (in
rupees) as on
10.12.2025
Saving 09900100000316 NA 1,323.24/-
19. The succession certificate be issued in favor of the
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petitioner/Sh.Lakshaya Goyal 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 the Court Fees Act as applicable to Delhi for issuance
of succession certificate.
20. It is clarified, that succession certificate shall be considered only as
an entitlement of the petitioner to receive the amount due towards
late Sh. Mahabir Prasad and Smt. Shakuntla Gupta from concerned
Bank(s)/company so as to discharge the debtor(s) and the same shall
not entitle the petitioner to any other estate, movable or immovable
assets of the deceased. It is further clarified that the present
certificate is also not a declaration of the title of the petitioner to the
assets of the deceased.
21. Since nothing else survives, file be consigned to Record Room after
due compliance.
Announced in Open
Court on 15.10.2026
(GITA)
ACJ-CCJ-ARC/N-W District Rohini
District Court/Delhi
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