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*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TEST.CAS.No.86/2008
Date of Decision : 28th March, 2011
%
SMT. GYAN DEVI GARG ..... Petitioner
Through : Mr. L.K. Garg, Adv.
versus
STATE & ORS. ..... Respondents
Through : Mr. Mirza Aslam Beg, Adv.
for Ms. Sonia Sharma, Adv. for
R-1.
CORAM :-
HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may YES
be allowed to see the Judgment?
2. To be referred to the Reporter or not? YES
3. Whether the judgment should be YES
reported in the Digest?
J.R. MIDHA, J. (Oral)
TEST.CAS.No.86/2008 and I.A No.4825/2011
1. The petitioner is seeking Succession Certificate in respect of the shares left behind by her husband, late Ramesh Chand Garg who died intestate on 8th November, 2002 leaving behind the petitioner and three sons, namely, Dr. Anil Kumar Garg, Arun Kumar Garg and Avinash Kumar Garg.
2. Notice of this petition was given to the respondents as well as general public by means of a citation published in the Statesman on 16th March, 2009. There is no opposition to the petition. All the three sons of the deceased have filed their TEST.CAS.NO.86/2008 Page 1 of 3 affidavits on 26th May, 2009 in which they stated that they have no objection to the grant of the Succession Certificate to the petitioner.
3. The petitioner has submitted her evidence by way of affidavit dated 1st May, 2010 in which she has deposed that the deceased died intestate on 8th November, 2002 leaving behind herself and the three sons. The deceased was permanent resident of Delhi at the time of his death and his death certificate was proved as Ex.PW1/1. The details of the share certificates left behind by the deceased have been proved as Ex.PW1/2A to C.
4. The notice of this petition was also issued to the Chief Controlling Revenue Authority in pursuance to which the Tehsildar has submitted letter dated 11th January, 2010 to the effect that since no immovable property is involved, the valuation report cannot be furnished by them. In that view of the matter, the petitioner has submitted Valuation Report/certificate with respect to the shares in question from the Chartered Accountant. As per the said report, the valuation of the shares in question is Rs.4,95,660/-.
5. The petitioner has sought dispensation of the administration and security bonds in I.A.No.4825/2011 on the ground that there is no dispute between the legal heirs of the deceased and the petitioner would be holding shares of the deceased with the consent of all the three sons who have given their no objection. The petitioner has referred to and relied TEST.CAS.NO.86/2008 Page 2 of 3 upon the judgments of this Court in the cases of Sambhu P. Jaisinghani v. Kanayalal P. Jaisinghani 60 (1995) DLT 1 and Shakuntala Taxali v. State 61(1996) DLT 267. Following the aforesaid judgments, the requirement of administration and security bonds is dispensed with.
6. In the facts and circumstances of this case, the petition is allowed and the Succession Certificate is granted to the petitioner in respect of 5250 shares of Gujarat Ambhuja Cement Limited, bearing Client ID No.11335216 - DP ID IN 300100 and 750 shares of Gujarat Ambhuja Cement Limited, bearing Folio No. R08330 and Certificate No.0015823 upon furnishing of the requisite Court-fees by the petitioner.
J.R. MIDHA, J MARCH 28, 2011 mk TEST.CAS.NO.86/2008 Page 3 of 3