Delhi High Court
K.L.S. Bhagat vs State And Others on 24 January, 2000
Equivalent citations: 2000 IIIAD Delhi 449, 84 (2000) DLT 270, 2000 (53) DRJ 81
Author: V Jain
Bench: V Jain
ORDER
Vijender Jain, J.
1. Aggrieved by the order passed by the Additional Sr. Sub Judge, Delhi, the appellant has filed the present appeal.
2. The appellant applied for Succession Certificate in respect of debts and security of her sister Mrs. Kawal Deep who died in Bangkok on 17th September, 1991. It was stated in the application for grant of Succession Certificate that she was an ordinary resident of Anupam Apartments, Arjun Nagar, Delhi. Along with the application, schedule of properties was also annexed which, inter alia, mentioned the property in Bangkok and deposit of Rs. 600/- in Punjab National Bank at Delhi. The trial Court came to the conclusion in view of the fact that the only address in the Pass Book is of Delhi and there is only one entry in the bank account and in view of the fact that deceased was employed in Bangkok, the Court did not have the jurisdiction to grant Succession Certificate under Part 10 of the Indian Succession Act.
3. Mr. Bhuchar, learned counsel for the appellant has contended that under Section 371 of the Indian Succession Act, the District Judge was empowered in whose jurisdiction any part of the deceased's property may be found. He has further contended that a sum of Rs. 600/- is also property and, therefore, the Trial Court ought to have granted a Succession Certificate. He has further contended that none of the respondents who happened to be brothers and sisters of the deceased have disputed the averments made in the petition for grant of Succession Certificate that the deceased was not an ordinary resident of Delhi. It has further been contended before me for grant of Succession Certificate that there is no other legal heirs of the deceased and all the heirs are Class-II heirs and nobody is there in Bangkok to take appropriate steps to realise the assets of the deceased.
4. I have given my careful consideration to arguments advanced by counsel for the appellant and Mr. K.L.S. Bhagat who is appearing for himself as well as for K.J.S. Bhagat and Mrs. Surjit Anokh Singh as General Power of Attorney. He also supports the submissions of learned counsel for the appellant. In view of the fact that the application was filed by one of Class-II heirs and there is no other heir who is present in Bangkok and in view of the fact that part of the properties of the deceased in terms of Saving Bank Account in Punjab National Bank do exist at Delhi, I set aside the order of Addl. Sr. Sub Judge. I allow the application of the appellant and grant Succession Certificate in terms of Annexure B filed along with the petition for grant of said certificate.
5. Necessary Court fee be paid by the appellant.
6. List the matter before the Joint Registrar for fixation of Court Fee.
7. Once the Court fee is paid, Succession Certificate in terms of property mentioned at Annexure-B be issued in favour of the appellant.
8. Appeal is allowed.
