Smt. Gyan Devi Garg vs State & Ors.
2011 Latest Caselaw 1803 Del

26
*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

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

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