Rajiv Kanwar vs State
2014 Latest Caselaw 3540 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                 Order delivered on: August 5, 2014

+                        Test Case No.58/2013

        RAJIV KANWAR                                   ..... Petitioner
                         Through     Mr.Tarun Sharma and Ms.Boudh
                                     Prabha, Advocates

                         versus

        STATE                                        ..... Respondent
                         Through     Mr.Vishvendra Verma, Ms.Shivali
                                     and Mr.Pranav, Advocates for LIC

        CORAM:
        HON'BLE MR.JUSTICE MANMOHAN SINGH

MANMOHAN SINGH, J. (Oral)

1. The petitioner has preferred the present petition under Section 372 of the Indian Succession Act, 1956 (hereinafter referred to as "the Act") for grant of succession certificate in respect of the movable assets of his father Late Mr. Kanwar Rajendra Singh (hereinafter referred to as "the deceased") who died on 7th October, 2008 leaving behind a Will executed on 15th April, 2008 at New Delhi.

2. It has been stated that petitioner is the only child of the deceased. The wife of the deceased, Mrs. Indira Kanwar died on 3rd November, 2010.

3. It is the case of the petitioner that the deceased has no other surviving legal heirs or near relatives to stake any claim on the

movable assets and even otherwise, vide Will dated 15th April, 2008, the deceased bequeathed upon the petitioner the movable assets in terms of which the issuance of a succession certificate is prayed. The list of the said movable assets is given in Para 5 of the petition.

4. Notice of the petition was issued to the State and also to Managers of the banks names of which were mentioned in the schedule of movable properties disclosing assets and name of the nominees, mentioned at Page 27 to 30 of the documents. Citations in "The Statesman" (English edition) and "Amar Ujala" (Hindi edition) were also directed to be published vide order dated 12th August, 2013.

5. On the subsequent dates, representations were made on behalf of the companies and financial institutions in question and statements with regard to accounts/funds/investments were handed over to the Court which were taken on record. Reports were also filed by all the financial institutions. Submissions were made on behalf of LIC on 31st October, 2013 before Court that the petitioner not entitled to amounts as claimed and the same is detailed in the said order.

6. Petitioner sought time to file a revised statement of assets if the deceased alongwith his evidence by way of affidavit which was permitted by the Court. The petitioner verified the facts stated in the petition by deposing his evidence by way of affidavit and exhibited documents marked as EX.PW1/1 to EX.PW1/3 i.e. Original Will, original Death Certificate and true copy of identification documents of the deceased. The original Death Certificate and true copy of

identification documents of wife of the deceased Mrs. Indira Kanwar are exhibited as EX.PW1/4 & EX.PW1/5. The revised schedule of movable properties is also filed and exhibited as EX. PW1/9.

7. In the present matter, the grant of succession certificate is in respect of movable properties only i.e. bank deposits, other deposits and securities, so valuation report is not required. There is no serious objection on behalf of the side of the respondent.

8. Having considered the facts of the case as well as the fact that no objection has been filed by any person in response to the publication of the citation, the present petition is allowed. The succession certificate is granted in respect of the properties of the deceased as detailed in revised schedule of movable properties filed by the petitioner.

9. The succession certificate is granted upon the petitioners filing the requisite court fee if required as per the law.

10. The petition stands disposed of.

(MANMOHAN SINGH) JUDGE AUGUST 05, 2014