Sanjeev Kumar Juneja & Ors vs State
2015 Latest Caselaw 9368 Del

$~8.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+     TEST.CAS. 56/2015

      SANJEEV KUMAR JUNEJA & ORS                 ..... Petitioners
                    Through: Mr. Rajesh Banati, Advocate

                        versus

      STATE                                         ..... Respondent
                        Through: Mr. Devesu Singh, Advocate


      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                        ORDER

% 16.12.2015

1. The petitioners(three sons of late Shri Rajender Prasad Juneja

and late Smt. Krishna Kumari Juneja), have filed the present petition

under Section 372 of the Indian Succession Act, 1925 for grant of a

Succession Certificate in their favour in respect of shares, debenture

and securities owned by their mother, who had died intestate on

3.2.2010.

2. It is stated by learned counsel for the petitioners that the father

of the petitioners, Shri Rajender Prasad Juneja had expired on

14.12.1989 and he was survived by his wife(Smt. Krishna Kumari

Juneja) and the petitioners as his class-I heirs. Smt. Krishna Kumari

Juneja, had died intestate on 3.2.2010, leaving behind the petitioners

herein as her class-I heirs.

3. Notice was issued in the present petition on 30.7.2015,

returnable before learned Joint Registrar on 21.9.2015. The petitioners

were directed to serve the respondent/Govt. of NCT of Delhi through

publication in the English daily "The Statesman" and the Hindi daily

"Dainik Jagran", Delhi edition and they were directed to file a copy of

the citations before the Joint Registrar. In his order dated

16.10.2015, the learned Joint Registrar had recorded that the citations

had been duly published in the English daily "The Statesman" on

13.8.2015 and in the Hindi daily "Dainik Jagran" on 21.8.2015.

4. Mr. Devesu Singh, Advocate had entered appearance on behalf

of the State before learned Joint Registrar on 7.12.2015. He states

today that he has no objection to the prayer made in the present

petition being allowed.

5. Learned counsel for petitioners submits that in support of the

averments made in the present petition, the petitioner No.1 has filed

an affidavit by way of evidence dated 17.11.2015 and he had

appeared before learned Joint Registrar on 14.12.2015 for tendering

the said affidavit which has been marked as Ex.PW-1/A. Enclosed with

the said affidavit is a letter dated 26.6.2013, issued by Karvy

Computershare Private Limited, the Registrar of Shares in respect of a

Public Limited Company, Hindustan Unilever Limited, in which the

deceased was holding 2240 shares as a sole holder against Folios

No.2910438 and 1126892. The said letter has been marked as

Ex.PW-1/5. By the said letter, the Registrar of Shares had intimated

the petitioner No.1 that if the shareholder had died intestate, the

claimants to the shares of the deceased holder have to produce the

legal documents for registering the transmission of shares in their

favour, which includes a Succession Certificate or a Letter of

Administration granted by the competent court vested with

jurisdiction.

6. It is submitted that the deceased had expired at St. Stephens

Hospital, Delhi on 3.2.2010 and her death certificate has been filed

along with the list of documents and marked as Ex.PW-1/1. At the

time of her demise, the deceased held 2240 shares in Hindustan Lever

Limited, the details whereof have been furnished in para 4 of the

affidavit. The original two share certificates, one for 2040 shares and

other for 200 shares have been filed by the petitioners, along with the

list of documents and have been marked as Ex.PW-1/2 and PW-1/3,

respectively. The petitioner No.1 has further deposed that the market

rates of the aforesaid shares on the date of filing of the petition on

3.7.2015, as shown by the BSE and the NSE on the internet, were

Rs.924.05 paise and Rs.924.50 paise per share respectively and thus,

the total value of 2240 shares as per the BSE index would come to

Rs.20,69,872/- and as per the NSE index, would come to

Rs.20,70,880/-. The said details have been filed under index

13.7.2015 and are marked as Ex.PW-1/4.

7. Counsel for the petitioners states that in view of the letter dated

26.6.2013(Ex.PW1/5), the present petition has been filed for grant of

a Succession Certificate in respect of the share certificates held in

physical form in the name of late Smt. Krishan Kumari Juneja. He

points out that petitioners No.2 and 3 have already filed their

affidavits giving their no objection to the grant of the Succession

Certificate in favour of the petitioner No.1 alone and orders may be

passed accordingly.

8. There is no opposition to the present petition from any quarter.

A perusal of proceedings recorded before learned Joint Registrar on

14.12.2015 reveals that the petitioner No.2, Shri Rajeev Kumar Juneja

and petitioner No.3, Shri Pradeep Kumar Juneja who are the other

legal heirs of the deceased, had appeared on the said date and their

statements were recorded to the effect that they do not have any

objection if the Succession Certificate is granted in favour of the

petitioner No.1.

9. In view of the aforesaid position, the present petition is allowed

and a Succession Certificate is granted in favour of the petitioner No.1

in respect of 2240 shares(2040+200) held by late Smt. Krishan

Kumari Juneja with Hindustan Lever Limited, as per the two share

certificates bearing Folio No.1126892 and distinctive Nos.0045218771

to 0045220810 and Folio No.2910438 bearing distinctive

Nos.1137584401 to 1137584600, respectively.

10. The petitioner No.1 shall pay the requisite court fees on the

value of the shares as reflected by the NSE on 3.7.2015. The

petitioner No.1 shall also furnish the requisite Administration Bond and

Security Bond in accordance with law.

11. The petition is allowed and disposed of.

HIMA KOHLI, J DECEMBER 16, 2015 sk/mk