Indranil Chakravarti & Anr vs The State Nct Of Delhi Through Of ...
2017 Latest Caselaw 1954 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         FAO No. 175/2017

%                                                    21st April, 2017

INDRANIL CHAKRAVARTI & ANR.              ..... Appellants
                Through: Mr. G.C. Yadav, Advocate.

                          versus

THE STATE NCT OF DELHI THROUGH OF SECRETARY
                                       ..... Respondent

CORAM:

HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

C.M. Appl. No. 14994/2017 (for exemption)

Exemption allowed, subject to all just exceptions.

C.M. stands disposed of.

C.M. Appl. No. 14993/2017 (for delay)

This is an application seeking condonation of 334 days delay in

filing the appeal.

For the reasons stated in the application the same is allowed and

the delay in filing the appeal stands condoned.

C.M. stands disposed of.

FAO No. 175/2017

1. By this first appeal filed under Section 299 of the Indian

Succession Act, 1925, appellants who were the petitioners in the

succession certificate case, seek for setting aside of the impugned

judgment dated 30.4.2016 which has dismissed the succession

certificate case.

2. The impugned judgment dated 30.4.2016 is not too

happily worded as it is not too clear whether the succession certificate

case has been dismissed as no evidence had been filed to show

relationship of the appellants/petitioners with the deceased, though the

judgment indirectly says so at the end of para 8 of the impugned

judgment, and that it is also noted that the succession certificate

petition has been dismissed on account of valuation report not being

filed.

3. At the oral request made on behalf of the appellant's

counsel, this Court in exercise of powers under Order XLI Rule 27

CPC takes on record the letter dated 6.2.2014 issued by the Syndicate

Bank to late Smt. Manju Chakravarti where one of the petitioner i.e.

the petitioner no. 1/the son of Smt. Manju Chakravarti, has been shown

as the co-owner of the locker of the bank. This document therefore

will establish that appellants/petitioners are the legal heirs, being the

son and daughter of the deceased Smt. Manju Chakravarti.

4. I may also note that the succession certificate case was an

uncontested case as the two petitioners were the only two children of

late Smt. Manju Chakravarti and late Sh. Ashok Chakravarti and both

of which parents have expired, and therefore the appellants/petitioners

are the only legal heirs entitled to the succession certificate.

5. The appellants/petitioners have filed their affidavits and

therefore there was no reason to disbelieve the affidavits that the

appellants/petitioners were the only legal heirs and hence were entitled

to the contents of the locker and the estate of the deceased late Smt.

Manju Chakravarti.

6. The court below has erred in dismissing the succession

certificate case on the ground that proper valuation report has not been

filed, inasmuch as, at the stage of passing of the judgment in the

succession certificate case it is the entitlement to the estate/movables

which is held in favour of the appellants/petitioners, and only thereafter

when a formal succession certificate is issued, the same will be issued

on stamp papers which will be filed in terms of Entry12 of Schedule I

of the Court Fee Act, 1870. The Court therefore always can after

passing of the judgment get valuation done by an approved valuer and

counsel for the appellants/petitioners agrees that the

appellants/petitioners will get such valuation done of the estate, which

comprises of movable assets only, and it will be done from an

approved valuer. Obviously there are only movable properties of the

deceased which are claimed because the case filed is a succession

certificate case.

7. In view of the above discussion, the impugned judgment

of the court below dated 30.4.2016 is set aside and the

appellants/petitioners are granted the succession certificate subject to

valuation of the estate/movables and paying of appropriate court fees.

Appellants/petitioners will file a certificate of the approved valuer with

respect to the items after getting the contents of the locker re-examined

by the approved valuer and thereafter paying the necessary court fees

as stated above and in accordance with law, and thereafter the court

below will issue the succession certificate.

8. The appeal is accordingly allowed and disposed of.

APRIL 21, 2017                                 VALMIKI J. MEHTA, J
AK