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IN THE HIGH COURT OF DELHI AT NEW DELHI
MUKTA GUPTA, J.
MRS. RENU MALHOTRA - Petitioner
Versus
STATE & OTHERS - Respondents
TEST.CAS. 62 of 2016
Decided On : 27-07-2017
Succession Certificate - Estate - [Indian Succession Act, 1925, Section 372] - The court allowed the petition for the issuance of a succession certificate in favor of the petitioner for the movable assets left behind by the deceased, in accordance with the affidavits provided by the legal heirs and the requirements of the law.
Fact of the Case:
The petition sought a succession certificate for the estate left behind by the deceased husband. The deceased died intestate, leaving behind the petitioner and three other legal heirs. Written statements and affidavits were filed by the legal heirs, expressing no objection to the grant of succession certificate in favor of the petitioner.
Finding of the Court:
The court allowed the petition and directed the issuance of a succession certificate in favor of the petitioner for the movable assets left behind by the deceased, subject to the fulfillment of requisite court fees and submission of an administration bond and surety.
Issues: The main issue was the grant of a succession certificate for the movable assets left behind by the deceased, considering the no objection expressed by the legal heirs.
Ratio Decidendi: The court relied on the affidavits of the legal heirs expressing no objection to the grant of succession certificate, and the provisions of the Indian Succession Act, 1925, particularly Section 372, to allow the petition and direct the issuance of the succession certificate.
Final Decision: The petition was allowed, and a succession certificate was directed to be issued in favor of the petitioner for the movable assets left behind by the deceased, subject to the fulfillment of requisite court fees and submission of an administration bond and surety.
MUKTA GUPTA, J.
1. This petition seeks succession certificate to the petitioner for the estate left behind by her husband late Rakesh Malhotra. Rakesh Malhotra, S/o Om Prakash Malhotra died intestate on 11th December, 1999 leaving behind four legal heirs i.e. the plaintiff/his wife and respondent Nos.2 to 4 being the two daughters and one son namely Ratika Chadha, Pooja Wadhwa and Gaurav.
2. Written statements to the petition have been filed by respondent Nos.2, 3 & 4 granting their no objection for grant of succession certificate in respect of the assets left behind by late Rakesh Malhotra in favour of the petitioner.
3. An affidavit by way of evidence has been filed by the plaintiff. Death certificate of Rakesh Malhotra has been placed on record as Annexure P-1 along with the affidavit. Some of the shares were owned by Rakesh Malhotra along with either his father or mother i.e. late Om Prakash Malhotra and late Smt. Kiran Lata Malhotra, who were survived by Rakesh Malhotra, Harish Malhotra and Madhu Tandon. Thus, besides placing the death certificate of Rakesh Malhotra, death certificate of Harish Malhotra the brother of Rakesh Malhotra has also been placed on record who died on 28th January, 2016 and that his wife Nita Malhotra pre-deceased him on 18th August, 2006. No objection certificate by Madhu Tandon has also been placed on record. Harish Malhotra and Nita Malhotra are survived by Ashish Malhotra, Anuj Malhotra and Akhil Malhotra who have filed their no objection certificates vide Annexure P-3, P-4 and P-5 respectively. Thus, the legal heirs of late Rakesh Malhotra, Om Prakash Malhotra, Kiran Lata Malhotra and Harish Malhotra have no objection if the movable assets as detailed herein under are transferred in the name of the petitioner Renu Malhotra.
| S. No. | Company Name | Name of Holders | Regd. Folio No. | Cert. / Ref. No. |
| 1. | The Saraswati Industrial Syndicate Ltd. | (a) Mr. Rakesh Malhotra (b) Ms. Kiran Lata | R0000426 | 147409-147459 |
| 2. | ISGEC Heavy Engineering Ltd. | Mr. Rakesh Malhotra | R426 | 4687 |
| 3. | ISGEC Heavy Engineering Ltd. | Mr. Rakesh Malhotra | R426 | 3145 |
| 4. | Raymond Ltd. | (a) Mr. Rakesh Malhotra (b) Mr. Om Prakash Malhotra | R10657 | B192263- B192268 |
| 5. | The Raymond Woollen Mills Ltd. | (a) Mr. Rakesh Malhotra (b) Mr. Om Prakash Malhotra | O/R-657 | A112806- A112805. |
| 6. | The Raymond Woollen Mills Ltd. | (a) Mr. Rakesh Malhotra (b) Mr. Om Prakash Malhotra | O/R-313 | 32365, 33287, 21606, 21605, 21604, 21603. |
| 7. | The Raymond Woollen Mills Ltd. | (a) Mr. Rakesh Malhotra (b) Mr. Om Prakash Malhotra | RW R-10657 | 90560, 90561, 90562, 90563, A579893, A579894, A579895, A579896, A431497, A431494, A431495, A431496. |
| 8. | The Raymond Woollen Mills Ltd. | (a) Mr. Rakesh Malhotra (b) Mr. Om Prakash Malhotra | O/R-657 | 50296, 50297, 37702. |
| 9. | Colgate-Palmolive(India) Ltd. | (a) Mr. Rakesh Malhotra (b) Mr. Om Prakash Malhotra | R03645 | B7 2064782 & RC02030361 |
| 10. | ALSTOM Projects India Ltd. | Mr. Rakesh Malhotra | AMRR0024900-9 | 00146693- 00146700 |
| 11. | National Organic Chemical Industries Ltd. | Mr. Rakesh Malhotra | T9R12474 | 001778435 & 001778436. |
| 12. | National Organic Chemical Industries Ltd. | Mr. Rakesh Malhotra | T9R12474 | 001780045-54 |
| 13. | National Organic Chemical Industries Ltd. | Mr. Rakesh Malhotra | T9S11043 | 000748004 |
| 14. | National Organic Chemical Industries Ltd. | Mr. Rakesh Malhotra | T9M51817 | 000076390- 91 |
| 15. | National Organic Chemical Industries Ltd. | Mr. Rakesh Malhotra | T9U00235 | 000981135, 000921047, 000921046, 00098111, 000981136, 000981133 & 000981134 |
| 16. | National Organic Chemical Industries Ltd. | Mr. Rakesh Malhotra | T9P07751 | 000696791, 000696792 |
| 17. | Tata Motors Ltd. | (a) Mr. Rakesh Malhotra (b) Mr. Om Prakash Malhotra | E2R2045781 | 8823 |
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