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2023 Supreme(Del) 1837

IN THE HIGH COURT OF DELHI AT NEW DELHI
Manoj Kumar Ohri, J.
Jagdish Chanderbhutani – Appellant
Versus
State (Govt of NCT of Delhi) & Ors. – Respondents
FAO 17 of 2020 and CM APPL. 5100 of 2020 & FAO 19 of 2020 and CM APPL. 5101 of 2020
Decided On : 31-01-2023

Advocates appeared:
Mr. Kittu Bajaj, Advocate, for the Appellant.
Ms. Pavitra Kaur, Advocate, for the Respondent No.1/GNCTD.

The central legal point established in the judgment is the court's interpretation and application of the provisions of the Indian Succession Act, particularly Sections 376, 387, 373(3), and 375(1), in the context of granting succession certificate for the debts and securities of the deceased.

Headnote:

Indian Succession Act - Appeal - Section 299 - Succession Certificate - Sections 372, 376, 387, 373(3), 375(1) - The court allowed the appeal and remanded the matter to the concerned court to re-consider the review application in light of the provisions of Section 376 of the Act.

Fact of the Case:

The appellant filed appeals under Section 299 of the Indian Succession Act, 1925, assailing parts of judgments passed by the lower court, seeking succession certificate for moveable properties/lockers of deceased Smt. Kaushal Bhutani. The deceased had expired intestate and were survived by the appellant and respondent No. 2. The lower court partly allowed the petition for succession certificate, but certain debts and securities were not granted. The appellant filed a review petition, which was partly allowed, but the prayer for properties of Smt. Kaushal Bhutani was rejected.

Finding of the Court:

The court found the justification offered by the appellant for non-production of certain documents plausible and held that the lower court failed to exercise the powers vested in it under Section 376 of the Act. The court allowed the appeals and remanded the matter to the concerned court for re-consideration.

Issues: The issues revolved around the grant of succession certificate for the debts and securities of the deceased, particularly those owned exclusively by Smt. Kaushal Bhutani, and the failure of the lower court to exercise its powers under Section 376 of the Act.

Ratio Decidendi: The court's decision was influenced by the provisions of Section 376 of the Act, which empowers the court to extend the succession certificate to any debt or security not originally specified, and Section 387, which outlines the summary nature of proceedings for grant of succession certificate. The court also considered the implications of Section 375(1) and the case law of Atul Maithel v. State Bank of India & Anr. (2017 SCC OnLine Del 10921).

Final Decision: The appeals were allowed, and the matter was remanded to the concerned court for re-consideration in light of the provisions of Section 376 of the Act.

JUDGMENT

1. By way of present appeals filed under Section 299 of the Indian Succession Act, 1925 (hereinafter, `the Act'), the appellant has assailed parts of judgments dated 13.09.2019 and 01.06.2019 passed by learned ACJ-cum-CCJ-cum-ARC (NW), Rohini Courts, Delhi in M. No.84/19 and SCC No. 99/18 respectively. It is prayed that the appellant may be granted succession certificate qua all moveable properties/lockers of deceased/Smt. Kaushal Bhutani.

2. Since both the appeals arise from a common judgment dated 01.06.2019, they are being taken up together for consideration and shall be disposed of accordingly.

3. The facts, as discernible from the records, are that the appellant had preferred a petition under Section 372 of the Act, praying for grant of Succession Certificate in respect of investments/debts/securities of Late Sh.Ram Lal Bhutani and Late Smt.Kaushal Bhutani. It was claimed that the appellant was the brother of Sh.Ram Lal Bhutani, who was married to Smt.Kaushal Bhutani. Both Sh.Ram Lal Bhutani and Smt. Kaushal Bhutani had expired on 02.09.2017, in respect of which an FIR No. 279/2017 under Sections 302/394 IPC was recorded at P.S. Bharat Nagar, Delhi.

It was further claimed that the appellant's parents had already expired and both the deceased having died intestate, were survived by only two legal heirs i.e., the appellant and respondent No. 2. It was also stated that both the deceased had several accounts with various banks.

4. Pursuant to the appellant's petition before the learned ACJ, a publication was carried out. However, no member of the public came to oppose or contest the petition. The appellant examined the concerned bank officials of different banks and eventually the petition was partly allowed inasmuch as Succession Certificate in respect of debts and securities of Sh.Ram Lal Bhutani was granted in favour of the appellant, however, Succession Certificate qua debts and securities owned independently and exclusively by Smt.Kaushal Bhutani as well as her half share in debts and securities jointly owned by her with her husband was not granted.

5. In the review proceedings initiated by the appellant, the prayer was only allowed qua the omitted/missing entries pertaining to Oriental Bank of Commerce, State Bank of India and Canara Bank, and rejected insofar as prayer qua properties of Smt.Kaushal Bhutani were concerned.

6. The details of debts/securities/insurance policies stated to be exclusively in the name of Smt. Kaushal Bhutani, as mentioned in the impugned judgment dated 01.06.2019, are as under:

S. No.Bank's NameA/C No.Type of A/CHolder's NameAmount
1.Oriental Bank of Commerce, Wazirpur, Delhi00843031141607FDKaushal BhutaniRs.1,18,505/-
00843031144615FDKaushal BhutaniRs.1,15,925/-
00843031153969FDKaushal BhutaniRs.1,08,194/-
00843031057632FDKaushal BhutaniRs.84,210/-
00842031000983FDKaushal BhutaniRs.23,333.38/-
00843031022326FDKaushal BhutaniRs.96,539/-
2.Bank of Baroda, Ashok Vihar-I, Delhi07130300000986FDKaushal BhutaniRs.52,496/-
3.Canara Bank, Wazirpur, New Delhi2016101030781SavingKaushal BhutaniRs.18,527/-
0387404000015/2FDKaushal BhutaniRs.3,00,000/-
0387404000017/4FDKaushal BhutaniRs.2,31,729/-
4.State Bank of India, Parliament Street, Sansad Marg, New Delhi.31878389892OPENKaushal BhutaniRs.68,941/-
31878391674OPENKaushal BhutaniRs.68,941/-
32353016579OPENKaushal BhutaniRs.6,65,137/-
32353017222OPENKaushal BhutaniRs.6,65,137/-
32353017528OPENKaushal BhutaniRs.6,65,137/-
32353022276OPENKaushal BhutaniRs.6,65,137/-
10819281919MATDKaushal BhutaniRs.31,89,873.65/-
5.State Bank of India, Ashok Vihar, Delhi10732093727FDKaushal BhutaniRs.21,124.45/-
31007346601FDKaushal BhutaniRs.93,658/-
31007348360FDKaushal BhutaniRs.93,658/-
31007349067FDKaushal BhutaniRs.28,504/-
31385348709FDKaushal BhutaniRs.77,480/-
31385362359FDKaushal BhutaniRs.77,480/-
35786599666FDKaushal BhutaniRs.1,10,958/-
6.Punjab National Bank, Wazirpur, Delhi0637000100302055SavingKaushal BhutaniRs.45,347.37/-.

7. The details of d

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