S.R. Khanna & Ors. v. State

2. To be referred to Reporter or not? Yes. "3. Whether the judgment should be Yes. reported in the Digest? S.RAVINDRA BHAT, J. (OPEN COURT)

1. This petition seeks grant of Succession Certificate in respect of the movables and debts payable to the estate of late Dr. Raja Ram Khanna and his wife, late Smt. Promilla Khanna @ Bimla Khanna @ Bimla Kumari Khanna @ Ms. B.K. Khanna. The petitioners claim to be the sole surviving heirs of the said two deceased persons. *

2. Originally, theproceeding was filed inthe Court ofAddl. District Judge. However, it was noticed that the valuation of the property exceeded Rs.50 laldis. This led to the return of proceedings, for filing before the Competent Court, i.e. this Court. The record ofthe lower Court was summoned on the previous date of hearing, i.e. 24.02.2010; the same has been received. It reveals that the fourth petitioner had deposed in support of theproceedings by.filing an affidavit TEST, CASK 18/2010 Page 1 2010:DHC:15464 dated 28.04.2009. The said affidavit was exhibitedby the Court on 28.04.2009.

3. The record of the lower Court would reveal that by an order dated 27.01.2009, Mr. Saravjit Singh, Advocate was appointed as Coinmissioner to visit the two banks - (i) State Bank ofIndia, Denobili School Campus Branch, CMRS, Dhanbad and (ii) State Bank ofIndia, Indian School of Mines Branch, Dhanbad, Jharldiand, andprepare an inventory of items lying in Locker No.41 in the former banlc and Locker No. 80 in the latter banlc, in the names of the deceased, late Dr. Raja Ram Khanna and his wife, late Smt. Promilla Kliamia @ Bimla Khanna @ Bimla Kumari Klianna @ B.K. Khanna. Pursuant to the order, the Local Commissioner visited the said branches andsubmitted his report on 18.02.2008 (Ex. PW-l/G collectively), which is partof the r record. The petitioners have listed out the debts and movables which the estate of the two deceased were entitled to and have also filed particulars of the bank accounts and the Savings ^ Bank Accounts ofvai'ious branches.

4. In the affidavit evidence marked as Ex.PW-1/1, the fourth petitioner deposes that the list correctly reflects the legal representatives and heirs of the two deceased persons. It is stated that Dr. Raja Ram Klianna died on 08.02.2007 at Dhanbad and that his wife, late Smt. Promilla Khanna @ Bimla Khanna @ Bimla Kumari Khanna @ B.K. Klianna predeceased him on 26.08.1993. The Death Certificates have been produced as Ex.PW-l/A and Ex. PW-l/B. The record would also reveal that the citation was also issued by the Court and the notice of the proceedings was published in the newspaper on 22.08.2008 in the daily Dainik Jagran. There I _ have been no opposition to these proceedings.

5. Having regard to the above materials, the Court is of the opinion that the petitioners have established their entitlement to the grant of a Succession Certificate in respect of the properties and movables mentioned in Annexure-B, to the petition. The petition has to, therefore, succeed. TEST. CASH 18/2010 Page 2 u Let Succession Certificate be issued to the petitioners in respect of the properties detailed in Annexure-B, subject to their furnishing Administration and Surety Bond.

6. LA. No. 2291/2010 is disposed of in the above term?. No costs. List before the Joint Administration and Surety Bonds.

7. The petition is allowedin the above terms. No costs. f"

S. RAVINDRA BHAT

(JUDGE) APRIL 07,2010 ^ 'ajk' -