, the High Court of Delhi discharged the applicant as surety from obligations under a succession certificate after verifying that he had fulfilled all duties and authorized the release of funds linked to fixed deposits.
Applicant discharged as surety and amount in FDRs to be released.
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SH. PRATAP KEWAL SINGH MOORJANI
..... Petitioner
Through Mr.Mitash Charan, Adv. for applicant versus
STATE C+
CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA
O R D E R % 10.08.2018 IA No.10659/2018
Learned counsel for the applicant submits this Court granted a letter of administration in respect of properties in lieu of the Will executed on 06.03.1972 and there was no opposition to such grant of letter of administration.
Vide order dated 26.09.2008 the petitioner was directed to file valuation report of the property in question. On 29.10.2009 the court accepted the valuation report and succession certificate was granted in favour of the petitioner subject to furnishing of indemnity bond of
1,96,536/- as surety for the said amount. The applicant agreed to stand as surety and now it is submitted that since he has discharged all the obligations cast under the certificate of succession, he be discharged.
In the circumstances, the applicant is discharged as surety from
all the obligations under the Indian Succession Act, 1925 and the amount as stated in the FDRs mentioned in para 3 of the application be released.
The application stands disposed of.
YOGESH KHANNA, J
AUGUST 10, 2018 VLD
1 issue framed by the court
Whether the applicant should be discharged as surety after fulfilling obligations under the succession certificate.
1 provisions across 1 enactments
SH. PRATAP KEWAL SINGH MOORJANI
STATE
YOGESH KHANNA
As recorded by the court registry
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