The Judgment of the Court was as follows :

Indumati Bhattacharyya was a Hindu woman. She was a member of the Vidyasagar Samabaya Abasan Samity Ltd. a "Co-operative Society under the West Bengal Co-operative Societies Act, 2006. Being such a member, she was allowed to own a unit/flat (No. N-3) in the building owned by the Co-operative Society.

2. It appears that her only legal heir and representative was her son Dr. Amitabha Bhattacharyya.

3. He was married to the petitioner a British subject but now settled in New Zealand. The son arid the daughter-in-law resided in the United Kingdom. They had no children.

4. Indumati Bhattacharyya died intestate on 24th April, 1990. Upon her death, Dr. Amitabha Bhattacharyya succeeded on intestacy to all her properties, including the Said flat N-3. Dr. Bhattacharyya became a member of the Co-operative Society. He died testate on 23rd January, 2003, leaving behind the petitioner as the executor and legatee under his last Will and Testament. She obtained probate thereof.

5. Subsequently the petitioner remarried and has settled in New Zealand.

6. The question which is troubling the Co-operative Society and the Urban Development Department, Gover