Judgment :

Supratim Bhattacharya, J.

1. This instant appeal has been preferred by the appellant/opposite party against the respondent/petitioner, being aggrieved by and dissatisfied with the order dated 28.06.2023 passed by the Ld. District Delegate at Baruipur, South-24-Parganas in Misc Case No. 31 of 2018.

2. Through the impugned order the Ld. Trial Court has allowed ex parte the prayer for granting succession certificate to the mother of the policy holder since deceased.

3. The appellants herein being the wife and minor son of the policy holder since deceased, were the opposite parties before the Ld. District Delegate and the respondent herein was the petitioner who is the mother of the policy holder since deceased.

4. Facts of the instant lis One Bappaditya Sardar son of Sanjoy Sardar of village Arunachal Gorkhara P.O. & P.S. – Sonarpur, District: South-24-Parganas was the policy holder in respect of five Postal Life Insurance policies bearing the Nos. WB-137640-CS, WB-261942-CS, WB-261946-CS, WB-273806-CS and WB-AEA-184409-CS. The said Bappaditya Sardar expired on 24.03.2018 leaving behind his mother Sandhya Sardar , his wife Rinki Sardar nee Biswas and his minor son Rudrajit Sardar as his legal heirs. The said policy holder expired without executing any Will in respect of his estate.

The mother namely Sandhya Sardar prayed for grant of succession certificate to the extent of 1/3rd share in respect of the properties, assets and credits specified in schedule A to F authorising her to realise and collect the same with interest in respect of the estate of her son.

Ultimately the Ld. District Delegate Baruipur allowed the prayer of the petitioner ex parte as regards to the granting of succession certificate.

5. The Ld. District Delegate passed the following order:

“Accordingly, it is

Ordered

That the prayer for granting succession certificate is allowed ex parte without any order as to costs. Petitioner namely Sandhya Sardar is hereby authorised to realize and collect debts , interest and effects of deceased Bappaditya Sardar, Specifically mentioned in the schedule of the application as per law of inheritance applicable, if any.

Let a succession certificate be issued in favour of the petitioner within two moths from passing of this order. ….”

The wife and the minor son of the deceased have preferred the instant First Miscellaneous appeal against the said order.

6. The Ld. Counsel Mr. Mr. Saibalendu Bhowmik Being assisted by Mr. Biplab Guha, Mr. Subrata Bhatacharya and Mr. Rajsekhar Basu representing the appellants has submitted the following:

i) That the impugned order has been passed not in accordance with law.

ii) He has further submitted that the Ld. District Delegate ought not to have allowed the prayer of granting succession certificate only in favour of the mother of the deceased when the wife and a son being the legal heirs of the deceased are present.

iii) He has further submitted that the succession certificate ought to have been granted in favour of all the three legal heirs that is the mother, wife and the minor son of the policy holder, who are the legal heirs as because the policy holder has expired intestate.

iv) He has further submitted that in such circumstance the estate of the deceased is to be allotted as per the Hindu Succession Act.

v) He has further submitted that a nominee is not a beneficiary as such the mother is not entitled to receive the entire benefit accruing out of the estate left by her son since deceased.

Banking upon the aforesaid facts and circumstances the Ld.

Counsel has prayed for setting aside the impugned order passed by the Ld. District Delegate, Baruipur.

7. The Ld. Counsel Mr. Md. Zeeshanuz Zaman representing the respondent has submitted the following:

i) That the Ld. District Delegate has passed the impugned order granting succession certificate in favour of the mother in accordance with law.

ii) He has further submitted that there is no need for interference in respect of the impugned order passed by the