JUDGMENT : 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, Government of West Bengal is whether by virtue of her foreign nationality the petitioner can be a member of the Society and the owner of the said flat and if so, whether after remarriage the petitioner was divested of the above right? 7. In my opinion, on the death of Dr. Bhattacharyya the legal ownership of the flat in question and the right to become a member of the Co-operative Society vested in the petitioner, first as executor and thereafter as the legatee. There is nothing in any law, modifying the Indian Succession Act, 1925, so as to prevent testate succession by a foreigner. 8. In fact Section 92(3) of the West Bengal Co-operative Societies Act, 2006 declares that an "apartment" is a "heritable immovable property". 9. Having become the absolute owner of the property, there is nothing in our law, which divests property from a woman upon her remarriage. 10. 8. In fact Section 92(3) of the West Bengal Co-operative Societies Act, 2006 declares that an "apartment" is a "heritable immovable property". 9. Having become the absolute owner of the property, there is nothing in our law, which divests property from a woman upon her remarriage. 10. Therefore, I dispose of this writ application by holding that the writ petitioner is entitled to membership in the said Co-operative Society and to the ownership and possession of flat N-3 as the legatee of her husband’s Will, subject to any formalities that she has to observe as a foreign national to be able to get membership of the Co-operative Society. 11. The Co-operative Society will dispose of the application of the petitioner for membership on the basis of this order within eight weeks of communication of this order. 12. All the papers are before this Court. 13. Affidavits were not invited. The allegations contained in the petition are deemed not to have been admitted. 14. This writ application is, accordingly, dispose of. 15. Urgent certified photo copy of this order, if applied for, be given to the learned Advocates for the parties upon compliance of all requisite formalities.