- (1.) This appeal is at the instance of a respondent in a proceeding for grant of succession certificate under the provision of Section 372 of the Indian Succession Act and is directed against an order dated 24th August, 2007 passed by the learned Chief Judge, City Civil Court at Calcutta, in Act, XXXIX Case No. 17 of 2004 thereby allowing the said application in part by permitting Smt. Shyama Banerjee, the applicant, to get succession certificate to the extent of 3/4th share in respect of service benefit of her deceased husband, Ajit Banerjee, with further observation that Ashis Banerjee being an illegitimate son of Ajit Banerjee should get succession certificate to the extent of remaining 1/4th share of the service benefit of his deceased father, viz. Ajit Banerjee.
(2.) Being dissatisfied, Smt. Sandhya Banerjee, the defendant of the said proceeding and the mother of Ashis, has come up with the present appeal.
(3.) The facts giving rise to filing of the proceeding under Section 372 of the Indian Succession Act may be summed up thus: Smt. Shyama Banerjee claiming to be the widow of late Ajit Banerjee, a former employee of the Calcutta Municipal Corporation, prayed for grant of succession certificate in respect of service-benefit of the said deceased on the allegation that she was the wife of the deceased and the deceased left herself as the widow and two sons namely, Sukumar Banerjee and Soumen Banerjee, as the sole heirs and legal representatives. According to Smt. Shyama Banerjee, the deceased did not make any Will in respect of his estate.;