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december 1989

Supreme Court of India · 1989-12-19

WORLD WIDE AGENCIES PVT. LTD. AND ANR. vs MRS. MARGARAT T. DESOR AND ORS.

Citation / case number
SC 1989/72411
Court
Supreme Court of India
Petitioner
WORLD WIDE AGENCIES PVT. LTD. AND ANR.
Respondent
MRS. MARGARAT T. DESOR AND ORS.
Author
SABYASACHI () MUKHARJI
Bench
SABYASACHI (CJ) MUKHARJI

Judgment text excerpt

The Supreme Court held that legal representatives of a deceased shareholder are entitled to file a petition under Sections 397 and 398 of the Companies Act, 1956, even if their names are not recorded in the register of members. The Court clarified that succession is immediate upon death, vesting the deceased's property in the legal representatives, who can act on behalf of the deceased for share transfer purposes. The appeal was dismissed, affirming the maintainability of the petition and rejecting the hyper-technical view that would hinder justice.

WORLD WIDE AGENCIES PVT. LTD. AND ANR. vs MRS. MARGARAT T. DESOR AND ORS. · Niyam