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.