https://www.taxtmi.com/caselaws?id=101655 Heirs of a deceased shareholder whose title to shares had devolved by operation of law, and whose transmission had not been refused by the company, were treated as members for maintainability under sections 397 and 398 of the Companies Act. The absence of registration under section 108 did not defeat their pre-existing beneficial title where they had obtained the succession certificate and the necessary permission. A composite petition under sections 397, 398 and 433 was also held maintainable because relief under section 397 is linked to the just-and-equitable winding-up ground under section 433, and a prior Division Bench view supporting such joinder was followed. The preliminary objection therefore failed. en-us Wed, 21 Sep 1988 00:00:00 +0530 Fri, 10 Feb 2012 15:34:48 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=101655 Heirs of a deceased shareholder whose title to shares had devolved by operation of law, and whose transmission had not been refused by the company, were treated as members for maintainability under sections 397 and 398 of the Companies Act. The absence of registration under section 108 did not defeat their pre-existing beneficial title where they had obtained the succession certificate and the necessary permission. A composite petition under sections 397, 398 and 433 was also held maintainable because relief under section 397 is linked to the just-and-equitable winding-up ground under section 433, and a prior Division Bench view supporting such joinder was followed. The preliminary objection therefore failed. Case-Laws Companies Law Wed, 21 Sep 1988 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=101655