https://www.taxtmi.com/caselaws?id=198903 A petition by the legal heirs of a deceased shareholder under sections 397 and 398 of the Companies Act, 1956 was held not liable to rejection at the threshold merely because their names were not yet registered as members. On a preliminary objection, only the petition averments and jurisdictional facts relevant to section 399 could be examined; contested issues such as transmission, an alleged will, and pending succession proceedings could not be used to defeat maintainability at the demurrer stage. The pleadings disclosed entitlement to a substantial part of the deceased shareholder's holdings, which satisfied the qualifying shareholding requirement on the face of the petition, so the petition was maintainable. en-us Fri, 25 Aug 2006 00:00:00 +0530 Mon, 26 Feb 2024 10:56:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=198903 A petition by the legal heirs of a deceased shareholder under sections 397 and 398 of the Companies Act, 1956 was held not liable to rejection at the threshold merely because their names were not yet registered as members. On a preliminary objection, only the petition averments and jurisdictional facts relevant to section 399 could be examined; contested issues such as transmission, an alleged will, and pending succession proceedings could not be used to defeat maintainability at the demurrer stage. The pleadings disclosed entitlement to a substantial part of the deceased shareholder's holdings, which satisfied the qualifying shareholding requirement on the face of the petition, so the petition was maintainable. Case-Laws Companies Law Fri, 25 Aug 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=198903