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Dispute of Inheritance of Shares cannot be decided under Companies Law: SC
Case Law Details
- Case Name
- Aruna Oswal Vs Pankaj Oswal & Ors. (Supreme Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Supreme Court of India
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Aruna Oswal Vs Pankaj Oswal & Ors. (Supreme Court)
Hon’ble Supreme Court held that the basis of the petition is the claim by way of inheritance of 1/4th shareholding so as to constitute 10% of the holding, which right cannot be decided in proceedings under section 241/242 of the Act. Thus, filing of the petition under sections 241 and 242 seeking waiver is a misconceived exercise, firstly, respondent no.1 has to firmly establish his right of inheritance before a civil court to the extent of the shares he is claiming; more so, in view of the nomination made as per the...
