1. The plaintiff married one Nitin Kokate on 3rd December, 2004. Her husband expired on 5th July, 2007. Nitin Kokate held certain shares in D - mat Account with the Depository Participant Cell of defendant No. 1. Her husband executed a nomination in the prescribed form following the prescribed procedure set out by the Depository Participant, defendant No. 1 Bank in favour of the defendant No. 3, his nephew on 11th July, 2006. The plaintiff claims an interest in the said shares as his heir and legal representative. She claims to have them sold.

2. This Suit is not concerned with the reason why she claims the sale of the shares. The plaintiff must show her legal right, title and interest in those shares. If that is shown, the plaintiff would be entitled to sell or transfer those shares or to hold them as her own.

3. The defendant No. 3 claims right, title and interest in the shares pursuant to the nomination executed in his favour. The nomination has been executed well prior to the death of the deceased and well after his marriage with the plaintiff. The defendant No. 1 Bank has stated that the nomination is executed as required and has been so registered with the Depository Participan