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Akash (XYZ)     21 September 2015

Transfer of company share certificate

My uncle had bought shares with in his and my joint name. He is the first holder and I am the second holder. There was no nomination made on the share certificate. Held in physical format. Total current value around Rs.60,000

My Uncle was not well and died sometime back overseas.  I am unable to get his death certificate. The company share registrar is insisting on his death certificate to transfer the shares to my name.

How do i get the share registrars to transfer the shares to my name in absensce of death certificate?

Seek your learned advice.



Learning

 9 Replies

2BHelpfull (Other)     21 September 2015

Death Certificate is must .

 

Company will not trf in absence of Death Certificate

KS Johal   21 September 2015

You definitely need a death certificate.

H.JanakiManohar Rao (lawyer)     21 September 2015

You can now apply for death certificate if he died in a hospital.If he died in his house u approach the concern.First u approach d Municipal corporation they will tell u the procedure.

Kumar Doab (FIN)     21 September 2015

He has died overseas. Death certificate preferably in english may be obtained from his family.

Dr J C Vashista (Advocate)     22 September 2015

Apply and obtain death certificate from the country where your uncle has died, (foriegn nations have good system for maintenance of birth and death records) it is mandatory requirement to get the share(s) transferred in your name.

If you are unable to obtain death certificate, file a declaratory suit with available documents and informations gathered with respect to obtaining his death/certificate.

Consult a local lawyer for further guidance, advise and proceeding.

Ms.Usha Kapoor (CEO)     27 August 2016

U consult Insdian  consulate office of  the  country where your uncle  died or that copuntry's consulate in India and apply for  death certificate. If he died in an  overseas hospital Hospital authorities may provide his death certificate. Or obtain a notarized Affidavit of his family  as per stamp duty rules of the forign country where your uncle died that your uncle has died. A Notarized Affidavit issued by  his family confirming his death also is equal to a death  certificate. You produce the death certificate and get  the  joint  shares transferred iin your name.

Ms.Usha Kapoor (CEO)     27 August 2016

U consult Insdian  consulate office of  the  country where your uncle  died or that copuntry's consulate in India and apply for  death certificate. If he died in an  overseas hospital Hospital authorities may provide his death certificate. Or obtain a notarized Affidavit of his family  as per stamp duty rules of the forign country where your uncle died that your uncle has died. A Notarized Affidavit issued by  his family confirming his death also is equal to a death  certificate. You produce the death certificate and get  the  joint  shares transferred iin your name.

Ms.Usha Kapoor (CEO)     27 August 2016

U consult Insdian  consulate office of  the  country where your uncle  died or that copuntry's consulate in India and apply for  death certificate. If he died in an  overseas hospital Hospital authorities may provide his death certificate. Or obtain a notarized Affidavit of his family  as per stamp duty rules of the forign country where your uncle died that your uncle has died. A Notarized Affidavit issued by  his family confirming his death also is equal to a death  certificate. You produce the death certificate and get  the  joint  shares transferred iin your name.

Ms.Usha Kapoor (CEO)     27 August 2016

company Law Board's authoruized represwenrttative alone has authority to produce affidavit evidence before a court  of Law or compny law board  Bench. .  Special resolution is not manadatory.


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