Transmission of shares without probate of will

Madhu Mittal (Querist) 01 June 2016 This query is : Resolved
Respected Sirs,
On the above subject, I want to state that When shares of my Late Father in law who resided and died at Jaipur (Rajasthan) and Unregistered Will also made at Jaipur were sent to Karvy Computershare Pvt Ltd, Hyderabad (
E-mail: einward.ris@karvy.com), Karvy Computershare Pvt Ltd, Hyderabad insisting on Probate of Will and does not want to act on behalf of Will.

Whereas “Probate of will” it is not required as per law, “Will” is enough , this is clarified by the Hon’ble Supreme Court in its decision, again clarified by the Hon’ble Gujrat High Court on the point for your ready reference, the paras of this two decisions is given herebleow:
1. IN THE SUPREME COURT OF INDIA Decided On: 22.02.2001 reported at AIR2001SC1151 in a case named Clarence Pais & Ors. etc. vsUnion of India para 8…. As a consequence, a probate will not be required to be obtained by a Hindu in respect of a will made outside those territories or regarding the immovable properties situate outside those territories.
2. IN THE HIGH COURT OF GUJARAT AT AHMEDABAD Decided On: 30.10.2006 reported at MANU/GJ/8701/2006 and (2007)1GLR277 in a case named Minaxiben Shashikantbhai Patel Vs. Dist. Collector at following paras:
1. The only question, which arise for consideration of this Court in the present petition is whether for a Will executed by a Hindu qua the property situated outside the original civil jurisdiction of the High Court at Calcutta, Madras and Mumbai, the probate is a compulsory requirement for establishing the rights pursuant to the will or not?
9….Therefore, even without probate, the rights acquired by the executor or legatee of the Will can be established before the Court or before any other authority which in the present case is revenue authority.
10….. Hence, the stand of the District Collector insisting the probate for the Will in question cannot be sustained in the eye of law and deserves to be quashed and set aside.
11. In the result, the petition succeeds. The impugned communication made by the District Collector not to proceed with the mutation without their being any probate of the Will in question executed by the deceased Chandubhai Jivabhai Patel is quashed and set aside. Consequently, the District Collector shall be required to consider the matter for entering mutation based on the Will after following the procedure as may be required, if not followed, under Section 135D of the Bombay Land Revenue Code and if the rights pursuant to the Will are established before him, the necessary mutation shall be recorded in the revenue record in favour of the petitioner as may be permissible in law.
In spite of sending these two citations to Karvy Consultant , the Registrar of Issue and transfer Agents of Kotak Mahindra Bank insisted that without Probate of Will, no transmission will be done.
Please let me know whether Karvy consultant is correct in denying transmission of shares without Probate of Will or not.
IF not correct, what should be done as per law?

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Kumar Doab (Expert) 01 June 2016
Has the agent replied in writing?

The agent is pressing probably in order to ascertain that the will in question is the last will and testament made by the deceased, and that it is important that the same is authenticated/ probated by the Court, to protect the interest of the investors and to avoid any future claims/dispute.

SEBI has set threshold value for transmission of shares, without requirement of producing Probate / Letter of Administration / Succession Certificate.

Recheck the whole matter with SEBI.

Madhu Mittal (Querist) 01 June 2016
Respected Sir,
1.Has the agent replied in writing?
Yes.
2.SEBI has set threshold value for transmission of shares, without requirement of producing Probate / Letter of Administration / Succession Certificate.
-Shares to be transmitted above the figure of Rs. Two lakh and such covered under 2(c) in the circular mentioned below:

-I have seen a SEBI’s CIRCULAR no. CIR/MIRSD/10/2013 October 28, 2013, in which it was stated at Annexure A- Documentary requirement for securities held in physical mode
Documentary requirement for securities held in physical mode
Annexure A
Documentary requirement for securities held in physical mode
1. For securities held in single name with a nominee:
i. Duly signed transmission request form by the nominee.

ii. Original or Copy of death certificate duly attested by a Notary Public or by a Gazetted Officer.

iii. Self attested copy of PAN card of the nominee. (Copy of PAN card may be substituted with ID proof in case of residents of Sikkim after collecting address proof)

2. For securities held in single name without a nominee, following additional documents may be sought:
a) Affidavit made on appropriate non judicial stamp paper – to the effect of identification and claim of legal ownership to the securities
b) For value of securities upto ` 2,00,000 (Rupees Two lakh only) per issuer company as on date of application, one or more of the following documents:
i. No objection certificate [NOC] from all legal heir(s) who do not object to such transmission (or) copy of Family Settlement Deed duly notarized or attested by a Gazetted Officer and executed by all the legal heirs of the deceased holder.

ii. Indemnity made on appropriate non judicial stamp paper – indemnifying the STA/Issuer Company.

c) For value of securities more than ` 2,00,000 (Rupees Two lakh only) per issuer company as on date of application:
i. Succession certificate (or) Probate of will (or) Letter of Administration (or) Court decree.

What I want to know whether the above guideline of SEBI is not against the law clarified by the Hon’ble Supreme Court as well as Hon’ble Gujrat Court as far as point 2 ( c ) is concerned, because as per Supreme court, no probate requires until immovable properties in the Will situated at Bombay, Kolkatta or Chennai and Will is made at above three places. So when in case in hand Will is made at Jaipur and in Will there is no immovable property mentioned situated at Bombay, Kolkatta or Chennai.

As per me, the Guidelines, in the light of these two citations, be like this:

From 2 ( c ) Probate of Will should be deleted and

A new point 2 (d) can be made, like this:

d) For value of securities more than ` 2,00,000 (Rupees Two lakh only) per issuer company as on date of application if there is Will, one or more of the following documents:
i. No objection certificate [NOC] from all legal heir(s) who do not object to such transmission (or) copy of Family Settlement Deed duly notarized or attested by a Gazetted Officer and executed by all the legal heirs of the deceased holder.

ii. Indemnity made on appropriate non judicial stamp paper – indemnifying the STA/Issuer Company.

Please comment, and if whatever I have written is correct, what should be done as per law?

Madhu Mittal (Querist) 02 June 2016
MANU/GJ/8701/2006
Equivalent Citation: (2007)1GLR277
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Special Civil Application No. 19303 of 2005
Decided On: 30.10.2006
Appellants: Minaxiben Shashikantbhai Patel
Vs.
Respondent: Dist. Collector
Hon'ble Judges/Coram:
Jayant M. Patel, J.
Counsels:
For Appellant/Petitioner/Plaintiff: B.S. Brahmbhatt
For Respondents/Defendant: Government Pleader
Subject: Property
Subject: Civil
Acts/Rules/Orders:
Bombay Land Revenue Code, 1879 - Section 135D; Indian Succession Act, 1925 - Section 213, Indian Succession Act, 1925 - Section 57, Indian Succession Act, 1925 - Section 57(a)
Disposition:
Petition Partly Allowed
Citing Reference:
Clarence Pais and Ors. vs. Union of India Relied On

JUDGMENT
Jayant M. Patel, J.
1. The only question, which arise for consideration of this Court in the present petition is whether for a Will executed by a Hindu qua the property situated outside the original civil jurisdiction of the High Court at Calcutta, Madras and Mumbai, the probate is a compulsory requirement for establishing the rights pursuant to the will or not? In the present case, it is an admitted position that property is situated at Gandhinagar and therefore, the incidental question which may be required to be considered by the Court is whether probate for such will is necessary requirement for claiming any right under the said will or not?
2. The short facts of the case are that the petitioner is a housewife and her farther-in-law purchased the property in Gandhinagar(Gujarat State) bearing Plot No. 1319/1 at Sector No. 3B admeasuring about 90 Sq. Mtrs. The Registered Sale Deed is also executed by Ilaben Vivekchandra Desai in favour of the father-in-law of the petitioner Chandubhai Jivabhai Patel on 29.03.1996. The said document came to be registered vide No. 1160 with the Sub-Registrar, Gandhinagar and consequently, the father-in-law of the petitioner became owner of the property in question. It appears that the father-in-law of the petitioner Chandubhai Jivabhai Patel, executed a Will dated 03.04.2000, which also came to be registered with the Sub-Registrar, Gandhinagar vide No. 1619. It is the case of the petitioner that as per the said Will, the property is bequeathed to the petitioner, who is wife of Shashikantbhai Patel, the youngest son of the executant of the Will. The executant of the Will Chandubhai Jivabhai Patel since expired on 05.07.2000, the petitioner applied to the revenue authority, i.e. the District Collector for entering mutation on her name based on the Will dated 03.04.2000 of the deceased Chandubhai Jivabhai Patel. It is the case of the petitioner that the process was undertaken and during the course of the said process, the other legal heirs of the deceased Chandubhai Jivabhai Patel consented for mutation in favour of the petitioner. However, the District Collector by the impugned communication dated 30.11.2004 declined to consider the matter on the ground that the probate is not obtained of the Will and the matter will be considered after the probate is obtained and therefore, under these circumstances, the petitioner has approached to this Court by way of the present petition.
3. I have heard Mr. Brahmbhatt, learned counsel appearing for the petitioner, Mr. Mengdey, learned AGP for the respondent District Collector.
4. As such, on the aspects of the existence of the Will, there is no dispute. Whether the Will is genuine or not is also not in dispute before this Court. Whether by the present Will, rights of the other legal heirs of the deceased are affected in any manner or not is also not an aspect, which is the subject matter of this petition. The only aspect, which arise for consideration is legality and validity of the stand taken by the District Collector for insistence of the probate before making mutation entry in the revenue record based the will of the deceased.
5. In my view, as per the provisions of Section 57 of the Indian Succession Act, 1925 (hereinafter referred to as "the Act"), the provisions of testamentary succession are applicable to the Will made by Hindu, subject to restriction and the modifications specified therein. The Will made by Hindu are differently classified qua the property situated within the territories, which were subject to the control of the Lieutenant-Governor of Bengal or within the local limits of the ordinary civil jurisdiction of the High Courts of Judicature at Madras and Bombay. Whereas, qua all other Wills made by Hindus, a separate clause is provided under clause (c) of the Section 57 of the Indian Succession Act.
6. As per Section 213 of the Indian Succession Act, the right as executor or legatee pursuant to the Will can be established in any Court of justice unless a Court of competent jurisdiction has granted probate of the said Will. However, sub-section 2 of Section 213 provides that this Section shall not apply to the Will made by Hindu, Buddhist or Sikh where such Wills are of the clauses specified in clause (a) & (b) of Section 57 of the Act. To say in other words, if the Will is falling in the category of the clauses other than Clause (a) & (b) of Section 57 of the Act, the restriction as provided in sub-section 1 of Section 213 of the Act shall not operate.
7. At this stage, it would be worthwhile to extract certain observations of the Apex Court in the case of Clarence Pais and Ors. Vs. Union of India, reported at 2001 SC 1151 wherein while considering the constitutional validity of the provisions of Section 213 vis-a-vis Section 57 of the Indian Succession Act at para 6, it has been observed by the Apex Court inter alia as under:
"A combined reading of Section 213 and 57 of the Act would show that where the parties to the will are Hindus or the properties in dispute are not in territories falling under Section 57(a) and (b), sub-section (2) of Section 213 of the Act applies and sub-section (1) has no application. As a consequence, a probate will not be required to be obtained by a Hindu in respect of a will made outside those territories or regarding the immovable properties situate outside those territories."
(emphasis supplied.)
8. The aforesaid position of law is settled by the highest Court of the country and therefore, no further discussion may be required.
9. If the facts of the present case are considered in light of the above referred legal position, it cannot be disputed that the property is situated at Gandhinagar and is outside the territories of the original civil jurisdiction of the High Court of Bombay and the property is even otherwise is situated in Gujarat State, which is outside the original civil jurisdiction of the High Court of Bombay or Madras or Calcutta. Therefore, even without probate, the rights acquired by the executor or legatee of the Will can be established before the Court or before any other authority which in the present case is revenue authority.
10. Therefore, in view of the aforesaid legal position that for a Will executed by a Hindu qua the immovable property situated outside the territory of original civil jurisdiction of High Court of Bombay and Madras, the Probate is not compulsory for establishing the rights in the property as the property in the present case is situated in Gandhinagar, even without probate the legatee who is the petitioner in the present case can establish the rights pursuant to the Will executed by deceased Chandubhai Jivabhai Patel who is admittedly Hindu. Hence, the stand of the District Collector insisting the probate for the Will in question cannot be sustained in the eye of law and deserves to be quashed and set aside.
11. In the result, the petition succeeds. The impugned communication made by the District Collector not to proceed with the mutation without their being any probate of the Will in question executed by the deceased Chandubhai Jivabhai Patel is quashed and set aside. Consequently, the District Collector shall be required to consider the matter for entering mutation based on the Will after following the procedure as may be required, if not followed, under Section 135D of the Bombay Land Revenue Code and if the rights pursuant to the Will are established before him, the necessary mutation shall be recorded in the revenue record in favour of the petitioner as may be permissible in law.
12. Petition is allowed to the aforesaid extent. Rule made absolute accordingly. Considering the facts and circumstances, there shall be no order as to costs. D.S. permitted.

Madhu Mittal (Querist) 02 June 2016
Following is the Transmission of Shares policy of Housing Development Finance Corporation Limited, Mumbai which appears as per law laid down by Hon’ble Supreme Court and Hon’ble Gujarat High Court as mentioned above.
https://www.hdfc.com/company-information/investor-faqs
TRANSMISSION OF SHARES
• If a person holding shares in physical form in his sole name dies intestate (i.e. without leaving a will) how can his legal heir(s) get the shares transmitted in his/ their name(s)?
In case no person has been appointed as nominee by the deceased shareholder, the legal heir(s) is/are requested to submit the following documents along with the share certificate(s) to the Corporation:
o Request for transmission in writing duly signed by all the legal heirs (transferees)
o Certified true copy of the death certificate
o Certified true copy of any one of the following:
(a) Will or
(b) Probate issued by a Court of competent jurisdiction or
(c) Letter of Administration issued by a Court of competent jurisdiction or
(D) Succession Certificate
o In case the transmission is requested not in favour of all the legal heirs, no objection from other legal heir(s) relinquishing their right on the said shares.
• Can I request to transmit part of the shares held under a folio?
Transmission will be given effect in the manner and in accordance with the Will, Probate / Order issued by the Court.
• What happens in case the legal heir(s) cannot trace the share certificate(s)?
The legal heir(s) may apply to the ISD for issuance of duplicate share certificate(s) along with their request for transmission of shares. In addition to submission of documents prescribed for transmission of share(s), legal heir(s) is / are required to follow the procedure for issue of duplicate share certificate(s).
• Is stamp duty payable on transmission of shares?
No.

Kumar Doab (Expert) 02 June 2016
This is an interesting thread.

Experts are requested to moderate.

You may write to Chairman 'SEBI' and request to reply.

>>> RBI had earlier set the threshold value for deceased depositor a/c without nomination and allowed the banks to set this value for themselves.

This can be seen in clauses 19 & 20 in 'Master Circular for Customer Services'.

20. Settlement of claims in respect of deceased depositors– Simplification of procedure

"20.1.2 It may be noted that since payment made to the survivor(s) / nominee, subject to the foregoing conditions, would constitute a full discharge of the bank's liability, insistence on production of legal representation is superfluous and unwarranted and only serves to cause entirely avoidable inconvenience to the survivor(s) / nominee and would, therefore, invite serious supervisory disapproval."

"20.2 Accounts without the survivor / nominee clause
In case where the deceased depositor had not made any nomination or for the accounts other than those styled as "either or survivor" (such as single or jointly operated accounts), banks are required to adopt a simplified procedure for repayment to legal heir(s) of the depositor keeping in view the imperative need to avoid inconvenience and undue hardship to the common person. In this context, banks may, keeping in view their risk management systems, fix a minimum threshold limit, for the balance in the account of the deceased depositors, up to which claims in respect of the deceased depositors could be settled without insisting on production of any documentation other than a letter of indemnity.'

https://www.rbi.org.in/scripts/BS_ViewMasCirculardetails.aspx?id=9862

>>> Likewise SEBI has set the rules for Threshold value.

>>> Your query is for Equity shares a/c without nomination but deceased depositor has left a valid WILL, the WILL is not registered.

The demand made from you is that as per respective clause WILL is to be probated.

You have quoted following judgments:

---Supreme Court of India
Clarence Pais & Ors vs Union Of India on 22 February, 2001
https://indiankanoon.org/doc/1422425/

"These two writ petitions have been filed challenging the validity of Section 213 of the Indian Succession Act, 1925 (hereinafter referred to as the Act] as unconstitutional and to restrain the Union of India from enforcing the provisions thereof against the Indian Christians.'

"However, when the deceased is a Hindu, Muhammadan, Buddhist, Sikh, Jaina or Parsi nothing contained in the Act shall vest in an executor or administrator any property of the deceased person, which would otherwise have passed by survivorship to some other person. Section 213(1) requires that no right as executor or legatee under a Will can be established in a Court of Justice without obtaining probate or letters of administration of the Will under which such right is sought to be established. Section 57 of the Act makes it clear that the provisions of that part which are set out in Schedule III subject to the restrictions and modifications specified therein, shall apply to all Wills and codicils made by any Hindu, Buddhist, Sikh or Jaina after the first September, 1870 who are originally residents in the jurisdiction of the High Courts of Judicature at Madras and Bombay or subject to the jurisdiction of Lieutenant Governor of Bengal and to all such Wills and codicils made outside those territories and limits so far as relates to immovable property situate within those territories or limits and to all Wills and codicils made by any Hindu, Buddhist, Sikh or Jaina on or after the first day of January, 1927 to which those provisions are not applied by clause (a) and (b), provided that marriage shall not revoke any such Will or codicils. In view of the aforesaid provisions, there is compulsory requirement of probating a Will to establish such a right by virtue of the provisions of Section 213 which is made applicable and is restricted to Indian Christians and certain other categories of persons professing Hindu and other faiths.'

Sections 57 and 213 of the Act provide as follows :

(2) (ii):

"Hindu Wills Act, 1870 is the forerunner of Section 57 of the Act. This Section without the proviso together with Schedule III except Article (5) is Section 2 of Hindu Wills Act, 1870 as amended by Section 154 of the Probate and Administration Act, 1881. The proviso is proviso to Section 3 of the Hindu Wills Act. Thus, the scheme of the said enactment is retained in Section 57 of the Act.

The scope of Section 213(1) of the Act is that it prohibits recognition of rights as an executor or legatee under a will without production of a probate and sets down a rule of evidence and forms really a part of procedural requirement of the law of forum.'

"The bar to the establishment of the right is only for its establishment in a court of justice and not its being referred to in other proceedings before administrative or other Tribunal. The section is a bar to everyone claiming under a will, whether as plaintiff or defendant, if no probate or Letters of Administration is granted.'

"If Christians alone had been discriminated against by treating them as a separate class, we think the argument could have been understood and merited consideration.

In that view of the matter, we do not think there is any merit in these petitions and the same stand dismissed"

-----Minaxiben Shashikantbhai Patel
Vs.
Dist. Collector

http://gujarathc-casestatus.nic.in/gujarathc/tabhome.jsp

file:///C:/Users/Login/Downloads/C_SCA_19303_2005_j_4.pdf

"11.In the result, the petition succeeds. The
impugned communication made by the District
Collector not to proceed with the mutation
without their being any probate of the Will in
question executed by the deceased Chandubhai
Jivabhai Patel is quashed and set aside.
Consequently, the District Collector shall be
required to consider the matter for entering
mutation based on the Will after following the
procedure as may be required, if not followed,
under Section Section 135 D of the Bombay Land
Revenue Code and if the rights pursuant to the
Will are established before him, the necessary
mutation shall be recorded in the revenue record
in favour of the petitioner as may be
permissible in law. "

Kumar Doab (Expert) 02 June 2016
PNB:
SETTLEMENT OF CLAIMS PERTAINING TO DECEASED / MISSING CUSTOMERS OF
THE BANK IN RESPECT OF THEIR DEPOSITS, CONTENTS OF LOCKERS AND
ARTICLES IN SAFE CUSTODY WITH THE BANK.

5. Claim based on ‘Will’
5.1 In cases where the deceased customer has left a ‘Will’, it should be probated. If Probate
is not feasible, contact the branch manager for advice.

https://www.pnbindia.in/Upload/En/CHECK_LIST_DECEASED_CLAIMS.pdf

Kumar Doab (Expert) 02 June 2016
South Indian bank:
PART-1
SETTLEMENT OF DEATH CLAIMS

2. LEGAL POSITION

The legal position is quite clear in the matter of settlement of claims on the death of
an individual. In the absence of nomination or clear mandate in respect of a joint
account or a Will left behind by the deceased depositor, bank is required to pay the
stock (balance outstanding) at the time of death of the person to all the legal heirs.
Considering the risk involved, banks traditionally used to look for legal representation
(in the form of a succession certificate, letter of administration or probate) for
settlement of claims.

A. SETTLEMENT OF DEATH CLAIMS IN RESPECT OF DEPOSIT
ACCOUNTS WHERE THERE IS NO NOMINATION/SURVIVORSHIP
CLAUSE.
1. INTRODUCTION.

iii) If the deceased had left any Will, whether the Will has been probated
(Please note that probate of Will is not mandatory in all cases)

3. WHAT IS A CLAIM AND WHO IS TO CLAIM:

3.2 If the deceased has left any Will, the beneficiaries under the Will, will be the
claimants. Hence the beneficiary under the Will shall submit a copy of the Will
to the branch. A declaration should be submitted by all the legal heirs
stating that the Will produced to the Bank is the last Will of the deceased
and the same was not cancelled or amended during the life time of
testator and requesting the Bank to act upon the Will.

3.3 If any Court of Law has granted Probate or Letters of Administration, the
authorized persons in whose favour the Probate or Letter of Administration has
been issued is entitled to prefer the claim on behalf of the legal heirs.

4.1 Whether Probate of Will is mandatory?
Probate of Wills is mandatory in the case of Wills made by any Hindu,
Buddhist, Sikh or Jain where the Wills are made in the Presidency Towns, i.e.,
Chennai, Kolkatta and Mumbai and in cases where though the Will is
executed at a place outside Chennai, Kolkatta and Mumbai, the subject
matter of the Will situates at Chennai, Kolkatta or Mumbai.

https://southindianbank.com/UserFiles/claim_policyforms_for_website.pdf

SAINATH DEVALLA (Expert) 02 June 2016
I endorse the detailed replies of Doabji.

Kumar Doab (Expert) 02 June 2016

FORMAT OF TRANSMISSION APPLICATION

*The Hon’ble Court has granted me/us Probate of the Will / Letters of Administration / Succession Certificate on
the (date of the order).

OR

In the absence of probate of the will / letters of administration / succession certificate, I/we are furnishing
indemnity bond and affidavit thereof for transmission.

https://www.pg.com/en_IN/downloads/investor_relations/pghh/shareholder-services-pghh/Annexure-6-Format-of-Transmission-of-shares-application.pdf

Kumar Doab (Expert) 02 June 2016
@ Author @ Madhu Mittal,

You seem to be energetic and active and can put in some efforts.

I shall be posting further in the thread in response to your PM's as well.

May I ask you to write to Chairman; SEBI, Governor;RBI that probate of WILL is not mandatory and it should be circulated to one and all!

Kumar Doab (Expert) 02 June 2016

Company Law Board
Mrs. Pushpa Vadera vs Thomas Cook (India) Ltd. on 28 April, 1995

https://indiankanoon.org/doc/504472/

24. Therefore, the legal proposition that emerges from a reading of these cases is that the ratio of non-requirement of a probate of the will is also applicable in respect of movable properties. Therefore, we are of the view that in the instant case, under law, there is no need for a probate of the will which was executed in Delhi relating to the shares in the respondent-company.

25......................The appellant has merely furnished copies of the death certificate and the alleged will dated April 1, 1986.

Thus non-application of mind by the board of directors to the request for registration of transmission of shares is apparent and clear. In the normal circumstance we would have remitted the case back to the board of directors to reconsider the issue taking into consideration the legal points raised in the petition and also the availability of discretionary powers with the board to register the transmission without production of probate of will. But we do not propose to do so for the following reasons :

(a) The impugned shares have been in limbo for nearly nine years and all the benefits attached to the shares have been denied to the legal heirs of the deceased.

(b) We have already observed that, in law, there is no need for a probate of the will in the present case.

(c) Even assuming that there has to be probated, we find that the reason for rejection is that the value of the shares was high (as indicated on the company's letter dated January 25, 1990). Now, we understand that the market price of the shares has gone up further substantially. In a case of transfer of shares in which the board would be justified in refusing registration of transfer of shares on account of large percentage, the market price of the shares has no relevance.

(d) The board did not seem to have considered various relevant factors placed in the appeal when it passed the circular resolution and have just been guided by the text of the resolution placed for its approval.

....................
(f) The reason that by transmitting the shares without production of the legal representation the company would be creating a precedence is also baseless since as per the company's own admission there are cases where they have done so.

28. In regard to the relief to be granted, if we have to consider the various conclusions we have arrived at ; that in the instant case, in law, there is no need for a probate of will ;

that even otherwise the board of directors never applied their mind to the entire provisions of Article 62 ; that the plea of defective will is not justified ; the same is obvious that we should direct the company to register the transmission of the shares in favour of the appellant without any further delay or requirement.

However, counsel for the appellant, Sri Ganda undertook to furnish to the company an indemnity bond, a no objection letter from the two sons of the appellant and also a letter of guarantee from Hans Hotel Pvt. Ltd. In view of this we direct the company to register the transmission of 2,300 shares standing in the name of the deceased in the name of the appellant, Smt. Pushpa Vadera, within 15 days of her furnishing an indemnity bond and letter of guarantee, both to the value of shares as on April 1, 1986, and also a letter of no objection from her two sons. On registration of transmission, all benefits that accrued to the shares as on April 1, 1986, and which arose after that date shall be passed on to the appellant.

Kumar Doab (Expert) 02 June 2016
Company Law Board
S. Kanthimathy, S. Lakshmi, S. ... vs The Woodlands Estates Limited And ... on 20 August, 2007

https://indiankanoon.org/doc/1625727/

4. The disputes involved in these company petitions are in relation to the shares bequeathed by (late) S. Sivaramakrishna Aiyer in TWEL. TPPL and TRTCL ("the Companies") in favour of his legal heirs, in terms of his Will dated 17.09.1986. The parties, being legal heirs of (late) S. Sivaramakrishna Aiyer are common, the issues involved and reliefs claimed in these company petitions are similar. In view of this, these company petitions were heard together and are being disposed of by this common order.

5.9 The Indian Succession Act, 1925 does not confer executive jurisdiction on civil courts to interpret any Will, but only in respect of probate and administration of estate. A Will can be interpreted by all judicial forums. The interpretation of the terms of the Will is not a matter within the province of the District/High Court. In a number of cases the CLB has interpreted the investment agreement. Any legal document can be interpreted by the CLB. as there is no legal bar in the Indian Succession Act. The genuineness and validity of the Will are not under dispute. None of the parties has initiated any legal proceedings in any Forum challenging the Will.

5.10 The Supreme Court in Gnambal Ammal v. T. Raju Aiyer while laying down the cardinal principles to be observed by the Courts in construing a Will pointed out that the intention of the testator must be ascertained and "gathered primary" from the language of the document which is to be read as a whole without indulging in any conjuncture or speculations as to what the testator would have done, if he had been better informed or better advised." The CLB in Mrs. Pushpa Vadora v. Thomas Cook (India) Ltd. (1996) Vol. 87 CC 921 while entertaining an appeal under Section 111 of the Act upon refusal of the company to register the transmission of shares in favour of legal heirs of a deceased member without probate of Will, considered various questions which included (a) whether the appeal was in time; (b) whether a Will executed by a Hindu in the Union Territory is required to be probated and (c) whether the Company was rightly insisting on a probate of the Will or letters of administration in the facts and circumstances of the case, upon which the CLB categorically came to the conclusion that (i) there was no need in that case for a probate of Will executed in Delhi: (ii) the board of directors never applied their mind to the provisions of relevant article of association of the Company; and (iii) the objection relating to the validity of the Will is not sustainable. With these findings the CLB directed the company in that case to register the transmission of shares in favour of the appellant without any further requirement.

5.12 Clause 18 of the articles of association of TRTCL stipulates that every transmission of share shall be verified in such a manner as the board of directors may require and that the Company may refuse to register any such transmission until the same is so verified.

Kumar Doab (Expert) 02 June 2016

COMPANY LAW BOARD, MUMBAI BENCH, MUMBAI
BEFORE THE COMPANY LAW BOARD, MUMBAI BENCH, MUMBAI
Present: Shri Ashok Kumar Tripathi
Member (Judicial)
C.P No. 32 of 2012
Under Sections 111, 397, 398 & 399 r/w
Sections 402, 403 & 406 of the
Companies Act, 1956.
In the matter of:
Smt. Veena Naresh Seth … Petitioner

V/s
M/s. Seth Industries Pvt. Ltd. & Ors. … Respondents

http://www.mumbaiclb.com/download/CP_32_2012_Seth_Industries_Pvt_Ltd_.pdf_10012015_070149.pdf

2.6 The said Naresh Seth died on 22/06/2007 leaving behind the
Petitioner and their minor son Suchit Seth as his only legal heirs. The said
Shares were bequeathed to the Petitioner herein by the last Will and
Testament dated 20/06/2007 of the said deceased which has been probated
by the Petitioner herein in accordance with law.

Kumar Doab (Expert) 02 June 2016
Hope this shall suffice.

SAINATH DEVALLA (Expert) 02 June 2016
Kudos for the efforts for excellent analysis and the material supplied by Mr Doab.Information provided is very useful not only to the author of the query but also to me and other legal experts of the forum.Very good conclusion

Guest (Expert) 02 June 2016
You should have the Legal Heir Certificate and Consent of other Legal Heirs for transfer to any particular person's name.Normally now a days all the share certificates are in demat and only very few would be in physical form.Be Prepared with Legal Heir Certificate and even if you do not have or not able to trace the details of the shares Keep the deceased person's mobile /mail a/c active and you would receive messages from the brokers who holds his shares and even if the shares in physical form the Annual Reports would be sent by the company to his name and accordingly you could Trace and Identify his Share Holding Details and claim fresh certificates following up the procedures.SEBI/NSE/BSE has got nothing to do in your case.If you wish to go by the way of Will first it has to be Probated in Court whether it is Registered or Un Registered Will.

Kumar Doab (Expert) 02 June 2016
The guidelines are framed by regulator SEBI and are pressed by KARVY.

You may submit rest of the requisite documents to agent and involve regulator.

Guest (Expert) 02 June 2016
The Share Transfer Agent could effect the Transfer if the Proper Instruction is given by the company once it is satisfied with the submissions.Make Proper Requisition legally with all evidences/undertakings for Transfer with a Warning that they would be held for all the Losses/damages caused by their delay in Transfer giving 15 days Time to effect the Transfer.Submit it by Post or Courier

Madhu Mittal (Querist) 02 June 2016
Respected Sir Kumar doabji,
Thanks a lot for taking so much interest in the matter. I will definitely write to all of them, but suppose even after SEBI do not agree, what is the recourse left to me?

Kumar Doab (Expert) 02 June 2016
First thing first:

Act as advised by fellow expert and companion Mr. N.J.S. Rajkumar and write to agent and company.

The agent shall act as per internal rules downloaded to it.

M V Gupta (Expert) 03 June 2016
As the will is executed at Jaipur, it is not compulsory to probate the will as vindicated by the various decisions quoted above. But the Company or the Transfer Agents need to be assured that the will relied on by the concerned beneficiary is genuine and not assailable by any other legal heirs of the deceased. It is from this angle the demand made by the Karvy has to be viewed. But their insistence for probate is not justifiable. It involves lot of expenditure to the beneficiary besides bot being a legal requirement. They and the Company concerned may ask for an indemnity from the beneficiary and no objection certificate in the form of an affidavit by the other legal heirs should meet their requirement of proving the genuineness of the will.Take up the matter with the company concerned and demand for transfer of the shares without further delay. You may further warn them that any further delay will be treated as deficiency in service.

Kumar Doab (Expert) 03 June 2016
FORMAT OF TRANSMISSION APPLICATION

as posted above also affirm that In the absence of probate of the will / letters of administration / succession certificate,
indemnity bond and affidavit thereof can be furnished for transmission.

Kumar Doab (Expert) 03 June 2016
The link in case of banks as posted above for 'SETTLEMENT OF DEATH CLAIMS' also affirms it.

RBI and SEBI should act to circulate it.

Madhu Mittal (Querist) 06 June 2016
Respected Sir M.V.Guptaji and other experts,
Thanks for reply my query, “But their insistence for probate is not justifiable”.
O.k. “justifiable” word is used. Can it be written as “But their insistence for probate is not legal”. In another words Whether the company legally can insist on for getting done probating of Will from those persons for whom “probating of Will” is not mandatory?
Waiting for your early response,
Thanks with Regards,

Kumar Doab (Expert) 06 June 2016
We have exerted and tried to contribute to the best possible.

We can not press the company or its agents.

The affected party is at liberty to decide to submit the requisite documents in the absence of probate of the will / letters of administration / succession certificate under proper acknowledgment or pursue any other action as deemed fit OR submit the documents and act later after hearing further from company or agent.

Madhu Mittal (Querist) 14 June 2016
All Respected Sirs in general and Sh kumar doab in particular,
Thanks a lot for your answers of my query. Now What I want to know that

2..Even if after bringing all these four citations in the notice of Karvy Computershare Pvt Ltd, Hyderabad (transfer agent), Kotak Mahindra bank Limited (company) and Securities Exchange Board of India, Mumbai, Company insists on probate of Will, whether it is Contempt of Court or not at the level of Karvy Computershare Pvt Ltd, Hyderabad (transfer agent), Kotak Mahindra bank Limited (company) and Securities Exchange Board of India, Mumbai ( for not issuing proper guidelines) ?

2. Court Decisions 3 + Comapany Law Board 1
i) Clarence Pais & Ors. etc. vs Union of India of Supreme Court at
https://indiankanoon.org/doc/1422425/ held: 8….As a consequence, a probate will not be required to be obtained by a Hindu in respect of a will
made outside those territories or regarding the immovable properties situate outside those territories.

ii) Minaxiben Shashikantbhai Patel Vs. Dist. Collector of Gujrat High Court reported at MANU/GJ/8701/2006 =Equivalent Citation: (2007)1GLR277 : 9…. Therefore, even without probate, the rights acquired by the executor or legatee of the Will can be established
before the Court or before any other authority which in the present case is revenue
authority.

iii) Mrs. Pushpa Vadera vs Thomas Cook (India) Ltd. on 28 April, 1995 Company Law Board Mrs. Pushpa Vadera vs Thomas Cook (India) Ltd. on 28 April, 1995 reported at https://indiankanoon.org/doc/504472/ held:

2. It is stated in the appeal that the appellant is the widow of the late Shri Dev Raj Vadera and the
deceased was a registered member of the respondent-company in respect of 2,300 equity shares.
The appellant has further stated that the deceased, the late Shri Dev Raj Vadera, who expired on
April 1, 1986, leaving behind a will whereby the deceased bequeathed his entire estate to the
appellant being his wife.
26…… (b) We have already observed that, in law, there is no need for a probate of the will in the present case.

iv) Legrand (India) Private Ltd. Vs. Union of India (UOI) and Ors : about Section 2(b) of the Contempt of Courts Act, 1971. reported at :https://indiankanoon.org/doc/300979/ held :

9. From the above four decisions, the following propositions emerge:
(a) It is immaterial that in a previous litigation the particular petitioner before the Court
was or was not a party, but if a law on a particular point has been laid down by the High
Court, it must be followed by all authorities and tribunals in the State ;
(b) The law laid down by the High Court must be followed by all authorities and
subordinate tribunals when it has been declared by the highest Court in the State and they
cannot ignore it either in initiating proceedings or deciding on the rights involved in such
a proceeding;
(c) If in spite of the earlier exposition of law by the High Court having been pointed out
and attention being pointedly drawn to that legal position, in utter disregard of that
position, proceedings are initiated, it must be held to be a wilful disregard of the law laid
down by the High Court and would amount to civil contempt as defined in Section 2(b)
of the Contempt of Courts Act, 1971.

Kumar Doab (Expert) 14 June 2016
We have illustrated.

Engage a very able counsel, for further deliberations.

Your counsel can render considered opinion after examination of all docs on record and inputs.

You may have to pay the fee but it can be worth it.

Madhu Mittal (Querist) 15 June 2016
Respected Sirs,
Thanks for your cooperation,
Please look what is being done by these Giants like 1. Karvy consultants, Hyderabad 2. SEBI 3. Kotak Mahindra Bank Limited.
Complaint that was lodged to SEBI, Mumbai against Karvy Consultants (transfer agent) at email, was disposed of even without taking my views on that or intimating me, the status of complaint shows “disposed of” at the sight of SEBI.

Take the example of case of Company Law Board
Mrs. Pushpa Vadera vs Thomas Cook (India) Ltd. on 28 April, 1995, what happened in that “the transfer agents of the
respondent-company have already intimated the appellant on July 26, 1986,” and case ended on 28.04.1995 at Company Law Board level. It took about 9 years, the legatee Pushpa Vadera had to fight a long judicial system simply for getting the transmission of shares of her late Husband.
What harm to Transfer agent and Company Thomas Cook (India) Ltd., Nothing. in spite of this decision of Mrs. Pushpa ( now about 20 years), again clarified by Supreme Court of India and by the Gujrat High Court, still The transfer Agents keep on demanding Probate. Why they dare to demand Probate inspite of So Clear laws and inspite of bringing the notice of these citations in their knowledge, because there is no harm to them. If one succumbs to their demand, O.k. he has to get Probate, if anybody does not succumb, and fights just like Pushpa Vadera, again no harm to Transfer Agent or Company or SEBI, for not implementing law of land, they will transmit the shares after a long judicial fight.

Here I want to get confirmed from the learned members of this forum, whether it is contempt or not at the part of Transfer Agent or Company or SEBI, so that fight should not be done only for transmitting the shares of individually, but for not implementing the law of land faithfully by these Giants, simply because they themselves want to be on safer side. I also want to lodge case for offence of Contempt of Court u/s 2b of Contempt of Court.
I do not want to go for litigation only for litigation, I want to go for concrete results so that in future these Giants do not dare to harass any investor simply for to be on safer side.

I am not here for saving the fees of advocate, for a case only one advocate can be engaged, I also have to engage if I fight. But be practical, if I insist for Contempt of Court, o.k. for my wishes, it can be lodged, later on may be dismissed as not maintainable. That is Why I am here to get advise of learned experts of this forum. I think this forum is also made for such type of discussion. Many of times, there is a difference on opinion of even experts of this forum, but after discussions, it is resolved at this forum also by learned experts themselves accepting the views of other experts.
So please answer for the sake of justice,
With Regards,

Kumar Doab (Expert) 16 June 2016
@ Author @ Madhu Mittal,

Your resolve and stand is appreciable.

I am aware of my limitations.Still I will try to contribute.

With my limited understanding I feel there is logic in your post.

However it is suggested that you may get in touch with a very able counsel/law firm specializing in such matters.

LCI Experts Mr. N.J.S.Rajkumar, Mr. Sainath Devalla, Mr.M.V.Gupta have posted in this thread. You may request them.

There are many other seasoned experts at LCI who can help you e.g; Mr. Devajyoti Barman, Mr. Raj Kumar Makkad, Mr. Ajay Sethi, Mr.Prabhakar Singh, Mr. P.S.Dhingra, Mr. V.R.Shroff, Mr. Rajendra K Goyal, Dr. J.C.Vashista,................. You may approach them.

Madhu Mittal (Querist) 16 June 2016
Respected Sirs,

I request all of you to answer :
2..Even if after bringing all these four citations in the notice of Karvy Computershare Pvt Ltd, Hyderabad (transfer agent), Kotak Mahindra bank Limited (company) and Securities Exchange Board of India, Mumbai, Company insists on probate of Will, whether it is Contempt of Court or not at the level of Karvy Computershare Pvt Ltd, Hyderabad (transfer agent), Kotak Mahindra bank Limited (company) and Securities Exchange Board of India, Mumbai ( for not issuing proper guidelines) ?

Thanks with Regards,

Madhu Mittal (Querist) 23 June 2016
Respected Sirs,

my main question in still remained answered about contempt of Court, please answer.

Below is the some para of 209 th Report of Law Commission Report.

The text of this Report is available on the Internet at
http://www.lawcommissionofindia.nic.in

209Th Report On Proposal For Omission Of Section 213 From The Indian ...

Law Commission Report
209Th Report On Proposal For Omission Of Section 213 From The Indian ...
GOVERNMENT OF INDIA

Proposal for omission of Section 213 from the Indian
Succession Act, 1925.

.. .. .. ..
If in regard only to properties in Chennai, Mumbai or Kolkata or in the event of the testator having executed the testament while within these cities, is a probate made requisite by this provision leaving aside the entire country does not this provision appear an anachronism?

2.2 Hardship is experienced by litigants in obtaining probate or letters of administration paying
high duty. While obtaining of probate or letters of administration is not insisted upon in respect of
wills executed by Muslims and Christians anywhere in India in respect of properties situated
anywhere in India and wills executed by Hindus, Buddhists, Sikhs, Jainas and Parsis outside the
local limits of the ordinary original civil jurisdiction of the High Courts at Calcutta, Madras and
Bombay in respect of properties situated outside those limits, there…
Thanks with Regard,

Guest (Expert) 27 June 2016
Well advised by Shri Kumar.

Kumar Doab (Expert) 27 June 2016
Respected Shri P.S.Dhingra,

Sir,

My heartfelt thanks for encouragement by you.

With Regards
KumarDoab

Guest (Expert) 27 June 2016
You are welcome, Kumar.

Hemant Agarwal (Expert) 28 June 2016
INTROSPECT ON THIS:

1. Contempt of Court, is invoke'able if the relevant authority /person, deliberately ignores the directions /order given by the court to him (specific).
Note: Order of Court in case no. 1234, is applicable only relating to case no. 1234 and not other existing or non-existing cases. IF it were so THEN litigants would just simply claim such single court order in their filed /unfiled cases, before the authority/person. AND there would be no need of the courts. One order of 1947 in a property case would be claimed today in 2016 and perpetually and ridiculously. Precedent Court orders have only "persuasive value". Orders of the Court are "only" specific judgements AND CANNOT override the mandate of the Legislative Law, subject to certain parameters.

2. IN THE PRESENT querist's matter, it is the discretion of the "transfer agents" to honor the will or not honor the will, BECAUSE the "transfer agents" have NO LEGAL JURISDICTION and/or Judicial Authority, to determine the validity of the will or claimants. Hence the "transfer agents" are within jurisdiction to ask for proper Court Order (LA, Probate, .... ). and would act on the relevant Court Order, wherein the Court Order would record that LA /Probate is required or not required.
Note: A Duly Probated will is LEGALLY FINAL, for all legal purposes. WHEREAS, a NON-Probated will can be replaced very easily with a "genuine" will by another tom-dick-&-harry. WHO or WHAT can stop this ? ? ? ?

3. The "transfer agents" are within jurisdiction to refuse further transmission, MORE SO, since an "unregistered will AND /OR a non-probated will", can be very easily set-off and can be more easily claimed by other Claimants /Beneficiaries in future, and then therein the "transfer agents" would bear the brunt of liability and unprojected expenses, which no principle Company would reimburse.

4. A Will "TILL" duly probated, will always remain "suspect", for all futuristic purposes. There is no legal stopping for ANY third party, whatsoever, to claim the said property, thru "another" duly executed true /false will of a furtherer latest date. A New Claim can be claimed every month by "anybody - whosoever", claiming to have the will in his favor. Nothing stops this, to the exception of a final Court order..

Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com

Kumar Doab (Expert) 28 June 2016
Dear Expert Mr. Hemant Agrawal,

Thanks for your post.

Hemant Agarwal (Expert) 29 June 2016
Shri Kumar Doab :

Thanks for the Acknowledgement.

NOW, lets see whether the querist (Madhu Mittal) understands and acknowledges, my views.
Apprehensively, I see more counter-productive & argumentative questions coming in ! ! ! !

Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com

Madhu Mittal (Querist) 29 June 2016
Respected Sir Hemant ji,
Thanks for your post and taking interest in my query,

But due respect to you, as per you to be only safer side, the transfer agent is correct in demanding probate of will, though it is not required as per law as per Supreme Court (Clarence Pais & Ors vs Union Of India on 22 February, 2001, and Company Law Board
(Mrs. Pushpa Vadera vs Thomas Cook (India) Ltd. on 28 April, 1995 ) ) mentioned above and paras below:
8. He further submitted that under the Indian Succession Act, a will need not be stamped or
registered, and it is a document whose registration is optional under the provisions of the Indian
Registration Act. He further submitted that the relevant provisions are Section 63 of the Indian
Succession Act and Section 18 of the Indian Registration Act. He also invited our attention to the
observations made by the Supreme Court in the case of Ishwardeo Narain Singh v. Kamta Devi, AIR
1954 SC 280, wherein it was held that there is a fallacy still present in the minds of judges that a will
must either be registered or deposited with a District Registrar under the provisions of the Indian
Registration Act and it was further held categorically that to draw an adverse inference against a
will's genuineness because it is not registered, is not warranted by law.

10. He further submitted that obtaining a probate of will is not a condition precedent to the
establishment of a right where the will has been made by a person in respect of property situated at
a place other than Bombay, Madras and West Bengal. In this connection, he placed reliance on the
observations made in the case of Jagdish Chandra v. Chandra Shekhar Sharma [1988] 2 CCC 985
(MP). He further argued that the respondent-company cannot compel the appellant to go to the
court and seek letters of probate or administration in respect of the will, when the statute itself
exempts her from doing so. He further submitted that when statu-torily there is no need to get the
will probated and if the same is insisted upon, the appellant will suffer further loss of time in the
courts as well as having to pay an enormous court-fee.

As per you, regarding contempt of court
The decision [of Legrand (India) Private Ltd. Vs. Union of India (UOI) and Ors : about Section 2(b) of the Contempt of Courts Act, 1971. reported at :https://indiankanoon.org/doc/300979/ ] mentioned above, is also wrongly decided.

Please comment.

I request others Sirs, also to post their comment.

Thanks with Regards,

Hemant Agarwal (Expert) 30 June 2016
In lieu of your umpteen & never ending questions, kindly prefer to RE-READ my previous post, this time more S-L-O-W-L-Y, and TRY to understand it, IF possible.

What I say is immaterial and not judgmental for you or anybody to accept. What I have posted is only for "INTROSPECTION". Accept it .OR. Abandon it.

INSTEAD of fruitless arguments, kindly prefer to visit a local lawyer, with your matter, since here you must be presuming that the professional /experts herein will use their constructive time and non-stop answer your umpteen queries

Also ascertain the genuineness of the will you are holding, since the "transfer agent" has apprehensions about the same.

Also ascertain whether there are other claimants holding other will document.

Quoting of this judgement or that judgement, is not going to solve your problem, since you are not a party in those judgments to claim "contempt of court".

Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com

Madhu Mittal (Querist) 30 June 2016
Respected Sir,
Thanks again giving your valuable time to my query,

-Also ascertain the genuineness of the will you are holding, since the "transfer agent" has apprehensions about the same.

I have requested them that affidavit of witnesses of will can be submitted, no objection in the form of affidavit from other legal heirs can be submitted, Indemnity bond can be submitted and in addition to this any other document for safety of interest of transfer agent/ company can be submitted. But not to insist on Probate as it is not required as per law in a Will executed at Jaipur and no mention of any immovable property at Mumbai, Chennai and Kolkatta in it.

Also ascertain whether there are other claimants holding other will document.

There is no other claimant holding other will document.

Evenafter knowing of law, whether one should succumb to their demand of Probate or not? This is the point and if transfer agent simply to be on safer side insist on Probate, whether he is correct or not, if correct O.k. and if not correct what can be done against them for insisting of Probate . This is the Point. Ultimately if not guided properly, one has to succumb to their demand of Probate.
Thanks with Regards,

Hemant Agarwal (Expert) 30 June 2016
1. Affidavit of Witness or whatever are "dime for a dozen" and can be changed & filed every second day overriding the earlier Affidavit. It is all childish play.

2. Whether probate is required or not would depend on the transfer agents perception of the genuineness of the will. IF the transfer agent is apprehensive (even as a routine) THEN there is no reason to overwhelm him for fruitless discussions and judgments. TODAY YOU may be claiming the will is genuine .OR. that there are no other claimants. TOMORROW, another "madhur mittal" might surface with another so-called genuine will. AFTER a few months another "madhuri mittal" might surface with another so-called genuine will. Who decides on all this. IT IS THE COURT, VIA PROBATE DECREE, which is final for all purposes, due to "due procedure of law" that is involved.

INTROSPECT ON THIS:
3. Probate "as a routine" is NOT required in India (to the mandatory exception of Bombay, Madras and Calcutta). HOWEVER Probate is "DEFINITELY" required in exempted places, "IF" (repeat "IF" ) the will is "suspect" FOR ANY REASON, depending on the perception of the relevant authority. Do not count your own perceptions. Tomorrow you might surface with a will of "Rajesh Khanna", who may be having property in Jaipur-Rajasthan and then you might start claiming that this will is genuine and probate is not required.

4. I have experience of cases where property was disposed off on basis of one will and another will surfaces after a few months aggregating into a "true/staged" legal dispute, THUS "jinxing" the new property-buyers money and psychology. Such "rackets" are quite common in India, more so since more than 70% court cases in India relate to True/Forged will, Family Property claims from near and far ones.

I presume you are only trying to scuttle the legally requested process by the "transfer agents", apprehensively due to monetary reasons. Whether you "succumb" and "demoralize" or whatever is gross philosophy and one-sided thinking. The parameters of law is not and can never be philosophy.

Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com

M V Gupta (Expert) 30 June 2016
It is unfortunate that Mr. Mittal is repeating his queries and does not seem to appreciate the apprehensions of the Transfer agent or the Company as so clearly set out by Shri Hemant Agarwal. It appears that he is not interested in acting on such well reasoned advises posted by several experts above. I feel that Mr. Mittal should end his chat at least now.

Guest (Expert) 30 June 2016
Gupta ji,

When a Director of a company is getting free & good tutorials at the cost of and precious time and infrastructure of the experts, why he or she should not take advantage of that?

He or she cannot be blamed, more particularly, when members of our experts community have decided to compete with one another in an attempt to demonstrate, who knows better than the other ones.

SUPER SPECIALTY SERVICES FOUNDATION (INDIA)

M V Gupta (Expert) 30 June 2016
Thanks Dhingraji. Mr Mittal has already got much more guidance than any one can expect. Hence my above observation.

Guest (Expert) 30 June 2016
Your observation was quite correct. I had also been watching the interaction of those guys to see, whether they are able to realise to what extent they are correct or not to get the thread exorbitantly stretched, but could not do so.

Kumar Doab (Expert) 30 June 2016
I have already posted that:

"I am aware of my limitations.

However it is suggested that you may get in touch with a very able counsel/law firm specializing in such matters."

WE have wholeheartedly contributed.

Beyond this the author needs to act on all advises posted in the thread.

Guest (Expert) 30 June 2016
Kumar ji,

As per his profile, he could well afford to hire services of a capable company law expert. So, I don't think there was such a need to stretch the thread to quite a large extent.

Kumar Doab (Expert) 30 June 2016
Sir,

It has already been posted that ' author may get in touch with a very able counsel/law firm specializing in such matters."
'

Madhu Mittal (Querist) 01 July 2016
Respected Sirs,

Thanks for giving your best. With due respect to all of you, on the thread at http://www.lawyersclubindia.com/experts/Probate-letter-of-administration-264181.asp : Expert Sh. prabhakar singh ji had opined “It is now correct that Letter of Administration and Probate is not compulsory/necessary in Delhi as DDA has left to insist for it in will mutation cases.”

At another thread http://www.lawyersclubindia.com/experts/Will-Probate-122471.asp Expert sH. s.subramanianji had opined “With the recent amendment to the Indian Succession Act,the procedure of compulsory probating of the wills has been given up. No need to probate the will at all. …..”.

Thanks with Regards,

Kumar Doab (Expert) 01 July 2016
@ Author @ Madhu Mittal,

You may express the relevant points to agent, company, regulator and convince them.if matter is resolved at this stage nothing like it.

Thereafter you can pursue the most suitable recourse.

Wish you the best.

Madhu Mittal (Querist) 01 July 2016
Respected all sirs in general and Sh.Kumar doab and Sh. S. Subramanianji in particular,

If anyone of you having this amendment, please provide. That will be a lot for me to convice all authorities.
Thanks with Regards,

Hemant Agarwal (Expert) 01 July 2016
1. AFTER the melee of answers, the queriest has forgotten his wish-point of "contempt of court".
SURPRISING ! ! ! !

2. HOWEVER the queriest is still persisting fruitlessly on so called earlier threads and judgments .... this is also expected to wean off ....

3. The querist is suggested to prefer to RE-READ my previous post, this time more S-L-O-W-L-Y, and TRY to understand it, IF possible. (more specifically point no. 3 of my "last" posting). This will help him wean away from various threads and judgments.

4. The queriest should also realise that after certain number of years, the property of the deceased will not be claimable, except by thoroughly following up by following due procedure of law (which is being avoided as of today)

Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com

Guest (Expert) 01 July 2016
Experts are merely wasting time for the unsatiable qerist! They may continue to provide their tutorials to him on his query after query, if they prefer so.

The author probably thinks as if the Karvy, Registrar and the Transfer Agent, can be compelled to adhere to the different statements, advices and opinions of the experts here.

The author may better hire some perfect company law expert and get specific court order to ensure Karvy to effect transmission of shares.

Please be aware, Karvy has no authority to effect transmission of shares for and on behalf of any company merely on the basis of any case laws having no distant link to author's own case. Judgments on others' cases can't be enforced by Karvy in your case, unless the competent court issues specific orders to that effect on the analogy of other judgments/ case laws.

As a Director of some company, you should have tried to understand this simple thing that case laws do not have universal application, unless the competent court makes specific order on the analogy of any case law, provided the nature, the characteristics and the circumstances are similar to the case of that judgment.

Better not to innecessarily stretch the thread any more.

SUPER SPECIALTY SERVICES FOUNDATION (INDIA)

Madhu Mittal (Querist) 01 July 2016
Respected Sir Dhingaji,
What I have understood,
In your opinion, if some perfect company law expert is hired, specific court order to ensure Karvy to effect transmission of shares can be got “without Probate” on the basis of on the analogy of other judgments/ case laws.

Thanks with Regards,

Hemant Agarwal (Expert) 01 July 2016
SURPRISING TURN OF THOUGHTS:
a) The patience & advises of the experts /professionals is taken for granted.
b) The test of experts / professionals herein is sort of seemingly over ....
c) The Dark night is passing off.
d) The light of Dawn is opaquely visible.
waiting .... till the next one !

Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com

Guest (Expert) 01 July 2016
What do you want, whether you want the shares to be transmitted on probated will or unprobated will?

Kumar Doab (Expert) 01 July 2016
The WILL is signed at Jaipur.

You are pressing that the Company cannot seek probate of a Will which is not legally necessary to obtain...............Company did not produce a copy of its Articles to find out whether the board of the Company has powers to refuse transmission and if so, on what grounds!

Where are the said shares deemed to be ( legally); Jaipur or Mumbai ( believing that the bank is at Mumbai)?

Do you have legal heir certificate issued by tehilsdar? Have you agreed to submit legal heir certificate, indemnity,disclaimer,NOC, authenticated copy of WILL etc etc.................?

Madhu Mittal (Querist) 01 July 2016
Respected Sir Dhingaji,
I want the shares to be transmitted on unprobated will.

Respected Sir Kumar Doabji,

About Articles of association of company i.e. Kotak Mahindra Bank
- Kotak Mahindra bank articles of association at point no. 26 to 29 about transmission of shares that is adopted under companies act 2013 in annual general meeting held on 29.06.2015 as follows:
Transmission of shares
26. i. On the death of a member, the survivor or survivors where the member was a
joint holder, and his nominee or nominees or legal representatives where he
was a sole holder, shall be the only persons recognised by the Company as
having any title to his interest in the shares.
ii. Nothing in clause (i) shall release the estate of a deceased joint holder from
any liability in respect of any share which had been jointly held by him with
other persons.
27. i. Any person becoming entitled to a share in consequence of the death or
insolvency of a member may, upon such evidence being produced as may
from time to time properly be required by the Board and subject as
hereinafter provided, elect, either:
a) to be registered himself as holder of the share; or
b) to make such transfer of the share as the deceased or insolvent
member could have made.
ii. The Board shall, in either case, have the same right to decline or suspend
registration as it would have had, if the deceased or insolvent member had
transferred the share before his death or insolvency.
28. i. If the person so becoming entitled shall elect to be registered as holder of the
share himself, he shall deliver or send to the Company a notice in writing
signed by him stating that he so elects.
ii. If the person aforesaid shall elect to transfer the share, he shall testify his
election by executing a transfer of the share.
iii. All the limitations, restrictions and provisions of these regulations relating to
the right to transfer and the registration of transfers of shares shall be
applicable to any such notice or transfer as aforesaid as if the death or
insolvency of the member had not occurred and the notice or transfer were a
transfer signed by that member.
29. A person becoming entitled to a share by reason of the death or insolvency of
the holder shall be entitled to the same dividends and other advantages to
9
which he would be entitled if he were the registered holder of the share,
except that he shall not, before being registered as a member in respect of the
share, be entitled in respect of it to exercise any right conferred by
membership in relation to meetings of the Company:
Provided that the Board may, at any time, give notice requiring any such
person to elect either to be registered himself or to transfer the share and if the
notice is not complied with within ninety days, the Board may thereafter
withhold payment of all dividends, bonuses or other monies payable in
respect of the share until the requirements of the notice have been complied
with.

Where are the said shares deemed to be ( legally); Jaipur or Mumbai ( believing that the bank is at Mumbai)?

-Sir, shares are movable assets, so it does not matter whether deemed to be Jaipur or Mumbai.

Do you have legal heir certificate issued by tehilsdar? Have you agreed to submit legal heir certificate, indemnity,disclaimer,NOC, authenticated copy of WILL etc etc.................?

-I have already written them to provide all of above, if Registrar likes.

Thanks with Regards,

Guest (Expert) 01 July 2016
So, if you want the shares to be transmitted on unprobated will, where was the necessity to give such a big description. You may move the Competent court through your lawyer to present your arguments, instead of tretching the arguments here on the pages of the LCI. Entitlement has to be decided by the competent court not the members of this forum.

Kumar Doab (Expert) 01 July 2016
Let the Registrar / Board decide and then entrust to your able counsel/law firm.

Kumar Doab (Expert) 01 July 2016
You have displayed that you have understanding of legalities.

This is the maximum Experts could post.

Madhu Mittal (Querist) 08 July 2016
Respected Sirs,
I got denial from Karvy Computershare Private Limited ( Share transfer agent) in these words:

“We have referred the matter to the bank for their perusal and advice if they wish to enhance the limit or waive from production of legal documents such as a Succession Certificate or a Probate of the Will. The bank had declined to accept either of these and insisted that the requirement for transmission be fulfilled by submitting copy of the Succession Certificate or Probate of the Will.”

Please let me know if possible, the names of able counsel/law firm or some perfect company law expert to be hired.
I am from Jaipur.

Kumar Doab (Expert) 11 July 2016
You can inquire at Jaipur.

LCI Expert Mr. J.K.Agrawal is from Jaipur.

If you wish,you can get in touch for guidance.

Madhu Mittal (Querist) 10 September 2016
Respected Sirs,

Transmitted shares have been got today Without Probate of Will.
Thanks a lot for the persons who started this forum.

Thanks a lot for all the Learned members of this forum in general and Mr Kumar Doab in special who cited the citation of Mrs. Pushpa Vadera vs Thomas Cook (India) Ltd. on 28 April, 1995 and encouraged me a lot, who took interest in my thread by giving their valuable time and knowledge.
Thanks again with respect. I hope cooperation in future also be given by the learned persons of this forum.

Kumar Doab (Expert) 10 September 2016
Delighted to note this and that you have succeeded.

You may post the details.

There is no provision for Attachment in Experts section.

You may attach the PDF files in thread initiated by you in Forum section.

Madhu Mittal (Querist) 19 September 2016
Respected Sir,
Sorry, for delay due to some unavoidable circumstances. I have written them Karvy consultants as well as Kotak Mahindra bank all the citations, quoted by you, as well as me and other lawyers at different thread at this thread with the request that I will prefer going in ligitation againt you, rather to getting the Will probabted as it is not required by law. so please avoid litigation and get my share transmitted without Probate.If not done all the expenses as well as damages caused to me due to not transmission will be borne by you.
Thanks with Regards.

Guest (Expert) 19 September 2016
Thanks for the info. Please accept congratulations from me.

Kumar Doab (Expert) 19 September 2016
Pls post the reply of the agent and bank.

Madhu Mittal (Querist) 20 September 2016
Respected Sirs,
Bank never responded directly to me, the agent Karvy vide its letter dated 02.09.2016 while sending certificates duly transmitted, wrote like this, “enclosed please find the following share/debenture certificate(s) duly transferred in your name(s)”

Kumar Doab (Expert) 20 September 2016
Obviously Bank agreed and asked agent to write to you.

Kumar Doab (Expert) 20 September 2016
Congratulations.

Guest (Expert) 20 September 2016
Was there any specific purpose to share unwanted information, as extracted below and seemed to have been posted just to unduly enliven the dead issue since long?

"Bank never responded directly to me, the agent Karvy vide its letter dated 02.09.2016 while sending certificates duly transmitted, wrote like this, “enclosed please find the following share/debenture certificate(s) duly transferred in your name(s)”

CAN YOU STATE THE PURPOSE FOR WHICH YOU HAVE POSTED THIS INFORMATION, WHEN YOU HAVE ALREADY RECEIVED YOUR TRANSMITTED SHARES?

ALSO, WHAT DO YOU WANT THE EXPERTS TO DO WITH THAT INFORMATION?

Madhu Mittal (Querist) 20 September 2016
Respected Sir Dhingaji,
it is required by Sir Kumar Doabji,in following words:
"Pls post the reply of the agent and bank."

That is why I have posted above information.In addition to that, I have no other purpose.
Thanks with Regards,

Guest (Expert) 20 September 2016
May be of use to him.

Kumar Doab (Expert) 20 September 2016
It certainly of use to you, as well, including all readers.

Guest (Expert) 20 September 2016
At least for me, the latest revelation of the querist is of no use.

Kumar Doab (Expert) 20 September 2016
Author @ Ms. Madhu Mittal,

Obviously Bank agreed and asked agent to write to you.

It shall be so relieving to note by the readers of this thread that good sense can prevail and relief can be achieved.

Madhu Mittal (Querist) 26 October 2016
Respected Sirs,

https://www.dokmart.com/articles/transmission-of-securities

I came to know today itself that SEBI vide its circular no.

SEBI/HO/MIRSD3/CIR/P/2016/0000000085 DATED September 15 , 2016 has changed its guidelines according to law of land i.e now without Probate of Will, only on the basis of Will, securities can be transmitted as follows:

Annexure -A
Documentary requirement for securities held in physical mode

1. For securities held in single name with a nominee: …

2. For securities held in single name without a nominee, the following additional documents may be sought: ….
c) For value of securities more than `2,00,000 (Rupees Two lakh only) per issuer company as on the date of application:
Succession certificate or probate of will or will or letter of administration or court decree, as may be applicable in terms of Indian Succession Act, 1925.

Again Thanks a lot for the persons who started this forum.

Thanks a lot for all the Learned members of this forum in general and Mr Kumar Doab in special who cited the citations and encouraged me a lot, who took interest in my thread by giving their valuable time and knowledge.
Thanks again with respect. I hope cooperation in future also be given by the learned persons of this forum.

Rajendra K Goyal (Expert) 26 October 2016
You have right track, may proceed accordingly.

Kumar Doab (Expert) 26 October 2016
Thanks for posting.

I happy that I could exert and support you.

I am delighted with your success.

It is indeed more satisfying to note that the success that was fetched in your case has been incorporated by SEBI in rules, and now it shall fetch relief for fellow countrymen.

Kumar Doab (Expert) 06 November 2016
Ms Madhu Mittal,

Would you like to share your experience and inputs with another author that has been positing many threads, to help the family of his neighbor!

http://www.lawyersclubindia.com/experts/Registered-will-by-Muslim-widow-is-valid-for-mutation-entry--622261.asp

Madhu Mittal (Querist) 07 November 2016
Respected Sir,
I am not designated as expert, so I am not able to write any thing on referred expert column. In addition to this What I gather knowledge in my case is about Will of Hindu, the case you are referring is of Muslim one.
In addition to this, I have seen that the experts/members who are giving citations in their reply are being dissuaded directly or indirectly not to give citations, but still I request you and other experts/members who give citations to keep on guide needy with Citations, if you have/can, because it gives clear picture and the desired results can be got. So that the Proverb quoted by Sir Raj Kumar Makkarji in his about me thread "let justice be done though the heavens fall....." can be proved true in real sense.
Thanks with Regard,

Kumar Doab (Expert) 08 November 2016
Ms. Madhu Mittal,

The author has posted in Forum also at:

http://www.lawyersclubindia.com/forum/Registered-will-by-Muslim-widow-is-valid-for-mutations-143985.asp

Kumar Doab (Expert) 19 December 2016
The trademark ABUSE, TAMASHA, NUISANCE of P.S. DHINGRA has started in many other thread and to name a few:

http://www.lawyersclubindia.com/experts/Appointment-on-false-bio-data-626081.asp

http://www.lawyersclubindia.com/experts/Company-asking-me-to-resign-in-my-8th-month-of-pregnancy-626006.asp

http://www.lawyersclubindia.com/experts/Bmc-government-employee-contesting-election-what-is-the-consequences--626041.asp

The readers can enjoy and have heart full of laughs.

This is the only TAMASHA that Dhingra is left with to do in his leftover days.

Kumar Doab (Expert) 19 December 2016
Author/querist/Readers ::: YOU can also search in 'Search' option titled;

'Search Q & A' at middle of right hand side of this web page

and

also in search option titled 'Search Forum' on right hand side of bottom of web page in Forum section.

The Search results will also show:

--that Dhingra is blank and abuser not only in these fresh threads, but old threads as well.

--that querist/authors have been posting queries with message that : P.S.Dhingra will not post any reply to the query.

Guest (Expert) 20 December 2016
Mr. Doab,

YOUR UNWARRANTED THREE CRAZY POSTS AFTER EXPIRY OF FULL ONE MONTH OF THE LAST INFORMATION BY THE AUTHOR, MADHU MITTAL, WOULD DEFINITELY HAVE SURPRISED THE AUTHOR ABOUT YOUR CRAZE. That itself denotes that you have gone berserk on my pointing out your false advice to several querists in almost every case.

SO FAR AS MY POSTS ARE CONCERNED, AS YOU POINTED OUT IN THIS THREAD,Not abuse, tamasha or nuissance, but I have brought out hard facts about your multiple vague posts in the name of advice in almost every thread merely to show your presence unduly and unnecessarily in each of the threads.

Rather, by reproducing some links, you have exposed yourself only to be merely a fake expert and nothing else. EVEN WHEN YOU VENTURED TO URGE MR. R.K. NANDA AND RAJENDRA K GOYAL TO ENDORSE YOUR QUOTED IRRELEVANT CASE LAW ON THE THREAD "http://www.lawyersclubindia.com/experts/Bmc-government-employee-contesting-election-what-is-the-consequences--626041.asp", YOU UTTERLY FAILED TO GET THEIR SUPPORT EVEN AFTER TWO DAYS OF YOUR CRAVE, WHICH IN ITSELF PROVES THAT YOU POSTED A VERY IRRELEVANT CASE LAW OF: "Nirmal Verma vs Mcd And Anr."
https://indiankanoon.org/doc/1263927/ ". IN OTHER WORDS YOU TOTALLY MISLED THE AUTHOR OF THE QUESTION OF THAT THREAD.

DO YOU HAVE ANY EXPLANATION, WHY THEY HAVE NOT ACCEDED TO YOUR YEARNING SO FAR TO ENDORSE YOUR VAGUE AND IRRELEVANT CASE LAW? WHY DON'T YOU TRY TO GET THAT CASE LAW ENDORSED TO BE RELEVANT & CORRECT BY THEM EVEN NOW?

EVEN IN THIS VERY THREAD OF MADHU MITTAL, instead of any valid advice, you have asked other experts to give advice by requesting, "Experts are requested to moderate."

FURTHER, when you have asked Madhu Mittal and others, "Author/querist/Readers ::: YOU can also search in 'Search' option titled; ... 'Search Q & A' at middle of right hand side of this web page"
and
"also in search option titled 'Search Forum' on right hand side of bottom of web page in Forum section," DO YOU FEEL THAT THEY WOULD LIKE TO WASTE THEIR TIME AND ENERGY TO OBEY YOUR DIRECTION, AS IF YOU CONSIDER YOURSELF AS THEIR RINGMASTER.

The question arises, why don't you search and post whatever you find against me to make them aware of what you want to bring to their knowledge? Moreover, you are expert in copying and pasting others' advice. EVEN IN THOSE THREADS, YOU WILL FIND YOUR OWN VAGUE AND FAKE POSTS IN THE NAME OF ADVICE.

come on, do that.

Kumar Doab (Expert) 20 December 2016
Dhingra,

The threads at LCI are filled with your sickening comments.

Anyone that log on to your profile and goes thru threads mentioned under your profile ;Forum/Experts will come to know of your real being..............abuser.

You have been abusing in Forum/Experts sections ; querist/authors,members,experts and have been adamant and recalcitrant to he extent that that you will not beg APOLOGY,fell SORRY, post REGRET...............

Kumar Doab (Expert) 20 December 2016
Dhingra,

In this thread also you made NO Contribution, rather have been mocking the author; Ms.Madhu Mittal with your trademark arrogance and Badtamizi.

That is why you been appropriately called; Badtamiz Budha.You are sole, lone and and only one at LCI.

In this thread My Contribution is loudly visible.

You are unable to digest it.

The Search option is correctly pointed by YOU also since it will reveal your blank and hollow head.............Search with key words e.g;..............NOTICE PERIOD, COMPASSIONATE APPOINTMENT, TERMINATION,WILL, TRANSMISSION OF SHARES, INDEMNITY BOND ETC ETC ETC.................and your abuse of this Forum shall be on the screen.

In the threads that you call for................. the querist/authors have got their answers me, and relief that they wanted.

YOU ARE NOT A LAWYER.

YOU have been calling lawyers 'JHOLA CHAAP".

I am sure that You will not post the link to any thread that reveals your true picture and Badtamizi.

You have been shunned,shunted, ignored, asked to leave by one and all ::::::You have been calling everyone for support and NO one has supported, since everyone here want the abuse and abusers to leave:::::You are the sole and lone abuser.

You have run away from Forum section, rather you have been made to leave.

Your ID was blocked at LCI and you have been made to be out of LCI, still after tasting the corporate flavors, you are not reformed. You have declining to reform.

YOU have been openly posting at LCI for querist/authors to contact you by phone/emails ,seek appointment from you, and pay you your CONSULTATION FEE.

YOU are disturbed mind ::::that is why instead of begging apology:::you are littering further nuisance.

On the top of that you know nothing that can help anyone at LCI that is the forum for FREE advise.

Kumar Doab (Expert) 20 December 2016
Dhingra,

You are loudly visible as "Disturbed" man.

You made NO contribution in thin thread also and author/querist got relief, from my posts in this thread, since I exerted, to contribute and help.

WHILE KNEW NOTHING AND YOU MADE ALL WRONG ADVISES.

ON THE TOP OF THAT ONCE AGAIN YOU ARE CREATING YOUR TRADEMARK 'TAMASHA'.

NOW YOU WON'T AGREE THAT THIS WORD 'TAMASHA 'WAS ALSO INTRODUCED BY YOU AT LCI.

YOU SHOULD AGREE THAT YOU HAVE BEEN DOING TAMASHAA AT LCI FOR YEARS.

YOU MUST HAVE EARNED HUGE MONEY FROM UNSUSPECTING QUERISTS/AUTHORS AND SPEND SOME OF IT ON YOUR TREATMENT FROM PSYCHIATRIST, NEUROSURGEON.......

Kumar Doab (Expert) 20 December 2016
Dhingra,

You must show the printouts ( at your cost) of this thread also to your teachers ( if you had any) and your parents and family members ( God bless all of them) and your priest......................and post back what is their advise to you on your posts and contribution in this thread, also.

Invariably anyone and everyone will tell you to stop hallucinating, stop posting wrong advises, stop abusing, stop coercing, and get into the habit of begging apology in writing and end your torment.

Thereafter you may join school again and study from elementary classes.

Guest (Expert) 20 December 2016
Mr. Doab,

By the way, what your today's posts had concern with the present thread of the author concerning will?

Even your present 4 posts against my single post proves my contention that you appear on each thread merely to show multiplicity of your presence without any concern or advice to be rendered to the author.

It has proved beyond any doubt that you make merely plenty of hollow statements, where I actually prove your blankness of knowledge, irritation and frustration against each of your thoughtless posts, where you do not even realize that each of your post, with mere presumptions and vague ideas, exposes you more and more to prove yourself merely a laughing stock.

For example, your statement, "Your ID was blocked at LCI" is merely your hallucinating presumptive thought, as I am replying your post even now. On the other hand, you contradict your own presumption with your own statement, "YOU have been openly posting at LCI for querist/authors." Needless tyo emphasize, when I have been openly posting at LCI, where the question of blocking my ID arises? WHY DON'T YOU AGREE THAT YOU HAVE REALLY GONE BERSERK, WHEN YOU SAY SOMETHING AND CONTRADICT THE SAME IMMEDIATELY IN THAT VERY POST!

Further, from where the context of TEACHERS come in your last post, while I teach lessons to badtameez persons like you? When you say "badtmeez buddha" to me that itself gives inkling about your culture and the sense, how you would have been senselessly behaving with your own buddha father at your own home. You say me abusing, while your own posts very clearly demonstrate that only you are abusive.

ANYWAY, YOUR EARLIER 3 POSTS WITHOUT ANY CONTEXT AND 4 MORE POSTS AGAINST MY SINGLE POST VERY CLEARLY DEMONSTRATE YOUR IRRITATION, AND FRUSTRATION ON YOUR OWN EXPOSURE IN SEVERAL THREADS!

I can only show pity on your very deplorable state of mind.

Best of luck!

Kumar Doab (Expert) 20 December 2016
Dhingra,

>>> The concern that you have with this thread is that:

You posted wrong advise for the author/querist...................and you know nothing on the subject, still you coerced and mislead all of us and readers in your trademark intimidating style and with your despicable conduct and sickening comments. AND YOU HAVE NOT STOPPED IN THIS AS WELL AS OTHER THREADS.

While I resolved this thread and the regulator SEBI accepted to provide the relief to the author/querist and many other citizens.

>>> The concern that you have with this thread is that: NOT ONLY THIS THREAD YOU HAVE BEEN MISBEHAVING WITH AUTHORS/QUERISTS, FELLOW EXPERTS,MEMBERS AND EVEN ABUSING AUTHORS/QUERISTS IN OTHER THREADS.

THE LINK TO THE THREADS HAVE BEEN POSTED AND YOUR MEMORY REFRESHED MANY TIMES.

ON THE TOP OF THAT YOU ARE UNWILLING TO BEG APOLOGY,POST SORRY,REGRET................SINCE YEARS.

AS EXPECTED YOU HAVE NOT POSTED ANY LINK TO SUCH THREADS.

AS EXPECTED FROM YOUR ATTITUDE YOU HAVE RATHER BEEN CONTINUING WITH YOUR INDECOROUS, MANNER FOR YEARS................INSTEAD OF APOLOGIZING IN EACH THREAD.

>>> You are hallucinating that you have proved anyone wrong.

You have been proved wrong in each thread.

>>> IN this thread and any other thread I and other experts also have been providing precise, illustrated advise with rule position, enactments, citations, judgments..................

YOU, have been downloading and storing my illustrations in your computers................as per your habit is lying..............

>>> As expected you have not posted the links to threads that show that your ID was blocked and you created another ID to allure and attract unsuspecting querist/authors and extract your CONSULTATION FEE for your good for nothing advise.

As usual and as expected from you: this time also you have not posted the link to such threads.

LCI has been your bait.............to earn for......Roti, Namak,Tea ( Bread,salt.tea).

YOU have failed in other forums also e.g; CiteHR..................although you claimed that you have been rendering honorary services.

The fact is that you have been loitering any many forums just to allure and attract for your company to extract your FEES.

Moreover as clear from this thread also................since you are blank and hollow, have NO KNOWLEDGE of the subject, what good is your honorary or paid advise/consultation?

>>> AFTER YOU HAD NOT STOPPED STALKING ME AND OTHER MEMBERS/EXPERTS,AUTHORS/QUERISTS...............AND CONTINUED WITH YOUR ABUSE, NUISANCE, DESPICABLE CONDUCT, YOU WERE RIGHTLY BECAME 'BADTAMIZ BUDHA'.

AS EXPECTED YOU HAVE NOT POSTED TH LINK TO ANY SUCH THREAD SINCE IT WILL EXPOSE AND SHAME YOU FURTHER...................AND SHOW YOUR CULTURE AND DEEPLY IMPREGNATED HABIT OF ABUSE.

WE ARE NOT AWARE IF YOU INHERITED SUCH CULTURE AND HABIT. ALTHOUGH A CONFIRMED OPINION CAN BE MADE BY ANYONE THAT READS YOUR THREADS CAREFULLY.

THE LINK TO "OPTION TO SEARCH" AND SUGGESTION TO GO THRU YOUR PROFILE HAS ALREADY BEEN POSTED FOR THE READERS.

>>> HAD YOU INDEED VISITED YOUR TEACHERS (IF YOU HAD ANY) THEY MUST HAVE SCOLDED YOU AND ASKED YOU TO:::::

BEG APOLOGY.

MEND YOUR INDECOROUS AND DESPICABLE CONDUCT.

AGREE THAT YOU KNOW NOTHING AND IS A PRETENDER.

AGREE THAT YOU ARE NOT A LAWYER AND HAVE NO LEGAL KNOWLEDGE AND ARE A SHIRKER.

SIT IN ELEMENTARY CLASS AGAIN AND LEARN BASICS, FIRST, IN YOUR OLD AGE. AND ALSO THAT BY THE TIME YOU ARE OUT OF YOUR SCHOOL YOU MAY NOT BE ABLE TO POST AGAIN AT LCI AND ANY OTHER FORUM.

HAS ANY OF YOUR TEACHER { (IF YOU HAD ANY AND IF YOU HAVE SHOWN THE PRINTOUTS OF YOUR POSTS TO YOUR TEACHERS (AT YOUR COST)} STATED THAT YOUR POSTS AND ADVISES IN THIS THREAD AN OTHER THREADS (INCLUDING YOUR ABUSES) WAS RIGHT???

>>> ALL OF MY POSTS IN THREAD ARE PERFECTLY IN CONTEST, ARE CORRECT AND I HAVE CONTRIBUTED IN THIS AND OTHER THREADS AS WELL.

>>> IN FACT YOU ARE SOLE AND LONE AND ALONE PERSON AT LCI::::: THAT DESERVE PITY::::::NOT SYMPATHY.

THAT IS WHY YOU HAVE NOT BEEN SUPPORTED AT ALL IN FORUM AND EXPERTS SECTIONS........

IN FACT THE DETERMINED QUERIST/AUTHORS HAVE PUSHED AND VIRTUALLY SHOES YOU OUT OF FORUM SECTIONS.

IT IS EXPERTS SECTION THAT HAS AGED/CULTURED PERSON (OTHER THAN YOU) THAT IS WHY YOU IMPOSING HERE.

HERE ALSO YOU HAVE BEEN SHUNNED, SHUNTED.

YOU DO NOT WANT TO ACCEPT THE FACTS::::: THAT IS THE ONLY THING YOU ARE CONVEYING IN EACH OF YOUR POST, IN YOUR LEFTOVER DAYS.

YOUR STATE OF MIND IN YOUR OLD AGE IS DEPLORABLE AND TO BE PITIED UPON.

PRINT YOUR POSTS IN ALL THREADS (AT YOUR COST) AND SHOW TO MEDICAL BOARD CONSISTING OF QUALIFIED AND EXPERIENCED PSYCHIATRISTS, NEUROSURGEONS AND GET YOURSELF ADMITTED IN A MENTAL ASYLUM AND GET BY YOURSELF TREATED.................AND HOPEFULLY YOU WILL BE SAVED FROM YOUR TORMENT THAT IS DUE TO YOUR OWN PROBLEMS WITH YOUR PERSONA.

YOU CAN POST THE OPINION OF YOUR PSYCHIATRISTS, NEUROSURGEONS IN THIS THREAD ALSO.

NOW LEAVE.

Kumar Doab (Expert) 20 December 2016
For reasons that are obvious, you have posted in this thread and ignored others....................once again due to your own problems with your own persona.

Madhu Mittal (Querist) 20 December 2016
Respected learned members of LCI,

A querist/ victim comes here in the hope of unbiased opinion, even though one can take legal advice/opinion at his own place, but what the real/practical problem is
“ one can go to only one lawyer for his getting advice or work to be done” at his own place, if one goes to another, he requires case/file, and as all of us will be agree that no one is completely perfect, if one does not want to go for litigation only for litigation, one wants to go for concrete results , one requires the advise of more than one lawyer in addition lawyer to be engaged, it should not be considered that one has not faith in his lawyer, but it should be thought on the lines that everyone has limited knowledge. And at the worst, A querist/ victim does not have the capability to judge the ability of a lawyer to be engaged. Many a times, there is a difference on opinion of even experts of this forum, but after discussions, it is resolved at this forum also by learned experts themselves accepting the views of other experts. Many of times, even an expert changes his opinion when it is brought to his knowledge with humble request, so that no one can be misguided unintentionally that makes expert Genius, in my opinion.

So I request all not to link the advice given here with money, the unbiased advise given here invaluable, can not be judged/counted in money. If considered proper, an amount may be fixed for putting one’s question in the forum/expert column, but not to deprive anybody from unbiased advise from this forum which has about 365009 members.

Not only in this forum, but in society and everywhere also, there are all types of persons, some persons are there for their own benefits in the grab of honorary services, others are for justice. So let the work done by all according to their will. God may be prayed for giving wisdom to all for working for Justice. Take the examples of Some Doctors in Govt. Hospitals, some are there for doing best upto their knowledge/capacity/ability to everyone whether the poor or the rich satisfying themselves salary given to them by the Govt, some other doctors are there for not salary given to them by the Govt, but getting patients connection and thereafter to send them to their/ their known person’s private clinic/hospitals for reasons best known to them/all of us.

I have seen that the experts/members who are giving citations in their reply are being dissuaded directly or indirectly not to give citations, but still I request you and other experts/members who give citations to keep on guide needy with Citations, if you have/can, because it gives clear picture and the desired results can be got. So that the Proverb quoted by Sir Raj Kumar Makkarji in his about me thread "let justice be done though the heavens fall....." can be proved true in real sense.

Thanks a lot for the persons who started this forum for unbiased opinion, thinking that the more knowledge is shared, the more it will increase
With Regard,

Guest (Expert) 20 December 2016
Mr. Kumar Doab,

I enjoy your funny position, where you become the complainant, pretend the prosecutor as well as the judge of your own cause in the name of all the experts, while none of the experts have so far come to your rescue to refute my views about hollowness of your legal knowledge and your extremely wrong, irrelevant and vague advice, links and your quoted case laws, which I challenged.

Your problem is that you think as if your very very long multiple abusive posts can wash your dirty image for your wrong & vague type of advice to the querists. But pity, your image, which is drastically tarnished cannot be washed by any kind of your abusive posts.

NOW SPEND RESTLESS AND SLEEPLESS NIGHT TO THINK ABOUT WHICH TYPE OF MORE ABUSES YOU CAN HURL UPON ME, AS YOU HAVE ALREADY EXHAUSTED YOUR STOCK OF ABUSES, WHICH YOU HAVE BEEN MAKING REPEATEDLY.

Best of luck.

Kumar Doab (Expert) 21 December 2016
Dhingra,

YOU are obviously disturbed by the last post also of Ms. Madhu Mittal.

For years I have been gentle and respectful to you.

The respect is one commodity that is digestible to you.

YOU have advertised about you so much that anyone is now compelled to read about you in threads in both Forum/Experts section and do full postmortem of your posts and form a firm opinion and invariable it will be that ; YOU ARE A RISK, MANIAC, BLANK AND HOLLOW person loitering at LCI to fleece the unsuspecting queirst/authors.

I have resolved this thread also.

And my contribution has been fully appreciated.

You are the only one at LCI declaring challenges....................although you are defeated every time.

Rest of the experts, members are at LCI to contribute.

You are loitering at LCI to fleece the unsuspecting querist/authors........................threat,coerce,intimidate other visitors,members,experts.

It is loudly visible in your posts in threads in Forum/experts sections.

You have not been able to challenge successfully, anyone.

I have already provided the details to querists/authors in all threads and they can check with their sown counsels without PAYING ANY FEE TO YOU.

HAS ANY QUERIST COME BACK TO YOU?

YOU HAVE LOST ANOTHER SET of CLIENTS.

I HAVE BEEN THANKED, APPRECIATED, NUMBER OF TIMES AT LCI, MORE THAN YOU CAN COUNT.

I AM CONTINUING TO POST ILLUSTRATED RESPONSES FOR THE QUERIST/AUTHORS, AND EVERYONE IS THANKING AND APPRECIATING.

On the contrary it is you that has been been reprimanded, PITIED,SHAMED by all querist/authors, members, experts in unlimited number of thread in Forum/Experts section and have SHAMED you........

I am sure that you will not again quote reference of such threads..................and list is very very long.

YOU HAVE RUN AWAY FROM FORUM SECTION AT LCI.

You are the sole, lone, and alone person at LCI that should be in ..........." HALL OF SHAME"..........at LCI and in any other forum that you claim you are visiting to render your so claimed HONORARY SERVICES......................Fact is that you have been asking the querist/authors/members to seek appointment from you and pay your consultation fees.

You are at any forum be it LCI, CiteHR to allure the unsuspecting querist/authors and fleece them to extract your FEES.

You have lost your sleep. You are awake till VERY LATE IN THE NIGHT.I am sure that you will not agree to it also.

Take your own mercy at your own age and stage You may visit a sleep lab ( at your cost). AIIMS ( All India Institute of Medical Sciences) has it and many other Institutes have it. Register your actual income ( accounted/unaccounted) so that you are charged as per your actual income and you do not fleece them also at tax payers money.YOU will be admitted and defects in your sleep orchestra will be repaired, by specialists. Te you will be able to sleep. You must have earned enough to foot the (ACTUAL) bill of doctors and Institute.

THE MEDICAL BOARD OF DOCTORS WILL TELL YOU TO GIVE UP YOUR OLD HABIT OF MOCKING,PRANKING, STALKING, LOITERING, ABUSING,EXPLOITING,BLUFFING,LYING, BLACKMAILING ETC ETC .............SO THAT MEDICINES CAN HAVE POSITIVE EFFECT ON YOU.

JAB DOOKAN BAND HOTI HAI, TO AISA HOTA HAI. (IT HAPPENS WHEN THE SHOP/CONSULTANCY IS GETTING CLOSED AND THERE ARE NO CLIENTS).

I and other experts/querists/members have ignored, avoided, you..................but since you haven nothing else to do and nowhere else to go............................to pass your time..................you are back again...............of course to litter nuisance with your sickening, stenching comments.......................to convey to readers of the threads that you are out of your mind...............and refuse the treatment from a qualified Psychiatrist/Neurosurgeon in a mental asylum.

You may show the printout (AT YOUR COST) of your posts in all threads at LCI of years to your teachers (IF YOU HAD ANY) and post their written comments in all threads.

Invariably they will tell you that you are a GHASIARA ( GHAS KHODNEWALA-MAALI-GARDENER) and go back to such job ONLY...........................know nothing and sit in elementary classes in school and learn basics again in the fag end of your life.

MY POSTS ARE IN REPLY TO YOUR POSTS ONLY.

YOU HAVE BEEN ATTACKING ME IN UNLIMITED NUMBER OF THREADS DESPITE THE FACT THAT I HAVE BEEN AVOIDING AND IGNORING YOU.YOU HAVE ATTACKED ME IN 2ND POST IN THREADS AFTER 1ST POST BY QUERIST/AUTHOR ( Iam sure that you will not post the link to such thread also, in this thread) .

THAT IS YOUR OWN ADVERTISEMENT THAT YOU ARE A PSYCHOPATHIC MANIAC, LOITERING AT LCI AND IN YOUR OWN NEIGHBORHOOD.

YOU HAVE TRIED TO POLLUTE MANY EXPERTS AND HAVE NOT SPARED ANY ONE FROM YOUR ATTACKS.

YOU HAVE BEEN OPENLY PLEADING FOR SUPPORT IN THREADS SO THAT YOU CAN CONTINUE TO ABUSE AND CLAIM AND MENTION NAMES OF EXPERTS THAT SUPPORTED YOU.

FACT IS NO ONE IS SUPPORTING YOU.

YOU ARE A RISK.

WE CAN VIEW THE FATE AND PLIGHT OF ANYONE AROUND AN ABUSER INCLUDING YOUR FAMILY (GOD BLESS THEM).

SHAME AND PITY ON YOU.

NOW LEAVE.

Guest (Expert) 21 December 2016
Mr. Doab,

You are welcome again with your irritation, frustration and depression!

Your problem is that you presume too much at your own, but still you don't get any support from other experts against my views about you, irrespective of your vague and false justification about yourself and falseness of your advice, irrelevance of your case law links, etc.

For example, one querist asked for advice on FIR for some one's wrong qualification, but you gave advice and case law link about financial irregularity. THAT WAS REALLY A GOOD JOKE ON YOUR PART!

Although you pretended too much several times to ignore me, but I very well knew you won't be able to ignore me, and now see you have again come forward with extraordinarily long presumptive jokes with same long repetitions of your abuses for me. But still, I very well know, you won't be able to get your mental peace.

With reference to your statement, "YOU are obviously disturbed by the last post also of Ms. Madhu Mittal," by the way, what specific was there in Madhu Mittal's post that could disturb me?

Your statement, "JAB DOOKAN BAND HOTI HAI, TO AISA HOTA HAI. (IT HAPPENS WHEN THE SHOP/CONSULTANCY IS GETTING CLOSED AND THERE ARE NO CLIENTS)," reveals as if you have a good experience about your shop having been closed.

About your non-contextual statement, "I HAVE BEEN THANKED, APPRECIATED, NUMBER OF TIMES AT LCI, MORE THAN YOU CAN COUNT," you may continue to lick your thanks, but ultimately people understand that you simply misguide and confuse them and don't give any reliable advice.

And now your repeated cry, "NOW LEAVE", at the close of your post, again demonstrates your utmost irritation and frustration.

You should know a very simple thing that you cannot be the judge of your own cause, whatsoever long justification you try to give along with repeated abuses, only the readers can decide who has lost control of his mind and need treatment.

Anyway, best of luck!

Kumar Doab (Expert) 21 December 2016
Ms. Madhu Mittal,

When the query graduates to need of citations I post citations along with concerned rules position, enactments and illustrations...................like in your case.

Many querist/authors have been appreciating it and posting their satisfaction.

It prompts me to do even better.

Kumar Doab (Expert) 21 December 2016
Dhingra,

This has already been explained for your FAILED MIND that:

---I have exerted to support the querist/author in this thread Ms. Madhu Mittal and she has been benefited with my contribution and in turn she has worked on it and regulator SEBI has acted to benefit the fellow citizens facing similar situation.

Since you are blind due to jealousy and have lost another prospective client that you could fleece to extract your FEES, you are disturbed.

--- the querist/author has been provided with precise citation to get termination revoked from court per extent rules/laws /constitutional rights and they can go to their own very counsels at their own locations and their own counsels at their locations will advise them further.

The querist has not come back to me.

If needed I will do the needful for the querist/author..............and NOT FOR YOU.

My posts are not for you.

You are disturbed because your ABUSE and Your conduct and your greed has been exposed.

--- the querist/author has been provided with precise references to get termination revoked from court per extent rules/laws /constitutional rights and approach vigilance........

You have faked your profile with FAKE EXPERTISE in vigilance matters also.

Your profile smacks of a QUACK.

The querist has not come back to me.

If needed I will do the needful for the querist/author..............and NOT FOR YOU.

My posts are not for you.

As you have been cautioned and warned by many experts also many times that you are not a HEADMASTER appointed by LCI to comments in your trademark abusive and derogatory language.

LCI does not agree with your abuse.

YOU have COPYING AND STRING my illustrated posts and imitating to fleece the unsuspecting querists/authors.

You are a pretender and a risk.

Madhu Mittal (Querist) 21 December 2016
Respected Sir Kumar Doabji,

You have given not only the exact citation needed by me but also the thread where it was available, this not only saved my time or I can say that perhaps in spite of investing my time, I may not be able to reach that citation that was provided by you for the cause of justice, without taking any fees or whatever in any form except thanks and well wishes, I pray God that a person like you should live long so that the needy can be assisted in need with citations for the cause of justice. In this citation, at one place point no. 8 it is written: “He also invited our attention to the
observations made by the Supreme Court in the case of Ishwardeo Narain Singh v. Kamta Devi, AIR
1954 SC 280, wherein it was held that there is a fallacy still present in the minds of judges that a will
must either be registered or deposited with a District Registrar under the provisions of the Indian
Registration Act and it was further held categorically that to draw an adverse inference against a
will's genuineness because it is not registered, is not warranted by law.”

This strengths my belief further. In spite of indirectly some adverse comments to dissuade you not to guide, You not only support me by your guidance and law within your knowledge, but found citations more than one , and encouraged me by writing, “This is an interesting thread. Experts are requested to moderate. You may write to Chairman 'SEBI' and request to reply. You seem to be energetic and active and can put in some efforts. May I ask you to write to Chairman; SEBI, Governor;RBI that probate of WILL is not mandatory and it should be circulated to one and all! “

This encouraged me. And your attitude to guide for the cause of justice, encourage me to write to concerned authorities to get the guidelines amended, even after getting share transmitted for us, and the result is in front of all. If I say that this can not be done without your guidance, it is 100% correct.

Many a times, it is seen written in Expert column, no citation is provided here, it is very painful for me, Who made this rule, I think it is self made rule, if citation is given, that is within knowledge of any person, what the Harm will cause to any body, is beyond my understanding.

Please keep on guiding the needy for the cause of justice,
Thanks with Regard,

Madhu Mittal (Querist) 23 December 2016
Respected learned members of LCI,

In this case citation of Company Law Board
Mrs. Pushpa Vadera vs Thomas Cook (India) Ltd. on 28 April, 1995 was provided by the expert Sh. Kumar Doab and there was a success.

At another thread : http://www.lawyersclubindia.com/forum/details.asp?mod_id=143069&offset=1, no citation was provided by anyone, and the lawyer at our native place, that was engaged for the case, was also not able to find any citation and the result is our review petition was also dismissed.

That is why I request to all to provide citations, if any on that particular matter, and even if one requires reasonable charges, that can also be paid.
Thanks with Regard,

Guest (Expert) 23 December 2016
Mr. Kumar Doab,

What a funny joke you have made with your statement, "Your profile smacks of a QUACK," WHEREAS YOUR PROFILE VERY CLEARLY CAN CONVINCE ANYBODY, WHEN HE FINDS THAT YOUR PROFILE DOES NOT CONTAIN YOUR PICTURE AS WELL AS THE NAME OF THE PLACE TO WHICH YOU BELONG.

YOU SHOULD KNOW THAT ONLY QUACKS LIKE YOU REMAIN HIDDEN, as Your profile clearly denotes, as if that belongs to a cheater and thug, who remains hidden. I VERY MUCH DOUBT, IF YOU HAVE MADE YOUR PROFILE WITH YOUR FAKE IDENTITY, AS KUMAR DOAB.

Contrarily, I am quite open with my real name, picture and place to which I belong. ANYBODY CAN SEE EVERY SUCH PARTICULAR IS MISSING FROM YOUR PROFILE, FROM WHICH HE CAN IDENTIFY YOU AND YOUR PLACE.

Further, your statement, "You are a pretender and a risk" is also funny, as that can also not help you to escape from reality, as only you are the pretend to be an expert, while you know nothing about law. You only post what you find on search from internet and you even don't apply your mind whether that applies or not in the case of the querist. WHEREVER I HAVE POINTED OUT, I HAVE ALWAYS PROVED YOU TO BE WRONG IN YOUR ADVICE ON THE BASIS OF FACTS AND LEGAL PROVISIONS, WHILE YOU MAKE ONLY HOLLOW STATEMENTS.

MOREOVER, If you believe me to be a pretender, you would not have appreciated a pretender. Even if you think, I am a pretender, what was specific reason that you appreciated and agreed with my views, opinions and counseling, at different occasions, as follows. THAT ALSO PROVES, besides your dual policy, THAT YOU ARE TOTALLY AN UNRELIABLE PERSON FOR ANY ONE & EVERYONE, IF YOU APPRECIATE SERVICES OF A PRETENDER.

EXAMPLES OF YOUR OWN APPRECIATIONS FOR ME:

>> I am admirer of wisdom of Learned Senior Expert Shri P.S.Dhingra.

LINK: http://www.lawyersclubindia.com/experts/Transmission-of-shares-based-on-a--608246.asp

>> I fully concur with you. You have pointed out hard realities in such simple manner.

LINK: http://www.lawyersclubindia.com/experts/succession-legal-heirship-certificate--499151.asp

>> Mr. Dhingra has given wise advice. Kindly follow it

LINK: http://www.lawyersclubindia.com/experts/Break-in-service-451461.asp

>> Shri P.S.Dhingra ji, Sir, You deserve it. We are fortunate to have you around. … With Regards … KumarDoab

LINK: http://www.lawyersclubindia.com/experts/Break-in-service-451461.asp

>> Agreed with Expert Mr. P.S.Dhingra.

LINK: http://www.lawyersclubindia.com/experts/Signature-revenue-stamp-on-wages-payments-578036.asp

>> Fully agreed with wise advise of Shri P.S.Dhingra.

LINK: http://www.lawyersclubindia.com/experts/Overcharged-bill-for-the-contract-without-previous-intimation-559916.asp

>> You can benefit from the counsel of Expert Shri P.S.Dhingra.

LINK: http://www.lawyersclubindia.com/experts/Penalty-569591.asp

DON'T TRY TO MAKE YOURSELF A FOOL, AS YOU CAN'T DISAGREE ON THAT, EXCEPT TO REPENT REMEMBERING ALL THOSE OCCASIONS WHEN YOU APPRECIATED ME.

I DON'T PRETEND LIKE YOU, as I have given links of all those threads, which not only yourself, but also ANYBODY CAN VERIFY BY OPENING THOSE LINKS.

NOW, FOR THE SAKE OF HONESTY TOWARDS YOUR PROFESSION, COME FORWARD TO UPDATE YOUR PROFILE BY POSTING YOUR REAL IDENTITY, PICTURE AND THE NAME OF PLACE TO WHICH YOU BELONG, IF YOU ARE NOT A PRETENDER OR CHEATER.

Advocate. Arunagiri (Expert) 23 December 2016
Mr.Madhu Mittal,

In my point of view, the CLB can not entertain a petition of the legal heirs, for transmission of shares in their name. CLB can entertain a petition, only for the person who had already invested in the company.

The verdict passed vide Mrs. Pushpa Vadera vs Thomas Cook (India) Ltd. is not maintainable as per law (in my view).

Various high courts had insisted the legal heirs, to approach the civil court for a suitable direction based on the WILL, to get a direction to the company, to modify the name of the share register.

Guest (Expert) 23 December 2016
The Author should Excuse For my Next Post

Guest (Expert) 23 December 2016
Arunagiri The Legal clarification Sought in SC/ST thread is Still Pending from You

Kumar Doab (Expert) 24 December 2016
The bank must have forwarded the details with citations posted by author Ms. Madhu Mittal to its legal cell before acting against set protocol in line with guidelines from regulator.

Hence the transmission of shares to author.

Guest (Expert) 24 December 2016
Mr. Kumar Doab,

I have always been pointing out to you about your habit of presuming everything for and on behalf of others. The example is here, the author is actively participating in the thread, but still without any clarification by the author, you have presumed, "The bank must have forwarded the details with citations posted by author Ms. Madhu Mittal to its legal cell before acting against set protocol in line with guidelines from regulator."

I have also rightly stated that you participate in almost all threads just to make your multiple appearances without any cause, like in this example.

Question arises, Why do you poke your nose in to every thread when you don't know anything?

By the way, when you are closing your "dookan" at LCI with your fake ID, without your photo and your destination city?

Kumar Doab (Expert) 24 December 2016
Dhingra,

Wrong; YOU ARE WRONG AS USUAL IN THIS THREAD........... AS IN ANY THREAD...............ALL THESE YEARS.

I POST IN EVERY THREAD TO CONTRIBUTE AND RESOLVE AND I AM INTO THE HABIT OF PROVIDING HIGHLY ILLUSTRATED POST WITH CITATIONS, ATTACHMENTS, REFERENCES..............

( YOU SHALL NEVER BE REFERRED BY ME).

I HAVE NEVER POKED ANY ORGAN IN YOU OR ANYONE RELATED TO YOU...................LEAVE APART NOSE.

YOU ARE HELLBENT ON ABUSING ANOTHER THREAD, QUERIST, ANOTHER TIME..........

YOU HAVE NEVER BEEN ABLE TO CONTRIBUTE IN ANY THREAD..............AS IN THIS THREAD..............AND YOU ARE FAILING TO DISTRACT.

YES YOU HAVE BEEN POSTING YOUR TRADEMARK ABUSE AND PRETENSIONS IN ALL THREADS:::::::LIKE::::: I CHALLENGE::::: WITHOUT EVEN KNOWING THE SUBJECT..............AND HENCE FAILING AND FAILING FLAT...............EVERYTIME.

YOUR MULTIPLE APPEARANCES IN THIS THREAD ALSO IS WITHOUT ANY REASON, MEANING, USE, CONTRIBUTION.

It is rather you "DOKKAN " is closed despite so much of advertisement to seduce the querist/authors/members/experts.................and mislead by posting picture of A VERY OLD MAN ( BUDHA) AND APPEAR AND SAGE , SAINT................BUT IN FACT THE MOST ABUSIVE, GOOD FOR NOTHING ,USELESS, PRETENDER,....................EVER AT LCI AND ANY OTHER FORUM THAT YOU LOITER, STALK. ....... e.g; CiteHR.......................or anything else that you claim for honorary service...................but actually to fleece the unsuspecting querist/authors/members/experts.................

Guest (Expert) 27 December 2016
Mr. Kumar Doab,

Any of your explanation has no relevance if you do not come with your real name/ID, photo and destination place.

All that gives a very clear hint that you are trying to hide yourself due to some criminal background, so that you may not be caught hold by police after going through your LCI profile. EVEN ON SEVERAL REQUESTS, WHY YOU HAVE SO FAR FAILED TO POST YOUR VALID CREDENTIALS?

With all your sincerity towards the members of LCI, YOU MUST POST YOUR REAL NAME, PHOTO AND THE CITY OF YOUR LOCATION.

Kumar Doab (Expert) 27 December 2016
Dhingra,

You are daydreaming.

You are desperate and have lost full control on your senses and are hallucinating.

You are neither Headmaster as pointed out to you by many querist/authors/members/experts, nor owner not administrator............Nothing.

You are just one individual loitering at LCI.

Your indecorous conduct, attacks , abuse is pointed in various threads.

Anyone that objects to your abuse and attacks becomes in your own imagination anything:::: 'Language Editor' etc etc etc and everything else...................that you imagine........................

Get yourself ASAP to a doctor, and have your medicines in time.

Guest (Expert) 27 December 2016
Mr. Kumar Doab,

YOU MUST POST YOUR REAL NAME, PHOTO AND THE CITY OF YOUR LOCATION IN YOUR PROFILR AT THE LCI.

Are you avoiding that due to the fear to be identified for some of your criminal record?

Kumar Doab (Expert) 27 December 2016
Dhingra,

In what capacity you are asking?

You have a criminal record?

You are disturbed in this thread also since the another author Ms. Madhu Mittal also also shown you the mirror for your true image .

You have been willfully running away from admitting your continued nuisance own abuses, attacks, indecorous conduct at both Form/experts sections............

Your memory has been refreshed endless number of times for your abuses, indecorous,intolerable conduct and also attacks on me and querist/authors/members/experts...............in forum/experts sections...............and you have been instructed and prohibited endless number of times for making any post about me and my posts...................

You have tried your level best to lie and distract and confuse querist/authors/members/experts/readers/visitors of lCI and admin/owners of LCI and everyone else that are concerned but have miserable failed....................

In concurrence to your wishes your stands refreshed once again:::::::one thread at:::

http://www.lawyersclubindia.com/experts/Problem-with-real-estate-builder-622761.asp

Kumar Doab (Expert) 27 December 2016
Dhingra,

NOW LEAVE AND DON'T COME BACK.

Guest (Expert) 29 December 2016
Mr. Kumar Doab,

What is the use of asking me, "In what capacity you are asking? ... You have a criminal record?"

You have tried to give vague diversion to my statement by adding the sentence, "You have a criminal record?" with line breaks in your post, just to dupe readers, as if you have pointed out that for me.

BUT MIND IT, YOUR GIMMICS WON'T BE HELPFUL TO PROVE YOURSELF AND SINCERE, HONEST AND TRUTHFUL.

If your eyesight is perfect, you should re-read my views, where I have stated, "Any of your explanation has no relevance if you do not come with your real name/ID, photo and destination place." ... "All that gives a very clear hint that you are trying to hide yourself due to some criminal background." and "Are you avoiding that due to the fear to be identified for some of your criminal record?"

Better interpret them properly.

Your dubious statements, in themselves, create doubt, as if you may be having some criminal record on account of which you are not posting your real identity and photo, etc. in your LCI profile.

In several thread, you have been found crying, "NOW LEAVE and don't come back." Even now in your latest post, you have yelled, "Dhingra, NOW LEAVE AND DON'T COME BACK".

But still you don't abstain from making dubious statements, including using abusive language for me.

YOU SHOULD HAVE UNDERSTOOD WELL THAT my only requirement is that you should be transparent, honest and sincere towards the querists as well as the experts. So, in the wider interests, I have asked you to update your LCI profile with your real identity.

But, since you have flatly refused to prove your credentials so far even on asking for several times, NOW MY CONDITIONS TO LEAVE YOU ARE AS FOLLOWS:

1) post your real name, photo and destination place for the purpose of transparency;

2) Shun your cheating habit and don't try to mislead and misguide the authors, who are already facing some problem to make their problems more complicated, as of your very bad habit by loading with a voluminous junk of google researched irrelevant material without your specific advice, which you call your illustrated replies; and

3) MUST beg pardon of me for profusely abusing me in several thread.

Otherwise, don't expect me to leave you even in your dreams.

Kumar Doab (Expert) 05 February 2017
DhingraXXXXXXXXXX Dangar,

http://shabdkosh.raftaar.in/Meaning-of-DANGAR-in-Hindi

At the cost of repeating:

You have been threatening and abusing at LCI for years.

YOU were virtually manhandled by querists and authors and every time due to the nearly 80 years old man’s picture that you show many of the experts ( as per feeling of their companionship also) rushed to defend you.

However you have not given up your habit to threat and abuse at LCI, be it, querists and authors or even admin of LCI/members/experts.

Although you have threatened me to terrorize me to that extent that you will come in my dreams, I have been and will be opposing your illegal and criminal ways and acts. You can keep on nurturing your hidden desire to harm me and even murder and try to pollute and poison the mind of as many gullible and unsuspecting querists/ authors/members/experts.

Your condition has worsened in last 8-10 months and you must admit that you did not know the legal position and were blank and unnecessarily abused in this thread.

You can not make any demands from anyone, leave apart me.

Hope you know what is : Maa ki Manoti!

Hope you know what is : Baap ki Bapoti!

Kumar Doab (Expert) 05 February 2017
DhingraXXXXXXXXXX Dangar,

At the cost of repeating:

Your memory refreshed in many threads :

YOU CAN NOT DEMAND ANYTHING.

YOU ARE NO ONE AND NO BODY TO ASK ANY QUESTIONS LEAVE APART ASKING FOR ANY CLARIFICATION.

YOU COULD HAVE SUBMITTED YOUR APPLICATIONS SEEKING MY PERMISSION BUT IT HAS BEEN DULY CONVEYED TO YOU THAT YOUR APPLICATIONS AND APPEALS HAVE BEEN REJECTED.

YOUR RELATIONSHIP AT LCI IS NO MORE THAN THIS.

IN YOUR HALLUCINATIONS YOU MIGHT HAVE SEEN YOURSELF AS SOME TRIBAL CHIEF IN SOME TRIBAL LANDS OF PAKISTAAN, AFGANISTAAN, JHANG, MULTAAN ETC ETC………..OR SOME BAABA ( SELF PROCLAIMED GOD/GOD' OWN VOICE) AT SOME MAJAAR ( GRAVE-kABR ETC )ETC ETC ?

WE HAVE NO BUSINESS TO DEAL WITH YOUR HALLUCINATIONS.

YOU WERE INSTRUCTED BY ME AND PROHIBITED NOT TO MAKE ANY COMMENT ON ME AND MY POSTS.

THE MATER ENDED WITH 1ST INSTRUCTION.
YOU WERE ALSO INSTRUCTED TO GET THESE DRILLED AND NAILED IN YOUR HOLLOW HEAD.

YOU HAVE BEEN LITTERING NUISANCE AND ABUSE FOR YEARS AT LCI, OUR CONDITION HAS WORSENED IN LAST 8-10 MONTHS WITHOUT ANY FEELING OF REGRET, REMORSE, APOLOGY, AND YOU HAVE BEN ARROGANTLY,SHAMELESSLY SHOWING THAT YOU WANT TO WORSEN AND DECAY FURTHER TILL YOU ARE BREATHING IN THIS MORTAL WORLD AND ARE NOT LOWERED IN YOUR GRAVE.

YOU ARE LIBERTY TO SICKEN AND DECAY FURTHER IN YOUR PRIVATE HOLE AND FIEFDOM BUT NOT AT LCI.

NEITHER ARE YOU A LAWYER NOR YOUR FIRM THAT YOU ADVERTISE AT LCI IS A LAW FIRM.

LITTER SOME-WHERE ELSE.

WE ARE DOING EXTREMELY SATISFACTORY JOB OF RESOLVING QUERIES AT LCI.

Now shut up and don't come back and leave permanently. DAFFA HO JAA.

Guest (Expert) 05 February 2017
Mr. Dooba,

You are welcome again with your irritation and frustration after you have woken up from a long sleep of about one month.

As about your allegations, you are openly abusing me, but telling me that I have been threatening and abusing at LCI for years. You have also threatened openly take me to task at another thread.

The irony is, I come with facts to falsify your false allegations, but instead of clarifying your stand, you come forward with your abuses for me. SO, ABOUT YOUR STATEMENT, "Your condition has worsened in last 8-10 months," ANY SANE PERSON CAN VERY WELL JUDGE WHOSE CONDITION HAS WORSENED, MINE OR YOURS!

Also about your other statement, "we are doing extremely satisfactory job of resolving queries at LCI," YOU MUST HAVE LEARNED, SELF PRAISE IS NO RECOMMENDATION. Since nobody pointed out about your quack advice, you should not get flattened. I CAN BET THAT OUT OF ALL OF YOUR SOLUTIONS I CAN PROVE MOST OF THEM QUITE WRONG, VAGUE, DISTRACTING AND MISLEADING.

What was wrong if I asked you to be transparent, honest and sincere towards the querists as well as the experts? But, instead of coming forward with your real identity, you just start hurling abuses on me.

By the way, WHY YOU ARE AFRAID OF POSTING YOUR REAL NAME, PHOTO AND LOCATION ON YOUR PROFILE AT LCI?

Kumar Doab (Expert) 05 February 2017
Dangar.....Dhingra,

At the cost of repeating:

Your memory refreshed in many threads:
YOU CAN NOT DEMAND ANYTHING.

On the contrary:::: It is your frustration and your irritation and it is for last many years, and it is you that has been abusing for last many years, and if someone avoids/ignores to retaliate it emboldens you (as per your sickening habit) and this has aggravated since last 8-10 months.

You have willfully taken you to the incurable limits. Your conduct is despicable.

You have been getting loud slaps due to your own despicable conduct.

It is loudly visible in all threads place by admin of lCI in threads under your profile.

You knew nothing and you have as usual failed in this thread also to make any contribution leave apart checking anyone or anything.

Your approach in this thread was also only to litter nuisance and abuse, and created your trademark nuisance; TAMASHA (YOUR OWN FOND WORD) and abuse in this thread also.
YOU CAN NOT DEMAND ANYTHING.

Now shut up and don't come back and leave permanently. DAFFA HO JAA.

Guest (Expert) 05 February 2017
Mr. Dooba,

Your latest response makes very clear that you don't want to be transparent, honest and sincere towards the querists as well as the experts?

It is not my demand that you post your real name, photo, and location, but very soon that would be the demand of general membership as a whole and you will not find a place to hide your face for more time to come.

By the way, WHY YOU ARE AFRAID OF POSTING YOUR REAL NAME, PHOTO AND LOCATION ON YOUR PROFILE AT LCI?

Kumar Doab (Expert) 05 February 2017
Dangar.....Dhingra,

At the cost of repeating:

Your memory refreshed in many threads:
YOU CAN NOT DEMAND ANYTHING.

I have been honest, sincere, transparent, committed to LCI, querist/authors/, members, experts from beginning.

The facts are placed under my profile.

Your last post also confirms one and only thing that: you are disturbed and frustrated and confused as ever, and running away from facts of your own abuse.
Your old ID has been closed.

The abuse and nuisance littered by you remain under your old ID also.

You have been abusing and abusing as a habitual offender.

The abuse nuisance littered by you remains under your new ID also.

You cannot run away from your effect of your own abuse.

By the away who drowned ( Dooba) today from your clan ( Tabbar)?

Whom your drowning today ( Dobaana hai) from yur clan?

How many timed you have tried to drown ( Doobne) today?

Now shut up and don't come back and leave permanently. DAFFA HO JAA.

Guest (Expert) 05 February 2017
Mr. Dooba,

You are welcome again with your irritation & frustration.

Who asked you to bear the cost of repeating? Why trying to repeat your abuses every time instead of coming forward with the reason for not posting your real name, photo and location and why duping people for the last 7 years with your fake identity in the name of an expert?

By the way, WHY YOU ARE AFRAID OF POSTING YOUR REAL NAME, PHOTO AND LOCATION ON YOUR PROFILE AT LCI?

Kumar Doab (Expert) 05 February 2017
Dangar.....Dhingra,

At the cost of repeating:

Your memory refreshed in many threads:
YOU CAN NOT DEMAND ANYTHING.

Since you are repeating you are getting a befitting reply.

Your one and ONLY ability that can be questioned and is loudly visible in all threads placed under your old and new profile is that: “ YOU can stalk and loiter like a hardened criminal”

Your are a habitual offender and abuser and a liar…………………….and it is also loudly visible in all threads placed under your old and new profile.

I have been honest, sincere, transparent, committed to LCI, querist/authors/, members, experts from beginning.

The facts are placed under my profile.

Your last post also confirms one and only thing that: you are disturbed and frustrated and confused as ever, and running away from facts of your own abuse.

Your old ID has been closed.

Your abuses, nuisance have been exposed time and again.

The LCI admin has to rather awake and rise to block your new ID also.

Since lCI has been your bait to allure unsuspecting querists, you can’t think of leaving it, and living without it.
NO other forum will accept you.

So keep on crying ( Cheekh).

Since you are a stalker and habitual offender so you won’t stop stalking till you are not lowered in your grace.

Now shut up and don't come back and leave permanently. DAFFA HO JAA.

Kumar Doab (Expert) 05 February 2017
Besharam, Badtamiz, Dangar.....Dhingra,

As usual today also you have not made any contribution to LCI.

other than your trademark::: Attacks, threats, nuisance, abusing, stalking, loitering...........

You have nothing else to do?

Isn't it the familiar post...................fro you by many of the querist/authors/members/experts?

It is sure that you won't admit and regret, today also?

Close down your firm that you advertise and restrict yourself to your private hole and fiefdom, and decay there.

Now shut up and don't come back and leave permanently. DAFFA HO JAA.

Kumar Doab (Expert) 05 February 2017
Besharam, Badtamiz, Dangar.....Dhingra,

Still glued to your computer?

Want to post again and waste your time and resources of time of others, with your repeated attacks, abuses, nuisance?

Now shut up and don't come back and leave permanently. DAFFA HO JAA.

Guest (Expert) 05 February 2017
Mr. Dooba,

You are welcome again with your irritation & frustration.

Who asked you to bear the cost of repeating? Why trying to repeat your abuses every time instead of coming forward with the reason for not posting your real name, photo and location and why duping people for the last 7 years with your fake identity in the name of an expert?

By the way, WHY YOU ARE AFRAID OF POSTING YOUR REAL NAME, PHOTO AND LOCATION ON YOUR PROFILE AT LCI?

Now, I can only wish you the best to help you spend sleepless night to invent some more abuses for me.

Kumar Doab (Expert) 05 February 2017
Poora Saara Dooba ( P S Dhingra)

(Poora Saara Dooba::: Fullly, Wholly Drowned)

You are neither welcome not invited nor called to post your irritation and frustration, in this thread also.

You are fully unsuccessful in this thread also.

You are fully frustrated in this thread also.

You are fully irritated in this thread also.

You are neither Lawyer, nor your firm that you desperately advertise at LCI is a law firm.

You are instead a liar, and you have lied in this thread also.

No one has abused you.

You have been attacking and abusing and littering fro many years at LCI and your condition has worsened in last 8-10 months.

You have never admitted and I am sure you will not admit in this thread also.
Your trademark slogan is ‘Old habit die Hard’ and you have proved it, today, also.
Your observation has neither been invited nor been solicited nor been appreciated as usual.

Your sole purpose was to intercept and litter nuisance in another thread today.
There is no confusion no misleading in any of the thread; be it this one or the other one.

It is height of your falsehood and you are standing volte faced:::::: as per your own trademark habit::: that you have been calling fellow experts TOUT ( Dallal-Dalla)::: Whereas you were reminded it is you that is claiming to be some Chief Lawyer and TOUT (Dallal-Dalla)) for your firm that you desperately advertise at LCI.
So it is you that has been abusing, and attacking and now are getting befitting response.

Your posts in this thread are also nothing but your trademark Dilatory Tactics, Tamashaa ( your own fond word), to sidetrack and distract.

You cannot demand anything from anyone.
It has been pointed out endless number of times.

For your trademark statement; I have proved:::: At least in this thread also you have not proved anything.

You have earned enough from unsuspecting querist/authors at LCI.

There is NO change in my impression posted in this thread, on query , my post and also about you..

Take your Joota Tablets, Joota Injectgions, Joota tranquilizers, and post tomorrow again that you are unable to sleep.

The readers of your post that laugh daily with us share your language and roots and your die hard nature ( Fitrat) of deserter ..............

.............from Paakistaan, Paakistaani: Jhaangi and they provide words ( of your own language).

We as usual are fit, healthy and enjoy our food, exercise, company of friends and family and lots........................ and lots and lots of thanks and appreciations DAILY at LCI.

Remember there is NO other Forum that will ever accept you....................including the forums started by Ex. LCI experts.

Remember there is NO law college that will accept you..............as you have only nuisance and abuse to teach.

Remember there is NO lawyer that will keep you even a s Clerk ( Munshi). Don't forget to attach printout of this thread with your application.

Now leave permanently and and don't come back. Daffa Ho Jaa.

Transmission of shares without probate of will

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