fradulent transfer of shares

Querist : Anonymous (Querist) 19 February 2010 This query is : Resolved
This is to inform you that I have lost/misplaced 200 shares of a company in 1996 and the same has been intimated to the company, but the company effected transfer of 100 fardulently on the basis of forged signed documents and avoiding to issue duplicate shares against another 100 shares, Pls advice me what is to be done and which is the right forum and the section under which I got relief.
Thanks/Pchatterjee

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Parveen Kr. Aggarwal (Expert) 19 February 2010
When were the shares transferred by the company on the basis of forged signatures in favour of some other person?

When and how did you come to know about such fraudulent transfer?

What is the latest communcation between you and the company?

Raj Kumar Makkad (Expert) 19 February 2010
Apart from replying the relevant questions raised by parveen, you shall have also to reply when did you sent rest of the 100 shares for transfer in your name and when already those 200 are in your name then why are you seeking again to transfer in your name?

So far transfer of 100 shares fradulantly in the name of some other person on the basis of forged signature is concerned, you can lodge complaint with Security Exchange Board of India aas well as company Law Board with complete details. A simple complaint shall suffice but one thing you shall also to answer why did you not brought in the knowledge of the company about loss of those share certificates till the lapse of 14 years?
You might have been getting regularly bonus etc. from that company but you never bothered for the original share certificates.....This is major lapse on you part so do what can you do now.

adv. rajeev ( rajoo ) (Expert) 20 February 2010
Ist send a notice to the co., and the person who got transferred the shares. Instruct the company to cancel the transfer and issue the new share certificate in your name, if they failed then file a suit for declaration and injunction against the company and person

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