Ab initio issue of succession certificate
Venkat Iyer
(Querist) 24 July 2015
This query is : Resolved
Dear Sir,
The Succession Certificate was applied in 2013 & received in 2014 by the legal heir.The application was filed in the name of Holder 1 who died in 2010 as deceased person.Thru inadvertance the name of the Holder 2 who died in 2011 a year later was not incorporated.Company "A" have rejected the claim for Transmission & has requested the legal heir to incorporate the Holder 2's name as the Holder 2 died after Holder 1, as they state that the Succession certificate is faulty.However,inview of the time lag in the court & the procedure being a cumbersome one is it a viable solution to approach the court to incorporate the name.20 other companies have transmitted the shares in the legal heir's name without any impedement.
I have argued that, since both being my parents have expired the certificate may be accepted.
Alternatively,can the company "A" waive & condone the incorporation of missed names & process the Transmission of Shares based on relevant section or any judgement of any Court.
Pl advice & guide the course of action for necessary reliefs.
Chanchal Nag Chowdhury
(Expert) 24 July 2015
Get a heirship certificate from a 1st. class Gazetted officer & file again alongwith the earlier docs.
P. Venu
(Expert) 25 July 2015
Your profile suggests that you are posting queries piecemeal with selected information.
Rajendra K Goyal
(Expert) 25 July 2015
The succession certificate need to be amended accordingly or explore the possibility of submitting alternate documents (Affidavit, legal heir certificate, indemnity bond, surety etc.) if company is ready to accept.
H.M.Patnaik
(Expert) 25 July 2015
Very well advised by Mr. R.K.Goyal.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 29 July 2015
If matyer is in court, bring Chamber Summon to add the 2nd name n proceed with the matter
T. Kalaiselvan, Advocate
(Expert) 01 August 2015
The legal heirship certificate issued by the revenue department for the subsequent deceased shall make an effective way to the claim with the company, why dont you try and indicate that you are ready to indemnify the company for any losses that may occur in future in this regard.
Venkat Iyer
(Querist) 03 August 2015
Dear Adv.T.Kalaiselvan,
Thanks for the advice.
Regards,
Venkat Iyer
(Querist) 03 August 2015
Dear Adv.T.kalaiselvan,
I would appreciate if you could advice me per a draft letter to indemnify the company for any losses that may occur in future in this regard.
Regards,
Ravi Venkit
