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aruna (housewife)     01 October 2012

Need help

My father Expired in a train accident mishap of valigonda in 2005.

HE has few shares in OBC bank demat account and he has not put anyone as nominee.

WE have been  misled by many in bank & the docs weere sent to ndsl mumbai and returned.

Bank ultimately said they need a succession certificate.we then put it to civil court and now the judge has given a certificate that the legal heirs are my mother & all the 3 son & daughters.

1. My mother has a demat account opened , with no shares in it and paying service charge for last 6 years and waiting the transfer of my dad's held shares.

What else is needed to be submitted along with the succession certificate so that she gets the shares into her account

All 3 children , do nto want to have any share.

2. The original death certificate has been submitted to the court , which we need it back as we have only one original & it may be needed.

How can we get that ? is there any process to get more original copies.

We already spent lot of money , as we were misled & my mother has no income as pension or otherwise.

Please advice.







 6 Replies

Arvind Singh Chauhan (advocate)     01 October 2012

all other legal heir may create relinqueshment deed regarding these shares or may give power of attorney to mother to deal with concerned shares of father. Send these papers with succession certificate to bank.


You may file application to court to return all original papers which you have filed.

1 Like

aruna (housewife)     01 October 2012

Thanks a lot Sir. 

Regarding the reliquishment deed , is this to be got from court , or any advocate or lawyer can do it .

The bank is not cooperating in this issue , they do not tell properly what is needed.


Thanks a lot once again

Adv Rohit Dalmia 9324538481 (Lawyer)     01 October 2012

Dear Aruna,


you need to make an application before the court asking for the original death certificate.


further, you need to submit the photo copy of the succession certificate, death certificate and a relinquish of rights of all the childrens in favour of their mother.


Kindly do this and bank shall transfer the share in your mothers demat account. Hope your mother must have made a nominee in her demat account.



Advocate Rohit Dalmia



P.K.Haridasan (Advocate)     02 October 2012

Normally demat accounts are difficult to accommodate jointly held shares. It is better to make an agreement signed by all members giving their consent and signatures attested. to allow to keep it in the name of your mother. Please write to the Bank to permit to do so. 

1 Like

aruna (housewife)     02 October 2012

Thanks sir. This agreement by the children is to be made by a lawyer or who?

The problem here is the OBC bank is acting very wierd , answering " we do not know " " we have to find out"


the lawyer we hired is also not approachable , he acts very strict. He is paid his fee in full already additionally he charged 6% of the value of shares to the court.


All this made me come to this forum & at least I am happy that some responses pout in as respite

Girish (no)     02 October 2012

Dear sir,

i am living in khyber pass from last five year.this land  has Military land there so many people and his family living here from many year.

but two people have trouble us and tease us again While it is not their land.I am very disturbed by the trouble and facing a Encephalic Harassment .

Please suggest me what should i do .

Thanks & Regards





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