would like to explain the situation in pure facts and very briefly
--- there is a demat account in the name of of A B and C
A is mother B is son & C is daughter in law
--- B that is the son had severe mental problems due to lot of ailments including stroke and encephalitis.
and for dematerialisation shares that were in the pattern A B C he actually opened the demat account in the name of the three A B & C after the demise of A . should not be done and that is not the correct procedure he should have declared A deceased and carried out the correct procedure. but due to mental hallucinations and other things he opened this account with A's signature after A had deceased
---the demat company at its end did not verify that A a is alive or deceased and took documents and opened the account
in the name of the three A B & C after the demise of A
--- after sometime attempt was made to to transmit all securities declaring A deceased from demat account A,B, C to demat account B C by C
at that time this was discovered &
managers came to meet B & C & they could see that a/c holder B was not properly oriented mentally and physically
---C was not even aware about all this & at that time when death certificate of A was provided - they were not able to close account belonging to A,B,C
since the demise date of A was long before account was opened
--- later on account holder B passed away
right now only account holder C is there
---on recommendation of manager we spent a fortune amount to get succession certificate ( High court ) with name of B
- transfer the assets of B in the name C
--- after giving proper sucession as they had earlier asked us to , refused to accept succession from high court & say succession should have the name of A also
or alternatively they are asking us to get some kind of court document that says that all assets of A and B should be transmitted in C given the act of omission by B
-met the manager several times with all medical reports and certificates but they refused to consider our point of view & keep insisting that what account holder B did was an act of omission
here are my questions
- succession certificate is ready and the case thereof disposed. can we we appeal to High court and get it modified instead of spending another huge amount of fortune because highcourt wants
5 % value of assets or ₹70k ' fee ' for giving succession
we want to modify the same succession certificate and have the name of A included is that possible
-alternatively can we present these facts to any suitable court ( which court ? ) and get a clarification that
although account holder B engaged in wrong procedure had he done it the right way the outcome would be the same that is the assets would not go to any other third party if any different procedure was followed
and therefore there is no other fraudulent angle to this except that the wrong procedure was followed
we are not inclined to take the demat company to court but we just want to see if through some procedure like a writ petition we can ask clarification from the court and court will give us something in writing which we can then present to the demat company
---alternatively can we ask SEBI for clarifying & present that to demat company