Anand Poply (Lawyer) 07 December 2010
hello every body,
one of my friend wants succession certificate as he wants to transmit his father's shares of a company in his name,
so will it attract stamp duty under bombay stamp act as it is transmission of shares,some of the advocates are of the view that duty will be attracted but on internet i have found that no duty is leviable on transmission of shares
and also tell what is the procedure to obtain that certificate i.e. where to apply, what to do??
Adv Archana Deshmukh (Practicing Advocate) 07 December 2010
For obtaining succession certificate you'll have to file an application for the same in the civil court.
Amit Minocha (Lawyer) 10 January 2011
apply for a succession certificate to the respective Admn. Civil Judge
Amit Gupta (Advocate) 10 January 2011
no.....
u have to apply to the disstict judge only....
under family courts act the Disstict judge has got the power to hear the succession matters.
and for obtaing the certifiate a fix court fees is payble in court... and is varies from state to state.
though the stamp duty at the time of transffer of shares or securities is a different aspect. and the duty is not payable as its not a transffer under transffer of property act.
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