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DEshik   31 August 2021

Right of heir in joint demat ac - no nomination no will

Dear Experts,

My father and his brother ( A & B) hold a joint Demat account in which shares worth Rs. 15 lakhs is held. My Father ( A) died without a NOMINATION, without a  WILL. I am the only child of my father. ( Son of A) .

Now my uncle (B) is not willing to give me half the share of the shares held in the demat account, saying that I am not entitled to shares in the joint demat account of my father. He is saying "He is not legally bound to give any holdings to the the legal heirs of the expired joint holder", and his stand is "Upon death of a joint holder in a Demat account, the whole holdings in the joint Demat account becomes the sole property of the surviving holder in the Demat account"

Please advise me can I  claim half of the shares held in the demat account please ?

 Respected experts, please advise me am I not entitled to the half the shares held in the demat account?  

My humble thanks



Learning

 1 Replies

Anusha Singh   19 October 2021

As per your query it is understood that you need information about the demat account.

Transmission is the process of transferring the assets held by an individual to their legal heirs in the event of their death. The treatment of different securities such as shares, bonds and debentures, units of mutual funds and others in a demat account will depend upon how the account was held. If the account was held jointly, i.e., if the deceased account holder was one of the holders and there were other joint holder(s) in the account, then the securities are transmitted to the name of the joint holder(s) in the same order.

For example, if a demat account is held in the name of A, B and C, and A expires; the transmission will be done to B and C with B as the first holder and C as the second holder. To execute this, the surviving joint holder(s) should submit a transmission request form duly filled up and supported by a notarised or attested copy of the death certificate and client master report of the demat account held in the name of surviving holders issued by the depository that identifies the demat account holders and provides information such as the form of holding, bank account, nominations, and so on.

Hope it helps!

 

Regards,

Anusha Singh


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