Amendment to succession certificate
I had obtained succession certificate in1990 for 298 shares held by my mother at the time of her death in 1977.Meanwhile,the company issued bonus shares(463 shares) in 1982 and 1986 increasing the total holding to 761 shares.We were not aware of the bonus issues as we had migrated.Only when I took up for transfer I came to know of the bonus shares .The company asked me to produce an amended certificate.There were protracted correspondence.
In 2004,there was a demerger and new shares were issued in lieu of old shares and after that there are bonus shares also.The company wants me to get an amended certificate mentioning the new share details in the place of old 298 shares.
When I approached a lawyer to amend, he told me that it cannot be done as it is more than 25 years old and court records may not be available. Besides amendment is not possible and advised me to file a fresh succession certificate.
It will be difficult to file afresh as two of the legal heirs are passed away and to coordinate the remaining highly difficult as they had already got their share. Please guide me. I am prepared to pay your fees if any in this regard
Asked 1 year ago in Civil Law from Madurai, Tamil Nadu
1. You have rightly been advised to apply for a fresh succession certificate. The succession certificate issued in 1990 cannot be amended now.
2. Your mother died in 1977, whereas the bonus shares were issued in 1982 and 1986 respectively by the company. You could have sought these bonus shares when you applied for succession certificate. Be that as it may, the court cannot now amend the succession certificate. You have no option but to apply for a fresh succession certificate.
3. That two other legal are deceased whereas the remaining cannot be coordinated with is not a ground which emasculates your right to apply for a succession certificate. You can as one of the legal heirs of your mother seek succession certificate.
Yes it is rightly been advised for a fresh certificate. If you feel you want to still amend the previous one it is better that u first try to find out if the records are available. That can be found through an right to information application as well. If there is no information available then it would be better to apply for a fresh one.
1) Section 383of indian succession act . That section deals with revocation of certificate. That section is:
"A certificate granted under this part may be revoked for any of the following causes, namely:
(a) that the proceedings to obtain the certificate were defective in substance;
(b) that the certificate was obtained fraudulently by the making of a false suggestion, or by the concealment from the Court of something material to the case;
(c) that the certificate was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant thereof, though such allegation was made in ignorance or inadvertently,
(d) that the certificate has became useless and inoperative through circumstances;
(e) that a decree or order made by a competent Court in a suit or other proceeding with respect to effects comprising debt or securities specified in the certificate renders it proper that the certificate should be revoked."
2) The revocation is to be of the certificate which was granted. It is not a partial revocation. The whole certificate may be revoked if at all but not partially. Section 383 does not permit 'partial revocation'.
3) you will have to make fresh application for issue of succession certificate . no amendments can be made in respect of succession certificate issued 25 years back
1) You will have to apply for new Succession Certificate as the one issued can not be amended but can only be revoked and reissued.
2) It does not matter that one of the heirs passed away and that the remaining is not contractible. You can still go ahead with filing for a Succession Certificate on your own.
3. Notices will be issued to the other parties and if they fail to respond you will get the Succession Certificate on an ex parte basis.
you should file declaration suit for declaration that you are the successor of your mother. make all the legal heirs ( if died then their legal representatives) opposite party in the suit and place all record you have. your peaceful possession of the share for more than 25 years is a good fact but it will not admitted by the court it is sort of 5 more years so yyou can't get benefit of section 90 of evidence act. after declaration you should apply for fresh succession certificate and it will be granted by the appropriate authority.
fresh application for obtaining the succession certificate is only the option you have now.
Advocate, New Delhi
1. The succession certificate issued to you before 25 years can not be ammended now,
2. The only option left before you is to apply for Succession Certificate afresh.