• Share transfer

My father-in-law was holding share certificate in physical form in which my husband was nominee. Unfortunately i lost both of them.Now i have a question that how to get this share transfered in my name?
Asked 7 years ago in Property Law
Religion: Hindu

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20 Answers

Since both of them has expired you need to get a share certificate to.claim share from.husbands and father in laws property.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See since your husband and father in law has expired you need to get your name mutated in the records along with other legal heirs if any of FIL of city survey by filing an application for mutation along with both death certificate and get the share certificate updated based on that in society.

Further for movable property of husband and share in father in law movable property you need a succession certificate from court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You have to make application for transfer of shares in your name

2) mention the detailed particulars of shares held

3) company would direct you to obtain succession certificate from district court

4) also furnish indemnity bond fir issue of duplicate share certificate

5) issue public notice of loss of share certificate

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Make application to company for issue of duplicate shares

Public notice has to be issued of loss of share certificate

Indemnity bond has to be furnished to company

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Immediately inform the respective company of which holding shares about the loss of share certificate. While one will have to send the communication to company or RTA in writing, as a precaution there should be an immediate email communication to them as well.

Do not forget to quote your distinctive folio number, certificate number and other details for their reference.

ACTION TAKEN BY COMPANY OR REGISTRAR OR TRANSFER AGENT (RTA)

On receipt of information about the loss of share certificates, folio number or other details provided the company generally put 30 days freeze on any transfer in order to prevent fraud or illegal transfer.

On establishing the identity of the investor, the company will send the procedure on how to issue duplicate share certificates which include the format of an affidavit, surety, indemnity agreement.

DOCUMENTS TO BE FURNISHED FOR DUPLICATE CERTIFICATE

Prepare affidavit, and indemnity bond agreement on stamp paper of Rs. 100 and 300 respectively as directed by company/RTA.

File FIR with police quoting the following details of lost certificate:

Folio number

company name

share certificate number

distinctive number etc.

Publish a general notice in the government gazette.

PROCESS ADOPTED BY COMPANY OR RTA AFTER RECEIVING OF DOCUMENTS FROM SHAREHOLDER

After verification of the document submitted, company/RTA will initiate the request to issue duplicate share certificate.

This process will take around 4-6 weeks to receive a duplicate certificate.

The word “DUPLICATE” is written in bold and legible letters.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

This is my response to you:

1. Execute an affidavit stating that the share certificate is lost;

2. Fill out the necessary questionnaire form and submit it to the company registrar;

3. Give your necessary details etc.;

4. You will obtain the duplicate form;

5. Ask your husband to obtain legal heir certificate (obtained from tehsildar office) and then submit to the company registrar and do the mutation entry in the name of your husband.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

Company will have record with them. You should apply to company for copy of certificate.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

You need to apply for a succession certificate to get this transferred in your name.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Succession certificate will be needed for this transfer.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Mam for that it is movable asset you need to take a succession certificate from the court for shares then same can using succession certificate be transferred to you.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Please mark your query to the company secretary of the particular company the contact details you may get from the company website you may require an affidavit to disregard as soon as you get the information from the company and you need a share transfer form to be signed by you in case supported by any other document to find the shares.

In case your father is alive he can sign the transfer paper in your favour otherwise his death certificate may be produced to get this year transferred in the nominee name

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Hi,

You are suggested to write the concerned company for transfer of share certificate on your name. Do attach death certificates of both father in law and husband and your identity proof as legal heir.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

The legal Heirs of your father-in-law would have to apply for succession certificate from Civil Court in order to get the share transferred.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

After your husband's death you and your children would be the legal heir of your father in law.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Also have to make an application to the company for issuance of duplicate shares for which you will have to give a public notice in local newspaper informing the public of the loss of share certificates.

Also the company would require you to give them an affidavit stating the same.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

You will have to obtain a succession certificate

If husband is alive then as nominee the shares can be transferred to him

For lost original certificate you will have to file a FIR, issue public notice in newspaper

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

When you have lost the physical shares, it becomes your duty to trace it out or if you know the number of the share certificate or if you have the photo copy of the same, you may give a complaint with the police, obtain non traceable certificate from police and issue a public notice in a newspaper, wait for 15 days, after that you may attach the police certificate and the newspaper publication of the public notice, submit an application to the concerned stock broking company to get the duplicate and also to transfer the same to your name.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Not understood will you elaborate it please

You can go through the previous post in which the procedure has been stated in an elaborate manner.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Sir shares here are company shares not housing society shares

Yes, if you have the share certificate number, you may give a complaint with the local police, get a non-traceable certificate, prepare an affidavit about the loss, get it published in a ,local newspaper as a public notice, attach all those as documentary evidences to your application seeking duplicate share certificate and then apply for transfer of the same to your name.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Dear Madam,

First try to get duplicate share certificates then go for transfer of shares in your name. It is better to contact any chartered accountant for accurate guidance.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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