• Amendment to succession certificate

Sir ,
My spouse has purchased shares form Ambuja Cements with a share value of Rs10/- each. She expired in 26th October 2010 . This shares were available in the physical form. Due to my work realted activities , i was travelling across india and abroad and my son and daughter were studying at outside Bangalore for studies. After my retirement in 2014, i have approached the honorable court for issue of sucession certificate and the court passed an order in 23rd July 2018. Accordingly i got the certificate issued in 14/09/2018.

I have submitted my claim for transfer with the Registrar & Share transfer Agents . When i tried earlier with them, they advised me that since the Rs10/- was converted to Rs2/- per share and some bonus shares were issued the total shares standing on her name is 2340 (with the folio number ) and accordingly i have got my succession certificate.Now they have accepted my claim but they want the Succession Certificate to be amended with certificate and start and end distinctive numbers,though the Folio number is same. I have paid the court fee for 2340 shares. Can you please advise me whether the Succession certificate issued can be still accepted by the Registrar or i need to go for 
Amendment ? If i need to get Amendment to the order how to proceed ?
Thanking you .
D. RAVICHANDRAN
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

Dear Sir

If bonfire reasons are shown then it can be amended.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Sir the certificate can be amended before the original court which passed order for such certificate. Under Indian succession act section 378 gives provision for amendmnet of same

Make an application for amendmnet and to include rest of share in the new certificate.

378. Amendment of certificate in respect of powers as to

securities.-Where a District Judge has not conferred on the holder of

a certificate any power with respect to a security specified in the

certificate, or has only empowered him to receive interest or

dividends on, or to negotiate or transfer, the security, the Judge

may, on application made by petition and on cause shown to his

satisfaction, amend the certificate by conferring any of the powers

mentioned in section 374 or by substituting any one for any other of

those powers.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can file an application in original succession certificate matter for amendmnet of the certificate with the reason and the supporting documents. It won't take much time in amendment 2-3 months it will be done.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Application and certificate to contain details of debts and securities. Extension and amendment of the certificate—The debts and securities in respect of which a certificate is applied for must be detailed at length in the application and also in the certificate and the certificate must be limited in terms to the debts and securities specified in the application and also in the certificate—[Section 372, sub-section (1), clause (f) and Section 374]. At the same time, the Court is empowered (by Section 376) to extend the certificate, on the application of the holder thereof to any debt or security not originally specified therein, and otherwise to amend the certificate (Section 378).

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

You have to apply to court for amendment of succession certificate under section 378 of Indian succession act

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

succession certificate issued by court,same can be rectified only by court passing the order.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

You need to make a simple application in the petition you filed for grant of succession certificate requesting to amend the petition for details of shares

Also if there is a residual clause in schedule of movable properties in your petition then the shares with changed details can come under the residual clause and there wont be any need to amend

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Since registrar and transfer agents are insisting on distributive number of shares to mentioned in succession certicate amendment of succession certicate would be necessary

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Sir accordingly apply for the amendment the court will do needful and pass an order since registrar will give away the sahre with appropriate orders

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi, you can file a application before court to amend the same ..The court can pass a new amended decree in your favour ... Attach a copy of amended share with application before court

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

If you have obtained the succession certificate specifying the share certificate then you may have to obtain an amendment specifying the number of the certificates in the decree by filing a petition in the same court with details and this will solve the purpose.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

You can file a Petition to amend the decree with specific details as per the latest specifications.

Contact your advocate on this.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

You may obtain the details of the certificates so converted and file a Petition seeking amendment of the same as suggested earlier.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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