Dear Sir
If bonfire reasons are shown then it can be amended.
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
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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.
Can I have the procedure to apply for amendment ? I should file a review petition or i can submit a letter with the proof of request from the Registrar and shares transfer agent with the honorable court ? Approximateley how much time it will take ? Thanks , D.Ravichandran
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.
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).
You have to apply to court for amendment of succession certificate under section 378 of Indian succession act
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
I have already got my Succession Certificate by giving the details of the shares standing on my deceased spouse's name with the copies of the share certificates with Folio and certificate numbers to the court . In the particular case of Ambuja Cements since the original issues is of value of Rs10/-; and that was later converted to shares of Rs 2/-; per share. Since this happened after the original share holder's demise , the converted certificates was not sent since the original Rs 10/- shares were not sent back to them, The communication to this request for Original Rs10-/; per share certificates were send to her old address and since no one was staying there . The converted Rs2/- per share certificates of Total 2340 shares are lying with the Registrar & Shares Transfer agent.I have submitted to the court the copies of Rs 10/-; certificates and a letter from the Registrar & transfer of shares agent giving clearly the Folio number and total shares.Kindly advise.
Since registrar and transfer agents are insisting on distributive number of shares to mentioned in succession certicate amendment of succession certicate would be necessary
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
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
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.
You can file a Petition to amend the decree with specific details as per the latest specifications.
Contact your advocate on this.