• Is amendment of sucession certificate required

My Father expired in 2011 in an accident and he is holding an individual demat account in Axis bank. He don't have nominee. Also we didn't have will

We applied in the court for succession certificate and got the certificate in january. We applied to the bank to transfer the shares to my mother. It seems 1 kind of shares were spited after we applied for succession and also 1 kind was missed in the certificate. We asked bank to transfer the other shares with out transferring those 2 kinds( the value is less and we don't want to go to thru all the process). But the bank is not agreeing for that. its saying we need to file amendment succession certificate. My mom live in small city called guntur and the lawyer who applied for succession certificate is not ready to apply for amendment saying that once we apply , again we they get split what should we do.

why can't bank transfer remaining shares just leaving the shares which are not present in the succession certificate. 

Is there any lawyer in Guntur who can help in this. I am out of country and my mom don't know much.
Asked 8 months ago in Civil Law from United States
1) . Section 376 of the Indian Succession Act contemplates that the certificate can be extended in respect of any debt or security not originally specified therein and if such extension is ordered, it shall have the same effect as if the debt or security to which the certificate is extended had been originally specified therein. 

2)since some shares were missing and some bonus shares have been issued apply for amendment of succession certificate 

3) you can search in kaanoon website for lawyers in Guntur 
Ajay Sethi
Advocate, Mumbai
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1223 Consultations
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1) You have to take out application before district court that issued succession certificate for amendment 

2) engage same  lawyer in Guntur 

3) if you are willing to pay his fees he should not have any problem on applying for amendment 
Ajay Sethi
Advocate, Mumbai
23365 Answers
1223 Consultations
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1. The Bank will act strictly as per the Succession certificate,

2. When there is a split in the shares, Bank can not go back to its original form and transfer the old form of shares,

3. This problem is very commonly found in succession certificate cases,

4. You have no option other than praying for an amendment of the succession certificate which will not take a very long time now,,

5. Google search your lawyer from Guntur which is the latest trend in engaging lawyer.
Krishna Kishore Ganguly
Advocate, Kolkata
12138 Answers
233 Consultations
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1. File an application before the same Court praying for amending the succession certificate for the freshly arisen reason,

2. Google search your lawyer as suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12138 Answers
233 Consultations
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Dear Querist
Either apply for amendment in Certificate before district court or issue a legal notice to bank for their conduct and claim your father's shares, if they issue a reply in writing regarding the same then apply for amended certificate based on that latter, otherwise the court may ask the proof about bank's requirement.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
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If the succession certificate is not containing the proper and correct particulars in respect of the schedule of property to be succeeded, then an amendment petition may be filed by first filing a petition to reopen the disposed case and seeking an amendment to the schedule of property shown in the original petition.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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1)What is the process of applying amendment of succession certificate.

The procedure has been explained in the above answer.



2) I couldn't find any lawyer in guntur in Kaanoon website

You have to make your own search for a lawyer in Guntur.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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The remedy is to apply for amendment if some shares have either been split up or have been omitted from the succession certificate, failing which the bank will not transfer any of the shares. When a future split is done it can be dealt with in a similar way. If your lawyer is not willing to be briefed for amendment of succession certificate then brief another lawyer.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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