08 November 2012
A Shareholder who was deceased was an Indaian citizen but his daughter who is a british citizen wants to transmit the shares in her name is the approval of RBI required ?
Where title to shares comes to vest in another person by operation of law, it is not necessary to execute and submit transfer deed. A simple application to the company by a legal representative along with the following necessary evidences is sufficient:—
(i) Certified copy of death certificate; (ii) Succession certificate; (iii) Probate; (iv) Specimen signature of the successor.
However, requirement of these certificates is not essential and depends on various circumstances of the case. Where a succession certificate has been granted in respect of shares, the company cannot insist on the production of probate or letters of administration; the certificate affords full indemnity to company. [Thenappa Chettiar v Indian Overseas Bank Ltd. (1943) 13 Comp Cas 202 (Mad)].
If you are NRI, you will submit the current residential address proof to the company. You just intimate to the RBI a letter of getting shares by way of transmission.