Transmission of huf shares

This query is : Resolved

Punit Chauhan (Querist)
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14 January 2012 My father was holding physial form equity shares in name of his HUF.
Now he has expired and I am legal heir, but company is asking for partition deed for transmission of shares. Where as I do not have any whereabout of the same. How can I get the shares transmitted in my name without partition deed? Please guide.. I am really stuck in this matter.

CA CS PRASHANT

CA CS PRASHANT (Expert)
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15 January 2012 Dear prepare the death certificate and registered urself as the legal heir near a notary public.

Then make partition deed of the HUF representing your father by using the death certificate and legal heir certificate.

Then apply with all documents to the company,they will transfer the share.

Punit Chauhan

Punit Chauhan (Querist)
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15 January 2012 Sir, What is legal heir certificate as mentioned in your reply? And how can i get it?

Also guide if it is easier to become karta of said HUF without transmitting shares?

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CA CS PRASHANT

CA CS PRASHANT (Expert)
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15 January 2012 A notary public will give a certificate that you are the legal heir....

Instead you became the Karta of the HUF by mutually agreed among the other members..

CA Sanjeev Kr Jain

CA Sanjeev Kr Jain (Expert)
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20 January 2012 BY OPERATION OF LAW YOU BECOME NATURAL KARTA OF THE HUF, NO PARTITION DEED IS REQUIRED UNLESS THE COPARTIONERS DEMAND PARTITION, BRING THESE FACTS TO THE KNOWLEDGE OF REGISTRAR OF SHARES. HOWEVER HUF CAN SALE / GIFT SHARES TO YOU

Jiten Gupta

Jiten Gupta (Expert)
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24 March 2012 Dear Experts, do we need to send the above application along with original share certificate.

And how we can get the succession certificate.