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Ajo George (Self )     25 September 2011

Share transfer

Dear Sirs

                      Indian Public Limited Company shares held in the name of a foreign national  who expired. Trustees( executors)  are managing his estate. Share Certificates are lost . Can i take power of attorney from the trustees to apply for duplicate certificate and then to buy the shares.Whether The power of attorney by a UK national is valid in India ? Has it to be attested by any officials?

Yours faithfully

Ajo George

09895035448

 

 



Learning

 4 Replies

V.R.Natarajan (Lawyer)     26 September 2011

Your request is very vague.Share certificates do not go by in paper format, when you say they were lost. Being a British National,only the legal heirs ascertained by court or authorities, can make a claim.Only after getting a special power of attorney,mentioning the shareholding numbers can seek details of the shares from the stock exchange . You cannot buy the shares Without the consent of R.B.I. Approach a good stockbroking company and clear your doubts.you have not stated whether your man was Indian national or British.If he is a foreigner, completely different considerations will apply. If circumstances permit,get a notorised power of attorney and get it adjudicted before the district registrar.Find our whether the trustees have been duly authorised by a court of law to deal with the assets of the deceased. V.R.Natarajan,Advocate

Ajo George (Self )     26 September 2011

Dear sir

              In this matter shares were issued at 1946 and  that time only phisical shares are issued. Now certificate are lost by the trustee/excuters. I have to make number of applications to the company and registrar. May i get power of attorny to act for this. After obtaining the orginal certificate i have to transfer to my name or to sell to other party. whether the  power attorny from UK is valid In india? What type of stamping to be made for this purpose ?

V.R.Natarajan (Lawyer)     26 September 2011

mr. george Power of attorney can be issued from any part of the world. They can execute a special power of attorney in your favour even in blank paper. It shd be properly notorised. The power must contain full details of the shares and also what the power holder is expected to do. you have to present the power, along with the postal envelope it was sent, to the district registrar of your area who is authorised to adjudicate. The stamp duty is Rs.100, which you can pay in cash and Rs.5 being the registration charges.Then your PA will be adjudicated and given to you. In some states like Tamilnadu, you are asked to provide copies of the original title deeds, in your case, the trust documents. So, enquire in your registrar office.procedures differ from state to state. If you are typing and sending the power document from India, you may as well type it in Rs.100 NJ Stamp paper, buying in the name of the executor and send them. Then it is sufficient to pay Rs.5 only, for adjudication. So, this is the end of the matter. Practice a word of thanks in your letter. V.R.Natarajan, Advocate

Ajo George (Self )     16 November 2011

Dear Natarajan Sir

                                I would like to get your cotact details . Please provide your email id and phone number

regards

Ajo George

Ph 09895035448

email : ajo_george@sify.com


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