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nav   26 April 2017

Company share certificate transfer issue

I have purchased 200 Units of Company A (equity shares) in physical form in Dec 2000. I was handed over the orginal share certificate and Share transfer deed signed by my broker. I have fogotten about it and the share certificates were misplace which i discovered now . When i sent it to Company registrar for transfer they informed me that the seller has submitted a request to issue duplicate shares (in year 2005). REgistrar oblidged to his request and issue the shares after proper document verification and subsequently the share was demated. I raise this issue with SEBI to which Sebi responded that Registrar has done their job and its a fraud by seller. I tried to contact seller by sending postal mail but it was not received by him. Now i am stuck with these shares which i have purchased and not able to move ahead. Can someone guide me what should i do next to sort this out. ?



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 8 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     26 April 2017

Revover money from the seller. send a legal notice to him and file a petiton in consumers forums.

Law Aspire (Legal)     26 April 2017

At the time of Sale, How the Consideration was transferred?

 The Share Transfer deed is first executed by transferor and then transferee and transferee thereafter send it to company for endorsement in his favour and on Sale or Transfer the  Back Side of Share certificate is endorsed by Company.
If you have that records then you can claim your rights.
In Law there is no relief to the negligent.

nav   26 April 2017

Hi Rama Chary ji

I am not sure if the seller is alive as its almost 17 years now.. Still can i send a legal notice?

If yes would you be able to help me? Please let me know and we can discuss further

nav   26 April 2017

Hi Law aspire ji

Yes i have the orignal share ceritificates which is  in the name of the seller

I also have original share transfer deeds signed by the seller and its endorsed byhis broker and my broker

When i bought i am not sure how teh considereation was transferred as its between brokers..and remmber 17 years back it was all physical form of transaction 

Kumar Doab (FIN)     26 April 2017

The regulator seems to be right.

You may show all docs on record to a very able counsel at your location to proceed against the seller.

 

Law Aspire (Legal)     26 April 2017

Originally posted by : nav
I have purchased 200 Units of Company A (equity shares) in physical form in Dec 2000. I was handed over the orginal share certificate and Share transfer deed signed by my broker. I have fogotten about it and the share certificates were misplace which i discovered now . When i sent it to Company registrar for transfer they informed me that the seller has submitted a request to issue duplicate shares (in year 2005). REgistrar oblidged to his request and issue the shares after proper document verification and subsequently the share was demated. I raise this issue with SEBI to which Sebi responded that Registrar has done their job and its a fraud by seller. I tried to contact seller by sending postal mail but it was not received by him. Now i am stuck with these shares which i have purchased and not able to move ahead. Can someone guide me what should i do next to sort this out. ?

In the question you have told that you have misplaced Original Share certificate and Share Transfer Deed. Please Clarify the situation properly .

Law Aspire (Legal)     26 April 2017

Originally posted by : nav
Hi Law aspire ji

Yes i have the orignal share ceritificates which is  in the name of the seller

I also have original share transfer deeds signed by the seller and its endorsed byhis broker and my broker

When i bought i am not sure how teh considereation was transferred as its between brokers..and remmber 17 years back it was all physical form of transaction 

 

 

Pls check original 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     30 April 2017

What the seller had done, selling again thing already sold,  is a plain criminal offence of steeling and cheating. You should have filed an FIR against the seller. But what can you do after 17 years?  As shares are not negotiable instruments, you can claim them from their present holders if you are able to trace them at all.


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