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DEshik   01 September 2021

Right of legal heirs vs second holder in demat account

Dear Experts,

My father and his brother ( A & B) hold a joint Demat account in which shares worth Rs. 15 lakhs is held. My Father ( A) died WITHOUT a NOMINATION, or WITHOUT a  WILL. I am the only Legal Heir of my father. ( Son of A) .

Now my uncle (B) is not willing to give me half the share of the shares held in the demat account, saying that I am not entitled to shares in the joint demat account of my father. He is saying "He is not legally bound to give any holdings to the the legal heirs of the expired joint holder", and his stand is "Upon death of a joint holder in a Demat account, the whole holdings in the joint Demat account becomes the sole property of the surviving holder in the Demat account"

Please advise me can I  claim half of the shares held in the demat account please ?

Respected experts, please advise me am I not entitled to the half the shares held in the demat account?  

 

My Humble Thanks



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     01 September 2021

The treatment of different securities such as shares, bonds and debentures, units of mutual funds and others in a demat account will depend upon how the account was held. If the account was held jointly, i.e., if the deceased account holder (A) was one of the holders and there were other joint holder (B) in the account, then the securities are transmitted to the name of the joint holder( B) in the same order.

DEshik   05 September 2021

Respected Expert Sri. Rama chary Rachakonda Thanks For your valuable reply... But am I not entitled to the securities held in Demat account jointly held by my father and his brother? Upon the intestate death of my father, am I not entitled to 1/2 ( One Half) the securities held in the Joint Demat account held by my father and his brother? As per Hindu Law, am I not entitled to my father's share of securities which he held as co-owner in a Demat account ? Thanks in advance

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     07 September 2021

No. You are not. Only survivor holder is eligible the whole

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