Saying asking, telling are all verbal modes of communications.

Transact in writing.

Is their valid nomination?

Confirm!

Take a written communication from him under proper acknowledgment to transfer surviving member certififcate to you fo rRs.12000.

Ok, I'll interact in writing. Do you mean to say the nomination in my Father's Demat accout? if yes, then I did ask this question to the Securities company and they told me that when the Demat account of my father was opened, which was in the year 2011, their Form did not have mandatory instructions for stating the Nominee and hence this requirement of getting the Legal documents has arisen now. I tried convincing the Securities company that they should provide me some relaxation and should transfer the Holdings of my father to my Demat/Trading account as I am also the client of the same Securities company, however the Securities company doesn't seem to accept my point of view, although they should accept the responsibility on their part also and provide me a relaxation in my opinion. Do you think I have a valid point? Please advice. 

Ok, so does this mean that in my situation the Surviving Member Certificate would meet the same objective as met by a Legal Heir Certificate? Please reply. Thanks

As already pointed out:

Saying asking, telling are all verbal modes of communications. Transact in writing and under proper acknowledgment .
 

Ask to supply copy of said form. Let the form show there was NO column for Nomination.

Let them also state in wriritg that NO nomination was ever communicated by deceased.

Even if there was NO coloumn even then Nomination can be comunicated and made.

Check the files of deceased and find if it has acknowedgment of Nomination………………………….and /or some valid WILL bequeathing shares.

The regulator is SEBI and it issues guidelines on all maters including Transmission of shares.

Check guidelines  at it’s website.

The securities company also has to maintain guidelins at itw website and in office and follow guidelines and provide you with a free copy.

Old Guidelines:

SEBI’s CIRCULAR no. CIR/MIRSD/10/2013 October 28, 2013, in which it was stated at Annexure A- Documentary requirement for securities held in physical mode

Documentary requirement for securities held in physical mode

Annexure A

Documentary requirement for securities held in physical mode

1. For securities held in single name with a nominee:

i. Duly signed transmission request form by the nominee.

ii. Original or Copy of death certificate duly attested by a Notary Public or by a Gazetted Officer.

iii. Self attested copy of PAN card of the nominee. (Copy of PAN card may be substituted with ID proof in case of residents of Sikkim after collecting address proof)

2. For securities held in single name without a nominee, following additional documents may be sought:

a) Affidavit made on appropriate non judicial stamp paper – to the effect of identification and claim of legal ownership to the securities

b) For value of securities upto ` 2,00,000 (Rupees Two lakh only) per issuer company as on date of application, one or more of the following documents:

i. No objection certificate [NOC] from all legal heir(s) who do not object to such transmission (or) copy of Family Settlement Deed duly notarized or attested by a Gazetted Officer and executed by all the legal heirs of the deceased holder.

ii. Indemnity made on appropriate non judicial stamp paper – indemnifying the STA/Issuer Company.

c) For value of securities more than ` 2,00,000 (Rupees Two lakh only) per issuer company as on date of application:

i. Succession certificate (or) Probate of will (or) Letter of Administration (or) Court decree.

FORMAT OF TRANSMISSION APPLICATION

*The Hon’ble Court has granted me/us Probate of the Will / Letters of Administration / Succession Certificate on

the (date of the order).

OR

In the absence of probate of the will / letters of administration / succession certificate, I/we are furnishing

indemnity bond and affidavit thereof for transmission.

https://www.pg.com/en_IN/downloads/investor_relations/pghh/shareholder-services-pghh/Annexure-6-Format-of-Transmission-of-shares-application.pdf

It is not known what turns your matters may take in future.

Such matters have been discussed in detail in many threads at LCI

You can also download the relevant citations also from said threads e.g;

Transmission of shares without probate of will (Civil Law)

https://www.lawyersclubindia.com/experts/Transmission-of-shares-without-probate-of-will--601546.asp

Do your own homework before initiating written communications.

If Legal Heir Certificate can serve your purpose then it is issued by O/o Tehsildar after inquiries by revenue officials e.g; Kanungo, Patwaari.

If Succession Certificate is required then it is issued by Court of Pecuniary jurisdiction e.g; Distt. Court, HC……….

Pecuniary jurisdiction is as per valaue of estate/assets.

 

Generically speaking: You may have to pay Lawyer's Fee and say 3% of valaue of estate for which you want succession Certificate.

If there is NO dispute amongst legal heirs and value is within Threshold Limits set by SEBI then it can be easy, inexpensive and less time consuming.

The securities company can accept by its sweet will/discretion even if value of shares is above Threshold Limits.

There are many old/new threads on Succession Certificate also that you can search option e.g;

https://www.lawyersclubindia.com/forum/Succession-certificate-150148.asp

Dear Kumat Doab, Thanks a lot for your detailed response. I really appreciate it. I have also gone through the SEBi website and other threds that you pointed me to however I have a small question for which i could not find any direct or indirect answer in the treads. Would you be able to comment on how much I can expect to pay if I approach a lawyer to get me a Legal Heir Certificate or Surviving Member Certificate? I am asking this just to have an approximate figure in my mind as Rs. 12,000 that I mentioned earlier was provided by a person who was actually a kind of tout although he did tell me that they will approach lawyers to get me this document.