Madhav (first holder) jointly held equity shares with his son sridhar (second holder). After the death of Madhav the shares were trasferred to the name of Sridhar by the company. Sridhar's elder brother Ram complained to the company. But they refused to entertain his complaint and told him that they have the right to do so. Why the law of inheritance in equity shares is different from landed property where the descendants inherits the shares of joint property held in the name of the deceased.
One lawyer says the joint holder is entitled to the shares of the deceased. But another lawyer says the descendants of the joint holder are entitled to get the shares of the deceased. Who is correct?
I feel that though the shares are transfered in the name of Sridhar after the dealth of his father, the joint share holder, the same can be questioned by Sridhar's brother in a court of law. He can institute a petition for issuance of succession certificate. The transfer of Madhav's share to Sridhar is not automatic. Even in case of any nomination in favour of Sridhar, the other legal heirs can always question the transfer made by the bank in favour of Sridhar.
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup