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Finance & Accounts

 
Activity: Question posted: 07 20 2011 06:45:20 +0000, 2 answers, 74 views, last activity 08 23 2011 19:28:54 +0000
 
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I will be grateful if any one can clarify the following issues

1. Who will get inherited the share capital of the deceased share holder(Wife, Son, Married Daughter) if no will was preapred by him.

2. Will it make any difference if the situation is of a Partner ship Firm

3.What are the statuory compliences have to be complied with as his role was of a share holder and Managing director.

Thanking You in advance

 
  Answered by     Rajesh Tekale, Counsel, Advocate on Record , High Court, Mumbai  | 08 23 2011 19:28:54 +0000
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Thanks for referral in addition to what is stated by MS_Pi i like to add some more details.

 

1.whether hindu, muslim will depend upon the applicable act.

2.provisions under the partnership deed are relevant.

3.Article of association is relevant.

  Answer modified by     MS_Pi , Top Management, Confidential  | 07 26 2011 11:32:22 +0000
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1. If there is no will, Legal Heir Certificate is required. This is normally issued by the Tehsildar of that area. All the leagl heirs are entitled to a share in the property. Based on the leagal heir certificate and death certificate, the shares can be transferred to the beneficiaries.

2. Same procedure to be applied for Partnership Firms also, unless there is a provision to the contrary. Normally all firms will have such provisions that upon the death a partnership, he ceases to be a partner. His legal heirs can claim the share of his investment and profits if any credited to his account.

3. As a share holder follow procedure (1). The Company will have to elect a new MD after convening a Board meeting. It is the directors' and shareholders choice. It is not automatically transferrable.

 

 

 

 
 
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