Part of our guide to transmission of shares after death
Shares held jointly are the easiest kind to deal with after a death, as long as someone on the holding is still alive.
The survivor takes over
Where one of two or three joint holders dies, companies recognise the surviving holder or holders as the only people with title to the shares. There's no nominee or legal heir in the picture, no NOC from the family, and no value threshold. The name of the deceased holder is simply removed.
Physical shares
The surviving holder writes to the company's registrar with a copy of the death certificate. Under SEBI's July 2026 framework that is all the company or registrar may ask for: where securities pass to a surviving joint holder by survivorship, the framework says the entity shall not seek any documentation, including KYC, indemnities or undertakings, apart from the death certificate.
The rule it relies on is clause 23 of Table F in Schedule 1, read with Sections 56(2) and 56(4)(c) of the Companies Act, 2013, and it applies unless the company's own articles say otherwise.
You will still need the original certificates for a physical holding, and a demat account for the shares to be credited to. If a registrar asks a surviving joint holder for an indemnity bond, NOCs or fresh KYC, point it to that paragraph of the framework.
Since April 2026 the shares are credited to the survivor's demat account rather than returned as paper or a Letter of Confirmation.
Demat shares
The survivor applies to the depository participant with its transmission request form and the death certificate. The shares move to an account in the survivor's name.
If the order of names matters
If the survivor was the second or third holder and the family also wants to reorder names on a holding where more than one person survives, that is a transposition request, made on Form ISR-4. It's often done at the same time.
When every holder has died
Once the last surviving holder dies, the shares pass to that person's nominee, or, with no nominee, to that person's legal heirs. The routes are in nominee or no nominee.
Order of death matters. If the holders died close together, the heirs of the one who died last are the ones who claim, so get the death certificates in hand before deciding who applies.
What registration doesn't settle
The company deals with the survivor, but that doesn't always decide who owns the shares within the family. If the deceased paid for them, the deceased's heirs may have a claim, much as the Supreme Court has held that a nominee holds for the heirs. Where there's any disagreement, take legal advice before the survivor sells.
Procedures detailed in this guide cite sovereign circulars, statutory rules, and court precedents governing Indian securities and estate transmission:
- SEBI Transmission Framework Circular (July 2026) Reference: HO/38/13/11(14)2026-MIRSD-POD/I/17111/2026SEBI
- Indian Succession Act, 1925 (Sections 370-390: Succession Certificates) Reference: Act No. 39 of 1925High Court / Supreme Court
- Supreme Court Ruling on Nominee Rights: Shakti Yezdani v. Jayanand Jayant Salgaonkar Reference: Civil Appeal No. 7107 of 2017High Court / Supreme Court
About Adv. Neha Aggarwal
Head of Legal & Compliance · B.A. LL.B, Advocate (High Court of Delhi)Practicing advocate specializing in corporate succession, probate jurisprudence, and estate asset transmission. She leads the firm’s regulatory audit panel, vetting all filings against prevailing SEBI circulars and MCA notifications.
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