Indian Inheritance and Share Recovery for Brampton Families
Brampton has one of the highest concentrations of Punjabi and South Asian families in Canada, and a steady flow of Indian estates to settle from a distance.
We deal with the Indian side: identifying what the deceased held, preparing the transmission documents, and following the registrar through to credit. The first assessment is free and nothing is payable in advance.
Claims from Brampton, Ontario, handled from our Gurugram office · Reviewed 21 September 2026
Settling an Indian estate from Ontario
When a parent dies in Punjab or Delhi and the children are in Brampton, the Indian assets often sit untouched for years. Land gets attention because someone is living on it; share certificates do not, and by the time anyone looks, dividends have gone unclaimed and the holding may have moved to the IEPF.
The good news is that SEBI’s July 2026 framework removed the court step for most families. Holdings up to ₹10 lakh per company in physical form, or ₹30 lakh in demat, need an indemnity bond and an affidavit-cum-NOC from the other heirs — no succession certificate, and probate is no longer compulsory at all.
Signing in Brampton, apostille in Ontario
Canada joined the Hague Apostille Convention on 11 January 2024, and that changed the paperwork for Indian claims. Documents signed in Canada are now notarised and apostilled, and the Indian missions have confirmed that an apostille needs no further attestation or legalisation from them.
Apostilles come from Global Affairs Canada, and for documents originating in several provinces — Ontario, British Columbia, Alberta, Quebec and Saskatchewan among them — from that province’s own competent authority. Check which route applies to your document before booking anything.
Every heir signs their own affidavit-cum-NOC. Heirs in Ontario notarise and apostille through Official Documents Services; heirs still in India simply notarise locally.
What you will need
- Affidavit-cum-NOC and indemnity bond, notarised in Canada and apostilled
- Passport, OCI card if you hold one, and PAN
- Proof of your Canadian address for KYC
- An Indian demat account, usually NRO-linked, opened before the claim goes in
Where the shares land, and moving money out
Shares are credited to an Indian demat account, in most inheritance cases an NRO-linked one. NRIs may remit up to USD 1 million per financial year from NRO balances, with Form 15CA and a chartered accountant’s certificate in Form 15CB.
On the Canadian side, holding Indian securities can bring the T1135 foreign income verification form into play once your foreign property crosses CAD 100,000. That is a question for a cross-border tax adviser, not for us, but it is better raised before a sale than after.
What we handle
Questions from Brampton
Do we need a succession certificate from an Indian court?
Usually not. Since SEBI’s July 2026 framework, holdings within ₹10 lakh per company (physical) or ₹30 lakh (demat) need only an indemnity bond and the other heirs’ affidavit-cum-NOC. Above that, a will or legal heirship certificate with an indemnity bond is also accepted.
One sibling refuses to sign the NOC. What then?
SEBI’s simplified route excludes disputed claims, so that becomes a legal matter in India rather than a registrar one. Take advice before spending on documentation.
Is probate needed?
No. The requirement was removed — Section 213 of the Indian Succession Act was omitted with effect from 20 December 2025, and SEBI’s framework does not require probate for transmission.
Can one heir claim on behalf of everyone?
Yes, with notarised NOCs from the others. The shares are credited to that person’s demat account and the family settles between themselves afterwards.
What are the costs we pay ourselves?
Notarisation and apostille fees in Canada, Indian stamp duty on the bonds, and any court fee if a court document is genuinely needed. Our fee is a percentage charged only after credit.