Based on the directive received from SEBI, the process of transmission has been implifi ed. Now there is no need to submit Letter of Surety in case of transmission of securities upon death of sole holder without nomination where the market value of the securities held in each account of the deceased as on the date of application for transmission does not exceed Rs. 1,00,000. Further, an additional option of providing Family Settlement Deed is provided as an alternate to No Objection Certifi cate from all legal heir(s) who do not object to such transmission. The amended rule provides as under:
If the legal heir(s) or the legal representative(s) express inability to produce a copy of succession certifi cate or order of a court where the deceased has not left a will or a copy of the probate or letter of administration, and the market value of the securities held in each of the account of the deceased as on the date of application for transmission does not exceed Rs. 1,00,000 then the Participant shall process the transmission request on the basis of the following documents:
- Request for transmission in Annexure O;
- Copy of the death certifi cate duly attested by a Notary Public or by a Gazetted Offi cer;
- Letter of Indemnity made on appropriate non judicial stamp paper;
- An Affi davit made on appropriate non judicial stamp paper; and
- No Objection Certifi cate(s) from all the legal heir(s) who do not object to such transmission.
- As an alternate to No Objection Certificate from all legal heir(s) who do not object to
such transmission specifi ed at 12.6.2.3 (v), a copy of Family Settlement Deed duly attested by a Notary Public or by a Gazetted Offi cer provided that the Family Settlement Deed clearly vest the securities in favour of the person seeking transmission in his/her name and vesting of securities in his/her name is not contingent upon any other onerous conditions in such Family Settlement Deed.
Provided further that if the division of securities as per the Family Settlement Deed is amongst more than one person, then Family Settlement Deed can be considered as an agreement amongst the legal heirs for transmission of securities to each legal heir applying for transmission.
This has been informed to Participants vide Circular No. NSDL/POLICY/2010/0004 dated January 11,2010.