Share and Mutual Fund Transmission on Death
Guide to transferring shares and mutual funds after death in India - transmission process, documents required, nominee vs legal heir, and step-by-step procedure.
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Share and Mutual Fund Transmission on Death
When an investor passes away, their shares and mutual fund holdings need to be transferred to nominees or legal heirs. This process, called transmission, differs from regular transfer and has specific requirements.
Understanding Transmission
What Is Transmission
Transmission:
Transfer of securities from:
- Deceased holder
- To nominee or legal heir
Differs from Transfer:
- Transfer: Sale/purchase
- Transmission: Death, insolvency, etc.
- No sale involved
- Ownership shifts by operation of law
Types of Securities
Covered Securities:
- Equity shares
- Preference shares
- Mutual fund units
- Debentures
- Bonds
- ETFs
- Government securities
Demat vs Physical Shares
Demat Shares
Held In:
- Depository Participant (DP) account
- NSDL or CDSL depository
- Electronic form
Transmission:
- Faster process
- Standardized forms
- Through DP
Physical Shares
Held As:
- Paper share certificates
- In investor's possession
- May need dematerialization
Transmission:
- More complex
- Through company's RTA
- May take longer
If Nomination Exists
Demat Account Nominee
Process:
1. Nominee approaches DP
2. Submits transmission form
3. Provides death certificate
4. Completes verification
5. Shares transferred to nominee's demat
Documents Required
With Nomination:
□ Transmission request form
□ Death certificate (original + copy)
□ Notarized copy of death certificate
□ Nominee's identity proof
□ Nominee's address proof
□ Nominee's demat account details
□ Client Master List of deceased
□ Nominee proof (bank's nomination form)
Timeline
Typical Duration:
- 7-21 days with nomination
- If documents complete
- Varies by DP
If No Nomination Exists
Required Documents
Without Nomination:
□ Transmission request form
□ Death certificate (original + copy)
□ Notarized/attested death certificate
□ Legal heir certificate
OR Succession certificate
□ Affidavit from all legal heirs
□ NOC/Consent from other heirs
□ Indemnity bond
□ Each heir's identity proof
□ Each heir's demat account details
□ Surety bond (sometimes)
Who Signs
All Legal Heirs Must:
- Sign the affidavit
- Provide consent/NOC
- OR get succession certificate
Timeline
Typical Duration:
- 30-60 days without nomination
- Longer if documents incomplete
- Succession certificate adds months
Step-by-Step Process
For Demat Shares
Step 1: Gather Information
- Demat account number
- DP details
- Holdings statement
Step 2: Collect Documents
- Death certificate
- Nominee/heir proofs
- KYC documents
Step 3: Submit to DP
- Visit DP branch
- Submit transmission form
- Provide all documents
Step 4: Verification
- DP verifies documents
- May request additional info
- Background checks
Step 5: Transfer
- Shares transferred
- To nominee/heir demat account
- Statement updated
Step 6: Confirmation
- Holding statement received
- Transaction reference provided
For Physical Shares
Step 1: Identify RTA
- Registrar and Transfer Agent
- Contact information on certificate
- Or check company website
Step 2: Collect Documents
- Similar to demat
- Plus original share certificates
Step 3: Submit to RTA
- Send by registered post
- Or submit physically
Step 4: Verification
- RTA processes
- May take longer
Step 5: Options
- Get transmitted to your name (physical)
- Or convert to demat
Recommendation:
Convert physical to demat during transmission
Mutual Fund Transmission
Process Overview
Mutual Funds:
- Directly with AMC
- Or through RTA
- Similar to shares
If Nomination Exists
Documents:
□ Transmission request form
□ Death certificate (original + copy)
□ Nominee's KYC documents
□ Cancelled cheque/bank details
□ Nominee's signature verification
If No Nomination
Documents:
□ All above plus
□ Legal heir certificate
□ Indemnity bond
□ All heirs' consent
□ Succession certificate (for large amounts)
Processing
Steps:
1. Contact AMC customer service
2. Obtain transmission forms
3. Submit with documents
4. Verification (7-15 days)
5. Units transferred to claimant's folio
OR new folio created
Post-Transmission:
- Can continue investment
- Or redeem units
- Tax implications apply
Joint Holdings
First Holder Dies
Process:
- Surviving holder continues
- Death certificate submitted
- Name changed to surviving holder(s)
- Simple process
All Joint Holders Die
Process:
- Nomination checked
- Or transmission to legal heirs
- Of last deceased holder
Tax Implications
Capital Gains
On Transmission:
- No capital gains on transmission itself
- It's not a transfer for tax purposes
- Original cost continues
On Future Sale:
- Cost = Deceased's acquisition cost
- Period includes deceased's holding
- Tax calculated accordingly
Cost Basis
For Legal Heirs:
- Cost of acquisition = Cost to deceased
- Holding period = Includes deceased's period
- Indexation from deceased's purchase year
Example
Deceased bought shares: 2015 at ₹100
Death in: 2023
Heir sells in: 2025 at ₹300
Cost for heir: ₹100 (indexed from 2015)
Holding period: Long-term (2015-2025)
Long-term capital gains apply
Special Situations
Minor as Nominee/Heir
If Minor:
- Natural guardian claims
- Guardian's documents required
- May need court permission for sale
- Transmission to minor's demat account
NRI Heir
Considerations:
- Can inherit shares
- May need NRE/NRO demat account
- FEMA compliance
- Tax treaties
Multiple Legal Heirs
Options:
1. Transfer in joint names
2. One heir with others' NOC
3. Distribute proportionally
4. All heirs agree on arrangement
Disputed Claims
If Heirs Disagree:
- DP/RTA won't process
- Court order required
- Succession certificate helps
- Legal resolution needed
Common Issues
Signature Mismatch
If Deceased's Signature Differs:
- Affidavit explaining
- Additional verification
- May delay process
Lost Share Certificates
For Physical Shares:
- FIR if theft suspected
- Indemnity bond
- Newspaper advertisement
- Duplicate issuance process
- Takes longer
Outdated Details
If Records Outdated:
- Address change documentation
- Name change proof
- Additional verification
Tips for Smooth Transmission
While Alive
Best Practices:
□ Nominate in all demat accounts
□ Nominate in all mutual funds
□ Keep nominations updated
□ Maintain demat account details
□ Inform family of holdings
□ Convert physical to demat
□ Keep records organized
For Claimants
Best Practices:
□ Locate all holdings
□ Check CAS (Consolidated Account Statement)
□ Gather documents first
□ Start with large holdings
□ Be patient with process
□ Follow up systematically
□ Consider professional help for complex cases
Locating Holdings
Finding Unknown Holdings
Resources:
1. IEPF website (for unclaimed shares)
2. Consolidated Account Statement (CAS)
3. Bank statements (dividend credits)
4. Old documents
5. AMC/DP statements
6. Annual reports received by post
CAS Request
How to Get:
- Request through CDSL/NSDL
- Shows all demat holdings
- Free service
- Helps locate all holdings
IEPF Recovery
If Shares Transferred to IEPF:
- Apply through IEPF portal
- Complex process
- Take professional help
- Time-consuming
Mutual Fund Specific Points
SIP Continuation
After Death:
- Existing SIPs stop
- Bank may not allow debit
- New holder can restart
- After transmission complete
Switch/Redemption
During Transmission:
- Cannot transact
- Folios frozen
- Wait for completion
- Then full access
Checklist
Before Starting:
□ Identify all demat accounts
□ List all mutual fund folios
□ Check nomination status
□ Gather death certificates (multiple)
□ Identify all legal heirs
□ Collect heir documents
During Process:
□ Contact each DP/AMC
□ Submit complete documents
□ Get acknowledgment
□ Track each application
□ Follow up if delayed
After Transmission:
□ Verify holdings received
□ Update bank mandates
□ Update contact details
□ Consider consolidation
□ Review portfolio
□ Tax planning
Conclusion
Transmission of shares and mutual funds requires proper documentation and patience. Nomination significantly simplifies the process, making it essential for every investor.
Key Takeaways:
- Nominate everywhere—demat accounts and mutual funds
- Nominee ≠ Owner—they hold for legal heirs
- Documents are key—death certificate, identity, relationship
- Joint accounts easier—surviving holder continues
- Tax basis continues—cost and holding period of deceased
- Convert physical shares—during transmission itself
- CAS helps locate—find all holdings
- Follow up—don’t assume process is automatic
Immediate Steps:
- Get multiple death certificate copies
- Request CAS for complete holdings
- Contact each DP/AMC
- Submit documents systematically
Procedures may vary by DP and AMC. For complex situations or large portfolios, consider engaging a professional.