Replacement of name of second holder in share
This query is : Resolved
15 May 2017
Dear Experts,
My sister [Ms."D"] is having Shares from about 1990 (in physical form not demated) jointly with my brother [Mr."R"]. Wherein in all Shares name of my sister Ms."D" appears as first holder and name of my brother Mr."R" as second holder.
Now, as per our family understanding name of my brother Mr."R" as second holder is to be eliminated and it will be replaced by name of 2 other sisters. i.e. change in name of 2nd holder only while name of 1st holder going to remain same.
For this replacement of name-
(a) Is it necessary for my brother [Mr."R"] second holder to execute gift deed in favour of other 2 sisters whose names are to be added?
(b) OR what are appropriate procedure to be followed for this?
(c) After replacement of names of holders, if my sister [Ms."D"] immediately sell/dispose this Shares in market, by paying STT, then- (i) Will she be liable to pay any tax? (ii) The profit which she get will be of her own or it will be divided amongst all holders? (iii) Normally, in Shares held by more than one name, what is the importance of 2nd and 3rd holders?
Aditya Kumar Jain.
My sister [Ms."D"] is having Shares from about 1990 (in physical form not demated) jointly with my brother [Mr."R"]. Wherein in all Shares name of my sister Ms."D" appears as first holder and name of my brother Mr."R" as second holder.
Now, as per our family understanding name of my brother Mr."R" as second holder is to be eliminated and it will be replaced by name of 2 other sisters. i.e. change in name of 2nd holder only while name of 1st holder going to remain same.
For this replacement of name-
(a) Is it necessary for my brother [Mr."R"] second holder to execute gift deed in favour of other 2 sisters whose names are to be added?
(b) OR what are appropriate procedure to be followed for this?
(c) After replacement of names of holders, if my sister [Ms."D"] immediately sell/dispose this Shares in market, by paying STT, then- (i) Will she be liable to pay any tax? (ii) The profit which she get will be of her own or it will be divided amongst all holders? (iii) Normally, in Shares held by more than one name, what is the importance of 2nd and 3rd holders?
Aditya Kumar Jain.
14 November 2017
if you are of your sister selling the shares immediately after changing the names, what is purpose then to change the name. Let her sell as it is....i.e. with R as second holder
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Concept of Vendor and customner reconciliation
- Mistake in e-invoice identified after 24 hours
- EXPORT PAYMENT
- NRI ITR2 account in 2025-26.
- Query regarding reporting of exempt foreign remuneration in ITR (AY 2026-27)
- FEMA/RBI treatment — Amazon.ca arbitrage (US buy, Canada sell, goods never enter India)
- Goods return by customer
- INWARD REMITTANCE FOREIGN
- CPC and SAC
- Account freezed for Ineligible ITC Scrutiny for GST Annual Return
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
