01 August 2012
Dear Sir I want legal view on if Mr. A is a share holder and he died then his shares can be nominated to his legal heir (i.e. Mr. B ) just by Application and requisite formalities i.e. Without Stamp Duty. But my Question is if the shares are directly transferred from Mr. A to Mr. C ( i.e.Mr. B’s Son ).Whether the Stamp duty is applicable? And what formalities are required to be followed? Mr. B has no objection in it and ready to give affidavit on it. All documents are available. WILL mentions nothing.
02 August 2012
The exemption is given to legal heirs. C being grandson/daughter, stamp duty exemption is not available. It will amount to transfer from B to C. (Only thiong is we are avoiding the clerical work of transfer from A to B and then B to C.) Stamp duty does not aim at reducing clerical work.
But My question is if the name of Mr. C is available in Proper Nomination made by the Mr. A at the time of acquiring the Shares in the Share Application and Share Certi.. Hence there is NO TRANSFER, and if no transfer Form how the stamp duty is applicable?