transfer of equity without holder consent.

This query is : Resolved

OM PRAKASH SHARMA (Querist)
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01 December 2010 in the year 2008 i have applied in a pvt ltd co for 16000 equity shares of face value Rs. 10/- with a premium of Rs. 15/- each.

after a month they have alloted me the entire equity shares, but not given me any share certificate.

today i have comes to know from my reliable resource that they have transferred my entire equity shares to a other pvt ltd co. without my consent or any intimation to me.

any one suggest me whare i should complain for the same and get back my equity.

If require i will arrange the certified copy of the share holder list of the company from ROC, in which have appear my name as share holder.

please ............

Ankur Garg

Ankur Garg (Expert)
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01 December 2010 Do you have any proof regarding your entitlement of the said equity shares?

It seems a bit difficult to help in the absence of share certificate..

However wait for other opinions.

OM PRAKASH SHARMA

OM PRAKASH SHARMA (Querist)
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03 December 2010 Sir you are right but i don't have the certificate bcz they don't issue me, but i have the allotee list and also i can obtain the certified copy of share holder (that time) from ROC.

please advise me whare to lodge my complaint

Aashok Kumar Sharma

Aashok Kumar Sharma (Expert)
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02 August 2025 This is a serious issue involving the unauthorized transfer of your shares without your consent and without issuance of share certificates. Here's what you should do step-by-step:

### 1. **Gather Evidence**

* Obtain the **allotment letter** or any proof showing the company allotted shares to you.
* Get the **certified copy of the shareholder list** from the Registrar of Companies (ROC) showing your name as a shareholder.
* Collect any correspondence you have with the company regarding shares.

### 2. **Write a Formal Letter to the Company**

* Send a **registered letter (with acknowledgment)** to the company’s registered office demanding:

* Issuance of your share certificates.
* Explanation regarding the unauthorized transfer.
* Reinstatement of your shares.

### 3. **File a Complaint with the Registrar of Companies (ROC)**

* You can file a **complaint under Section 397/398 of the Companies Act** (oppression and mismanagement) or under **Section 44 (issue of share certificate)**.
* You may also file a **complaint with the Ministry of Corporate Affairs (MCA)** through their grievance portal: [MCA Grievance](https://www.mca.gov.in/)

### 4. **Approach the Company Law Board (CLB) or National Company Law Tribunal (NCLT)**

* If the company doesn’t respond or refuses to act, you can approach the **NCLT** (previously CLB) for relief.
* You can seek orders for:

* Rectification of the register of members.
* Cancellation of the unauthorized transfer.
* Direction for issuance of share certificates.

### 5. **Consider Civil Suit or Criminal Complaint**

* Depending on the facts, you may file a civil suit for recovery of shares.
* If fraud is involved, you can lodge a **criminal complaint** for cheating and fraud under the Indian Penal Code.

### 6. **Legal Advice**

* Consult a company law expert or advocate to draft proper legal notices and take further action.

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### Summary:

* Get proof of shareholding.
* Demand certificate and explanation from company.
* File complaint with ROC / MCA.
* Approach NCLT for remedy.
* Consider legal action if necessary.

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