Company Secretary and Compliance Officer
114788 Points
Joined January 2009
Answer is quite simple actually. You may find it easily in any of the law book.
1. Transfer is voluntary act of parties where you need to fill form 7B i.e. share transfer deed and pay the requisite stamp duty. Transfer of share may be with or without consideration and is governed by section 108 of the companies act 1956. In transfer it is required to be approved by board of directors in the board meeting.
On the other hand Transmission of share is governed by operation of law i.e. it is a kind of automatic transfer of share to the legal heir on the death of original shareholder. It does not require and share transfer deed or stamp duty.
Remedies in case of refusal by the company to register transfer or transmission are given in section 111 for a Private Company and in section 111A for a Public company.
Best Regards--Ankur Garg ankur_gargcs @ rediffmail.com