General information — not legal advice. Procedures differ between institutions and change without notice. Always confirm the current requirements with the bank, insurer or registrar before travelling to a branch or office.
Last reviewed: 23 August 2026 · Report an error on this page
Shares move to the person entitled to them by transmission — a different thing from a transfer, and one that does not need the deceased holder's signature or a stamp duty payment.
The route depends on how the shares were held. Demat holdings are claimed from the depository participant — the broker or bank where the account sits. Physical certificates are claimed from each company's registrar and transfer agent, and this is much slower.
A third case catches many families out: if dividends went unclaimed for several years, the shares themselves may have been transferred to a government fund and have to be claimed back from there instead.
Establish what was held, and in what form
Ask the depositories for a consolidated account statement against the deceased person's PAN. This will show every demat account and its holdings, across brokers.
Physical share certificates will not appear there. Look for paper certificates in files and lockers, and check old dividend warrants and bank credits for company names — a dividend credit is proof of a holding even if the certificate has been lost.
The income tax returns are again useful: dividend income and capital gains point to holdings the family has forgotten.
Demat holdings: claim through the depository participant
15–30 days
This is the straightforward path, and it is the reason holding shares in demat form is worth the trouble while you are alive.
Approach the broker or bank where the demat account is held. The claimant needs their own demat account for the shares to move into — the shares are transferred account to account, not sold and paid out. If you do not have one, open it before you start.
Where the account was joint, the deceased holder's name is deleted and the account continues with the survivor. Where there was a registered nominee, the nominee claims. Where there is neither, the legal heirs claim, and the value decides the paperwork.
SEBI sets the thresholds for the simplified route, and they are generous: transmission proceeds on the standard document set for holdings worth up to ₹15 lakh per beneficial owner account in demat form, and up to ₹5 lakh per listed entity for physical certificates. Below those limits, where there is no succession certificate, probate or will, the legal heirs can furnish a notarised indemnity bond on stamp paper instead of going to court.
What to take with you
- Transmission request form of the depository participantusually requiredFrom The broker or bank
- Death certificateusually requiredNotarised or attested copy usually accepted.
- Client master report of the claimant's own demat accountusually requiredOpen one first if you do not have one.
- Claimant's PANusually required
- Affidavit or indemnity by the claimantsometimes required
- NOC from other legal heirssometimes requiredWhere there is no nomination.
- Succession certificate, probate or willsometimes requiredGenerally only above the prescribed threshold.
Physical certificates: claim through each company's registrar
Two to six months, sometimes longer
Every company has a registrar and transfer agent, and you deal with each one separately. Expect this to be slow and expect the registrar to be strict about details.
Two things make it slower than it needs to be. First, dematerialisation is not optional: since January 2022 SEBI has required securities issued on an investor service request — transmission included — to be issued only in demat form, so the shares end up in a demat account whatever you do, and you need one before you start. Second, mismatches — a name spelled differently on the certificate than on the death certificate, an old address, an unlinked PAN — are extremely common on decades-old holdings and each one has to be resolved with an affidavit.
The request itself goes on Form ISR-4, SEBI's standard form covering transmission, issue of a duplicate certificate and consolidation of folios — revised in January 2026, so download it fresh rather than reusing a copy. If a certificate is lost, the duplicate is issued against an affidavit and an undertaking not to deal with the original should it later surface, plus a newspaper advertisement and an indemnity.
If you are the nominee but not the only heir
Since 1 January 2026 there is a defined route for this, where before there was none. SEBI now formally treats a nominee as a trustee of the securities rather than their owner, and has set out how a nominee passes them on to the legal heirs.
The nominee first has the securities transmitted into their own account in the ordinary way. The onward transfer to the heirs is then made against the succession documents — a will, legal heir certificate, succession certificate or probate — and is reported to the tax authorities under a dedicated reason code, so that it is treated as a transmission and not as a sale by the nominee.
That last detail matters more than it sounds. Before this, a nominee who did the right thing and passed assets on to their siblings risked the transfer being read as a disposal. If you are in this position, tell the depository participant or registrar explicitly that this is a nominee-to-legal-heir transmission.
Tax, and how the cost is worked out
Transmission on death is not a sale. Succession, inheritance and devolution are expressly excluded from what counts as a "transfer" for capital gains, so no capital gains arise on the transmission itself — and India has no separate inheritance or estate tax, so receiving the shares is not taxable income either.
What the claimant inherits along with the shares is the previous owner's cost. Capital gains arise only when you eventually sell, and are computed against what the deceased paid, not the value on the date of death.
For genuinely old holdings there is an important relief: where the asset was acquired before 1 April 2001, the cost may be taken as the higher of the actual cost or the fair market value as on 1 April 2001. On a share bought in the 1980s that difference is usually very large, so do not sell a decades-old holding without working it out.
Stamp duty is charged on a market transfer, not on transmission, and securities moving between demat accounts do not attract it.
Documents checklist
Take this list with you. A filled circle is asked for almost every time; a dashed one depends on your circumstances.
- Transmission request form (depository participant or registrar)usually required
- Death certificateusually required
- Claimant's own demat account detailsusually required
- Claimant's PAN and Aadhaarusually required
- Original share certificatessometimes requiredPhysical holdings only. Never send by ordinary post.
- Consolidated account statement from the depositoriessometimes required
- Affidavit / indemnity bondsometimes required
- NOC from other legal heirssometimes required
- Succession certificate, probate or letters of administrationsometimes required
Common questions
Do I need my own demat account to claim the shares?
Yes, and it is not optional. Since January 2022 SEBI requires securities issued on an investor service request — including transmission — to be issued only in demat form. That applies to physical certificates too, so open a demat account before you begin.
Is stamp duty payable on transmission?
No. Stamp duty is charged on a market transfer, not on transmission following a death, and securities moving between demat accounts do not attract it.
The share certificate is lost. Can I still claim?
Yes. The duplicate is requested on Form ISR-4, against an affidavit and an undertaking not to deal with the original should it later surface. Expect a newspaper advertisement, an indemnity and additional time.
The registrar says the shares were transferred to the IEPF. Are they gone?
No. Shares transferred to the Investor Education and Protection Fund after seven years of unclaimed dividends can be reclaimed by filing Form IEPF-5 online, then sending the original indemnity bond and acknowledgement to the company's IEPF Nodal Officer. The company verifies, and the Authority refunds electronically. It takes longer than a normal transmission.
I am the nominee, but my siblings are the legal heirs. How do I pass the shares on?
Since 1 January 2026 there is a defined route. SEBI treats the nominee as a trustee, not the owner: the securities are transmitted to your account first, then transferred to the heirs against the succession documents. That onward transfer is reported under a dedicated code so it is treated as a transmission rather than a sale by you. Say explicitly that it is a nominee-to-legal-heir transmission.
We have old physical shares bought before 2019 that were never transferred into his name. Anything special?
Possibly. SEBI has opened a special window from 5 February 2026 to 4 February 2027 for transfer-cum-dematerialisation of physical securities bought or sold before 1 April 2019, including transfer deeds lodged then but rejected or returned. It needs the original certificates and the transfer deed. Note it covers transfers, not transmission on death, and excludes shares already moved to the IEPF and any disputed case.
The name on the certificate is spelled differently from the death certificate. What now?
This is very common on old holdings and is resolved with an affidavit establishing that both names refer to the same person. Raise it with the registrar at the outset rather than waiting for a rejection.
Sources
Everything on this page traces back to these. If one has changed since we checked it, the page is wrong — please tell us.
- SEBI — investor information on transmission of securitiesChecked 2026-08-22
- IEPF Authority — claim of shares and unclaimed dividendChecked 2026-08-22
- NSDL — investor servicesChecked 2026-08-22
- CDSL — investor servicesChecked 2026-08-22
- SEBI — ready reckoner: documents required for transmission of securitiesChecked 2026-08-23
- IEPF — process for claiming refund (Form IEPF-5)Checked 2026-08-23
- SEBI — Smooth transmission of securities from nominee to legal heir (19 Sep 2025)Checked 2026-08-23
- SEBI — Special window for transfer and dematerialisation of physical securities (30 Jan 2026)Checked 2026-08-23
- SEBI — Form ISR-4 (revised, January 2026)Checked 2026-08-23
- SEBI — Issuance of securities in dematerialised form for investor service requests (Jan 2022)Checked 2026-08-23
Related guides
If this helped, send it to someone who needs it. Most people find this page in the worst month of their life. Someone you know may be there now.
Nobody should have to search for this
Most of the difficulty in these pages is not the paperwork. It is not knowing what existed, where it was held, or who to ask. That part is avoidable — but only by the person who holds the information, while they still can.
KinSetu is a private record of what your family would need to find: accounts, policies, investments and documents, released to the people you name. It exists so that your family never has to reconstruct it from bank statements.
Start a free recordAbout this guide
KinSetu publishes these guides to help families understand the process of claiming assets after a death in India. They are general information, not legal, tax or financial advice, and reading them creates no professional or advisory relationship with KinSetu.
We research each guide from the institutions’ own published forms and circulars, cite them where we can, and review pages periodically. Even so, requirements vary by institution, branch, state and individual circumstance, and they change without notice. We cannot guarantee that any list of documents or steps is complete or current for your situation, and KinSetu accepts no liability for decisions taken solely on the basis of these pages.
Nomination is not inheritance. A nominee is generally the person an institution releases an asset to — not necessarily the person legally entitled to own it, which is determined by a will or by succession law. Where ownership, division between heirs, or a dispute is involved, please consult a qualified lawyer.
Found something out of date or incorrect? Tell us — we check every report and correct the page. Last reviewed on 23 August 2026.