Can Legal Heirs Claim Shares from the IEPF on Behalf of a Deceased Shareholder?

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When a shareholder passes away, their investments often remain unclaimed due to lack of awareness, missing documents, or delays in transferring ownership. If dividends remain unclaimed for seven consecutive years, both the dividends and the corresponding shares are transferred to the Investor Education and Protection Fund (IEPF) under the Companies Act, 2013.

A common question arises: Can legal heirs claim these shares from the IEPF?

The answer is yes legal heirs have a full legal right to recover the deceased shareholder’s shares, provided they follow the prescribed procedure and submit the necessary documents.

This article explains the legal rights of heirs, the required documents, the step-by-step claim process, and key considerations.

Legal Rights of Legal Heirs Under the Companies Act, 2013

The Companies Act, 2013 and the IEPF (Accounting, Audit, Transfer and Refund) Rules, 2016 grant legal heirs the right to recover shares that have been transferred to the IEPF.

Relevant Legal Provisions 

  • Section 124(5), Companies Act, 2013:

    Mandates transfer of unclaimed shares and dividends to IEPF after seven years.

  • Rule 7, IEPF Rules, 2016:

    Describes the procedure for legal heirs/claimants to apply for a refund. 

Who Can Claim Shares?

The following individuals are eligible to claim shares on behalf of a deceased shareholder: 

  • Nominee registered with the company or depository

  • Legal heirs, including spouse, children, or other surviving family members

  • Successors who can legally establish their right to the estate

  • Representatives holding a valid Power of Attorney (in special cases) 

Note: If a nominee is registered, the process becomes much easier. If not, legal heirs must establish their relationship through legal documents.

Documents Required for Legal Heir Claims

To recover IEPF shares on behalf of a deceased shareholder, the claimant must typically provide:

Identity & Ownership Documents 

  • PAN Card and Aadhaar of the claimant

  • Client Master List (CML) of the claimant’s Demat account

  • Original share certificates or proof of holding 

Documents Related to the Deceased Shareholder 

  • Death certificate (mandatory)

  • Last known KYC details (optional but helpful) 

Legal Documents for Establishing Heirship 

  • Succession Certificate

  • Probate of Will (if a Will exists)

  • Legal Heir Certificate  

IEPF-Specific Documents 

  • Form IEPF-5

  • Indemnity Bond (non-judicial stamp paper)

  • Affidavit verifying entitlement

  • Cancelled cheque of the claimant’s bank account 

Without valid legal documents proving the relationship, the claim will not be processed.

Step 1: Check if Your Shares or Dividends Are Unclaimed

You can check this in two ways:

Visit the IEPF Website 

Enter your: Folio Number (if physical shares) and DP ID/Client ID (if Demat)

The website will show whether your shares or dividends are transferred to IEPF.

Company’s Investor Relations Page 

Most companies upload the list of unclaimed dividends/shareholders on their websites.

Step 2: Contact the Company’s Registrar & Transfer Agent (RTA)

Every company hires a Registrar & Transfer Agent (RTA) such as: 

  • KFin Technologies

  • Link Intime

  • Cameo Corporate Services

  • MCS Share Transfer Agent

  • MAS Services, etc. 

What you must do: 

  • Contact the RTA through email or phone.

  • Inform them that you want to recover unclaimed shares.

  • Request an Entitlement Letter, which confirms:

    • Number of shares transferred to the IEPF

    • Amount of unclaimed dividends

    • Verification that you are the rightful claimant  

Documents generally required: 

  • PAN

  • Aadhaar

  • Folio Number / Demat details

  • Old correspondence (if available) 

Step 3: Fill Form IEPF-5 on the MCA Website

Go to the Ministry of Corporate Affairs → IEPF Services section.

You need to fill in: 

  • Personal details (Name, DOB, Aadhaar, PAN)

  • Company name

  • Number of shares

  • Dividend details

  • Demat Account information (DP ID & Client ID) 

After submitting:

Download the IEPF-5 Form Save the Acknowledgement/SRN Number. These must be sent to the company later.

Step 4: Prepare Documents for Submission

Once IEPF-5 is filed, prepare the following:

Mandatory Documents 

  • Printed and signed IEPF-5 form

  • SRN/Acknowledgement copy

  • Entitlement Letter from RTA

  • Indemnity Bond (Stamp paper value depends on state rules)

  • Advance Stamped Receipt

  • PAN (self-attested)

  • Aadhaar (self-attested)

  • Cancelled cheque

  • Client Master List (CML) from your Demat account

  • Original share certificates (if you have physical shares) 

Additional Documents for Legal Heirs 

  • Death certificate of shareholder

  • Succession Certificate / Legal Heir Certificate / Registered Will

  • NOC from all legal heirs (if required)

  • ID and address proof of all heirs 

Step 5: Send All Documents to the Company’s Nodal Officer

Every listed company has a designated IEPF Nodal Officer.

You must courier or speed-post their documents to the company’s registered office address (given on the company’s website).

Example Format:

Nodal Officer – IEPF

Company Name

Registered Office Address

Email & Phone

The company will only start verification once they receive your complete set of documents.

Step 6: Company Verification Process

After receiving your documents, the company will: 

  • Verify your identity

  • Check the entitlement

  • Ensure documents are correct

  • Prepare a Verification Report 

As per law, companies must send this report to the IEPF Authority within 30 days.

Step 7: Approval by IEPF Authority

Once the IEPF receives the company’s report, they process your claim.

If approved: 

  • Shares are directly credited to your Demat account

  • Unclaimed dividends are released to your bank account 

Processing time can vary from 1 month to a few months, depending on accuracy and workload.

Challenges Faced by Legal Heirs

  • Lack of Clear Legal Documents: In absence of a Will or nomination, heirs must obtain a Succession Certificate, which takes time.

  • Mismatch in KYC Details: Differences in name spelling or outdated address records delay verification.

  • Missing Share Certificates: Additional procedures such as issuing duplicate certificates or giving an indemnity may be required.

  • Multi-Heir Claims: When multiple heirs exist, all must give consent or follow court procedures.

How Nomination Helps

If the deceased had registered as a nominee, the entire recovery process becomes much faster. Nominees do not have to obtain succession documents and can directly file a claim with basic identification proof.

Why Professional Help is Useful

Recovering shares from IEPF can be confusing because it involves many steps and legal documents. Small mistakes can lead to delays or rejection of your claim. Professionals understand the process well and make sure everything is filed correctly.

IEPF claims involve: 

  • Preparing legal documents

  • Getting verification from the company

  • Following rules under the Companies Act and IEPF 

That’s why many people take help from experts to avoid problems and save time. If you need any help with the IEPF share recovery process, you can contact Compliance Calendar LLP for guidance and support. 

Conclusion

Legal heirs have the full right to recover shares and dividends transferred to the IEPF after the death of a shareholder. However, the process involves multiple steps, legal documents, company verification, and strict compliance with the Companies Act and IEPF Rules. With proper paperwork, accurate KYC details, and timely follow-up with the company and IEPF Authority, legal heirs can successfully reclaim the rightful assets of the deceased shareholder. To avoid delays or mistakes, many families prefer taking professional assistance to ensure a smooth and hassle-free claim. If you need help with the IEPF share recovery process, Compliance Calendar LLP is available to guide you at every step.

Frequently Asked Questions (FAQs)

Q1. Can legal heirs claim shares transferred to the IEPF? 

Ans. Yes. Legal heirs, successors, or nominees can claim shares and dividends transferred to the IEPF. They must prove their relationship with the deceased shareholder through legal documents like a succession certificate, will, or legal heir certificate. Once documents are verified, the IEPF Authority releases the shares directly to the heir’s Demat account.

Q2. What documents are required for legal heirs to recover shares from IEPF? 

Ans. Legal heirs must submit ID proofs (PAN, Aadhaar), Demat details, original share certificates (if any), the death certificate of the shareholder, and legal documents establishing heirship. Additional documents like indemnity bonds, affidavits, and NOCs from other heirs may also be required. Incomplete documentation may delay the claim.

Q3. Is a succession certificate mandatory for claiming IEPF shares? 

Ans. A succession certificate is required only when there is no nominee and there are multiple legal heirs or a dispute. If a valid registered will exists, the Probate of Will may be used. If a nominee is registered, the process becomes easier and does not require a succession certificate.

Q4. How long does the IEPF share recovery process take? 

Ans. The process usually takes 3 to 8 months, depending on document accuracy and company verification. Delays may occur if KYC details are outdated, legal documents are missing, or multiple heirs are involved. Professional guidance can help speed up the process.

Q5. What happens if there is no nomination and no will? 

Ans. In such cases, legal heirs must obtain a Legal Heir Certificate or Succession Certificate from a court or competent authority. This proves their entitlement to the shares. The company and IEPF Authority will not process the claim without valid heirship documents.

Q6. Can multiple legal heirs jointly claim IEPF shares? 

Ans. Yes, multiple heirs can file a joint claim. However, they must either file together or provide NOCs in favour of one claimant. If heirs disagree, the IEPF will not release shares until the dispute is resolved legally through court orders.

Q7. What if the original share certificates are lost? 

Ans. If share certificates are missing, the claimant must submit an indemnity bond and may need to complete a duplicate share certificate issuance process with the company. Once verified, the company will confirm entitlement and forward the claim to IEPF.

Q8. Do legal heirs need a Demat account to receive recovered shares? 

Ans. Yes, heirs must have an active Demat account in their own name. IEPF directly credits the recovered shares into the claimant’s Demat account. Without a Demat account, the IEPF cannot release the shares.

Q9. Can rejected IEPF claims be filed again? 

Ans. Yes, if the claim is rejected due to missing documents or errors, it can be re-submitted after correcting the issues. The claimant must refile Form IEPF-5 and send complete documents again to the company’s Nodal Officer for verification.

Q10. Should legal heirs take professional help for IEPF recovery? 

Ans. IEPF claims involve legal documents, company verification, and strict compliance procedures. Professional experts help avoid errors, prepare proper paperwork, and coordinate with the company and IEPF Authority. For smooth recovery, legal heirs can contact Compliance Calendar LLP for complete support.

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