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Inheritance & Estate

Moving a late parent's Indian shares and mutual fund units into your name as an NRI heir

Your parent held shares in a demat account and some mutual fund folios, and you need them in your name, but the registrar keeps asking for forms and you're not even sure where to send them.

A parent has died holding shares in a demat account and a few mutual fund folios, and you are the heir, living abroad. Unlike a bank balance you can sometimes simply withdraw, securities have to be formally re-registered into your name before you can do anything with them. This is called transmission, and it runs through the depository participant for the shares and the registrar (the RTA) or the fund house for the mutual funds. The forms differ depending on whether you were named as nominee, whether there are joint holders, and how much the holding is worth. On top of that, as an NRI you usually cannot just receive the units into a resident account. You need your own NRO demat and an updated KYC. It is a process with several moving parts, and getting the route wrong at the start adds weeks.
Last reviewed: 27 August 20269 min readReviewed by Preetesh Maloo, CA

The short answer

Transmitting a deceased person's Indian shares and mutual fund units to an heir is a re-registration, not a sale, and India levies no inheritance tax, so the transmission itself is not a taxable event. The route depends on whether there is a nominee or joint holder (simplest), and on the value: below the limits SEBI sets you need only an indemnity and an affidavit-cum-NOC, and above them a Will, a legal heirship certificate or a court instrument, each with an indemnity. As an NRI heir you usually need your own NRO demat account and fresh KYC before the shares can be moved in. Your cost and holding period carry over from the deceased (Section 49(1)), so when you later sell, the gain is computed from their original cost, not zero, making transmission the moment to capture those figures.

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Transmission is a re-registration, not a sale

The word to hold onto is transmission: the securities are re-registered into the name of the person entitled to them, not sold. For shares held in demat form this runs through the depository participant, meaning the broker or bank where the account sits. For mutual fund units it runs through the registrar and transfer agent, usually CAMS or KFintech, or through the asset management company directly.

Because it is a re-registration and not a disposal, transmission is not itself a taxable event. India has no inheritance tax, and the receipt of an inheritance is not treated as taxable income (the relative / on-death exclusion in Section 56(2)(x)), so moving your parent's shares and units into your name creates no tax bill. The tax question only arises later, if and when you sell. That is an important distinction, because families sometimes delay transmission for fear of a tax hit that does not exist.

What transmission does require is proof: proof that the holder has died, and proof that you are the person entitled to the securities. The exact proof depends on how the holding was set up and what it is worth, which is the next thing to pin down.

How much it is worth decides the paperwork

On the legal-heir route, with no nominee and no joint holder, what you have to produce turns on the value of the holding. SEBI doubled those limits with effect from 22 August 2026, and a court order is now only one of three routes even above them.

The full decision tree, the current figures and the document set for each route are on the no nominee and no will page, which is where that question is answered properly. There is no point in two pages carrying the same table and drifting apart the next time SEBI moves.

One planning point belongs here rather than there. If a succession certificate is being obtained anyway for bank deposits, the same certificate usually serves the securities too, so mapping the whole estate before starting avoids running two court processes for one family.

An NRI heir needs an NRO demat and fresh KYC

There is a step that catches NRIs specifically. The securities cannot usually be transmitted into a plain resident account once you live abroad. They need to land in an account that matches your status. For shares, that means your own NRO demat account; for mutual funds, units are transmitted into a folio held on a non-resident (typically NRO) basis. If you don't already hold one, opening it, with full KYC: PAN, passport, visa or residence proof, overseas address, and FATCA / CRS declarations, is part of the transmission, not a separate afterthought.

Your parent's KYC does not carry over to you; the KYC that matters is yours, as the receiving heir, and it has to reflect your non-resident status. Where your own PAN or KYC has lapsed or still shows a resident status from years ago, that has to be corrected first, or the transmission stalls at the account stage.

The reason to sort this early is sequencing: the RTA and depository will not complete the transmission until there is a compliant account to move the securities into. Lining up the NRO demat and the KYC in parallel with assembling the death and heirship proof keeps the process moving rather than hitting a wall at the final step.

Why the carried-over cost matters at transmission, not just at sale

When you eventually sell the transmitted shares or units, your cost is not zero and it is not the value on the date you inherited them. Under Section 49(1) you step into the deceased's shoes. Their original cost of acquisition becomes yours, and the holding period includes the years they held the asset, so a long-held holding is almost always long-term in your hands.

This is why transmission is the right moment to capture the cost history, even if a sale is years away or not planned at all. The original contract notes, the purchase price and dates, any bonus or rights issues, the consolidated account statement (CAS). These are far easier to reconstruct while the folios are being touched than to dig out later. For listed shares bought before 1 February 2018 there is a further protection: the gain is measured from the higher of the actual cost or the share's value on 31 January 2018, so that value is worth recording too. It sits in the capital-gains rate provision, Section 198 of the Income-tax Act 2025, formerly Section 112A.

The transmission itself triggers no tax. But the figures you secure during it are exactly what keeps a future sale from being taxed on an inflated, zero-cost gain, so the discipline at this stage pays off whenever the heir decides to sell.

A worked example: a daughter transmitting her father's demat and folios

Priya, an NRI in the US, is the heir to her late father's holdings in Mumbai, shares in a demat account at one broker and three mutual fund folios. Her father had named her as nominee on the demat account but on only one of the three folios; the other two had no nominee and no joint holder.

The demat shares and the one nominated folio transmit on the lighter path: a transmission request, the death certificate, and Priya's KYC. For the two un-nominated folios, the value limit decided the route. They sat below it, so they moved on a legal-heir certificate, an indemnity and one combined affidavit-cum-NOC signed by her siblings, with no court document. Had they been larger, a succession certificate would have been demanded. In parallel, because Priya is an NRI, her practising CA made sure she had an NRO demat account with current KYC reflecting her US residence, so the shares had a compliant account to land in. As each holding moved into her name, the CA recorded her father's original cost, the purchase dates and the 31 January 2018 reference value for the listed shares, so that if Priya ever sells, the gain is computed from her father's cost under Section 49(1), not from zero. No tax arose on the transmission itself. The KYC, the cost capture and the tax side were the CA's; the affidavits and any court step, had one been needed, sit with the lawyer.

What's involved

What the CA actually does

  1. 1

    We work out the transmission route for each holding

    We go through each demat account and mutual fund folio and establish how it was held, joint holder, nominee, or neither, so you pursue the right transmission path for each instead of treating them as one undifferentiated pile.

  2. 2

    We test each holding against the August 2026 limits

    On the legal-heir route, we establish the current simplified-transmission limit for the depository and the RTA involved, so you know upfront whether a holding can move on an affidavit-and-indemnity basis or whether a succession certificate or probated will is going to be demanded.

  3. 3

    We set up your NRO demat and fix the KYC

    Because the securities have to land in an account that matches your non-resident status, we make sure you have an NRO demat account and that your own KYC and PAN status are current, so the transmission doesn't stall at the account stage.

  4. 4

    We capture the carried-over cost while the folios are open

    We record the deceased's original cost, dates, bonus and rights history, and the 31 January 2018 reference value for listed shares, so that under Section 49(1) a future sale is computed from the right base, far easier to do now than to reconstruct after a sale.

  5. 5

    We coordinate with the certificate route and the wider estate

    Where a succession certificate or probated will is needed, the court step is legal work. We hand the advocate a clean, valued schedule and make sure one certificate serves both the securities and the bank assets, rather than running two parallel processes.

What to have ready

Documents you'll typically need

  • Death certificate of the deceased holder (several certified copies)
  • The transmission request forms for the depository / RTA / fund house
  • Demat statement and consolidated account statement (CAS) showing the holdings
  • Mutual fund folio numbers and statements
  • Proof of how each holding was set up, nominee or joint-holder details
  • Where there is no nominee: affidavit, no-objection from other heirs, indemnity
  • Your NRO demat account details and current KYC (PAN, passport, overseas address)
  • The deceased's original cost / contract-note records, for the future-sale base

Your destination country can change the details

Requirements differ from one consulate, university and visa route to the next, how recent the figures must be, how long funds must have been held, and which certificates are mandatory. We assemble the documents around the exact checklist you're applying under. To see how India's tax treaty with your country of residence affects related filings, set your country below or compare all 46 countries.

References on this page

  • Transmission of securities, re-registration of a deceased holder's shares / units to the heir
  • SEBI simplified-transmission value limits, above which probate / succession / legal-heir proof is sought
  • Nomination vs legal-heir route. The operational path the RTA / DP / AMC follows
  • Section 49(1), cost of acquisition carries over from the deceased to the heir on a later sale

Frequently asked questions

Common questions

No. Transmission is a re-registration of the securities into your name, not a sale, and India has no inheritance or estate tax, so moving the shares and units to you creates no tax bill. Tax only arises later, if and when you sell, and even then the cost and holding period carry over from your parent under Section 49(1), so the gain is computed from their original cost rather than from zero.

Not always, and less often since 22 August 2026. With a surviving joint holder the death certificate alone is enough. With a registered nominee, a transmission form and the death certificate. Only on the legal-heir route, and only above Rs 10 lakh per company for physical shares or Rs 30 lakh per demat account, can a succession certificate be demanded. Those limits doubled in August 2026, so a holding that needed court papers last year may not now.

Usually not. Once you live abroad, the securities have to land in an account that matches your non-resident status, for shares, your own NRO demat account; for mutual funds, a folio held on a non-resident basis. You'll need fresh KYC in your own name (PAN, passport, overseas address, FATCA / CRS declarations) reflecting your NRI status. Your parent's KYC does not carry over, and a lapsed or resident-status KYC of your own has to be corrected first or the transmission stalls.

Your parent's original cost of acquisition, not zero and not the value on the date you inherited. Under Section 49(1) you step into their shoes, and the holding period includes the years they held the asset, so the gain is usually long-term. For listed shares acquired before 1 February 2018, the 31 January 2018 grandfathering value under Section 112A can also feed into the cost. This is why transmission is the moment to capture the cost history, while the folios are being touched.

They fit together. Mapping the estate is the discovery step, finding every demat account and folio in the first place. The succession certificate is the court document some transmissions need above the value threshold. This page is the actual re-registration: the forms, the route per holding, the NRO demat and KYC, and the cost capture. Where a succession certificate is needed for bank deposits anyway, the same certificate usually serves the securities, so the steps are coordinated rather than duplicated.

Yes, holding by holding. The folios and demat accounts where you are the registered nominee transmit on the lighter path. A transmission form, the death certificate and your KYC. The ones with no nominee and no joint holder fall onto the legal-heir route, where below the limit (Rs 10 lakh per company physical, Rs 30 lakh per demat account) you move them on a notarised indemnity and one combined affidavit-cum-NOC, with no legal heirship certificate needed, and above it you add a Will, a legal heirship certificate or a court instrument. We handle each holding on its own footing.

The exceptions that change the answer

Where the general rule stops applying to you

Every rule below has a carve-out, a cut-off date or a condition that flips the answer. These are the ones that decide real cases.

Grandfathering date for listed equity acquired before the s.112A regime

Right now: 31 January 2018 fair market value

Where it works differently

Shares were held on 31 January 2018
Cost is the HIGHER of actual cost and the 31 Jan 2018 FMV, but capped at the actual sale consideration, so grandfathering can never create a loss.
Clause (a) of the s.112A computation.
The 2024 rate change happened
Grandfathering survived it. The rate moved 10% to 12.5%; the 31 Jan 2018 base did not change.
Finance (No. 2) Act 2024 left the cost rule intact.

Commonly got wrong

  • The 2024 changes removed the 31 January 2018 grandfathering. They changed the rate, not the cost base.For shares held on 31 January 2018, cost is still the higher of actual cost and the 31 Jan 2018 fair market value, capped at the sale price.

India's automatic exchange of financial account information

Right now: FATCA in force: Indian banks and funds report US persons' accounts to the IRS via India's Form 61B channel

Where it works differently

A US-citizen or green-card-holder NRI holds an Indian bank or mutual-fund account
The account is reported to the IRS under FATCA even though the person files Indian returns as an NRI. It is dual reporting, not either/or.
FATCA reporting turns on US-person status, independent of Indian residential status.

Commonly got wrong

  • CRS covers the US too, so a US-based NRI is exchanged under CRS. The US is not a CRS participant. US persons are caught only under FATCA.A UK, UAE or Canada NRI is reported under CRS; a US-person NRI is reported under FATCA.

Primary residence test: days in India

Right now: 182 days

Where it works differently

The person is an Indian citizen leaving India for employment abroad, or as a crew member of an Indian ship
Only the 182-day test applies. The 60-day secondary test is disabled.
Explanation 1(a) to s.6(1)
Counting days
The day of arrival AND the day of departure both count as days in India.
Settled administrative practice; partial days count as whole days.
The financial year straddles a move
Residence is decided for the WHOLE financial year, not from the date of the move. India has no split-year concept, unlike the UK.
s.6 is a full-year test.

Commonly got wrong

  • You become an NRI the day you leave India. True for FEMA, false for income tax. Under FEMA residence changes on departure with intent; under the Income-tax Act it is a full-year day count.Name which law you mean. Say 'non-resident under FEMA from the day you leave' or 'non-resident for income tax if you are in India under 182 days in that financial year'.
  • India has split-year treatment. It does not. Only the treaty tie-breaker resolves a dual-residence year.Point to Article 4 of the relevant DTAA.

Need a late parent's Indian shares or funds moved into your name?

Tell us what the demat and folios hold and how each was set up. A practising CA will map the transmission route, sort your NRO demat and KYC, and capture the cost for a future sale, on a free call, no obligation.

No card, no obligation. All certification and filing work is handled by ICAI-registered practising Chartered Accountants.