Written by Pradnya Surana
Published on May 06, 2026 | 8 min read
Key Takeaways
A nominee is a person you designate to receive your shares and securities after your death. When you hold stocks, ETFs or bonds in a Demat account, those assets do not automatically pass to your family. Without a nominee, your legal heirs must go through a lengthy transmission process involving affidavits, indemnity bonds, succession certificates and significant paperwork that can take months or even years. Adding a nominee cuts through all of that. It ensures your investments reach the right person quickly, without legal disputes or unnecessary delays.
Most investors skip nomination during account opening because it feels like a task for later. That later rarely comes.
| Year | What Changed |
|---|---|
| 2021 | SEBI made nomination mandatory for all existing demat account holders. Deadline extended multiple times. |
| 2023 | Final deadline set. Accounts without nomination or an opt-out declaration were frozen for debits. |
| January 2025 | SEBI revamped the nomination framework. Limit increased from 3 to 10 nominees. Nominees could operate accounts during investor’s incapacitation. |
| March 2026 | SEBI proposed changes to roll back parts of 2025 rules, cap nominees at 4, simplify details, and make nomination the default. |
SEBI released a consultation paper on March 17, 2026, inviting public comments until April 7, 2026. Here is what is being proposed.
Change 1- Nomination is by default
Earlier, nomination was optional and many investors simply skipped it. Under the new proposal, when you open a new single-holding Demat account, nomination will be pre-selected as the default. If you do not want to add a nominee, you will have to actively opt out and provide digital consent through a pop-up declaration. For existing accounts without a nominee, brokers will be required to send periodic reminders via email and SMS until investors either add a nominee or formally opt out.
Change 2 - Maximum nominees reduced from 10 to 4
The January 2025 circular raised the nominee cap from 3 to 10, which now proposes bringing it back down to 4. SEBI reviewed industry account data and found that very few investors had added even three nominees. Raising the limit to 10 created operational strain on depositories without delivering real investor benefit. Both NSDL and CDSL would have needed to update their back-end systems, nominee management workflows and depository participant interfaces to support up to 10 nominees per account. The effort was considered disproportionate to actual investor usage. Under current NSDL and CDSL rules, nominees are registered at the Demat account level through the depository participant. Each nominee record is stored separately in the depository system with details like name, relationship and percentage share. A cap of 4 keeps this manageable for both depositories while covering the needs of the vast majority of investors. The maximum number of joint account holders remains unchanged at three.
Change 3 - Fewer mandatory details for nominees
Previously, adding a nominee required providing their full address, contact number, email address, ID proof details and the percentage share. SEBI acknowledged that this was causing investors to drop off during the account opening process. Under the new proposal, only two pieces of information are mandatory: the nominee's name and their relationship with the account holder. Everything else, including address, mobile number, email ID and the percentage share, is optional. This one change alone will significantly reduce the friction of adding a nominee, especially on mobile apps and during first-time account opening.
Change 4 - Nominees cannot operate your account during your lifetime
The January 2025 circular allowed a nominee to manage a demat account if the investor became physically incapacitated. However, implementing this was not straightforward. For NSDL and CDSL, it would have required new systems to verify incapacitation, maintain audit trails and train depository participants nationwide. The fraud risk and cost were too high. So SEBI has proposed removing this provision entirely.
The legal position is simple - A nominee's role begins only after the account holder dies. If you want someone to manage your investments during a serious illness, set up a Power of Attorney with your depository participant. It is the right tool for this situation.
Joint accounts work differently - In a joint demat account, when one holder passes away, the assets automatically transfer to the surviving holder. This is called survivorship transmission. Nomination only applies after all joint holders have passed away. Most joint account holders do not know this.
What happens without a nominee - Without a nominee on a sole-holder account, families need a succession certificate, indemnity bond and notarised affidavits to claim the assets. The process takes six months to over a year and can cost ₹20,000 to ₹50,000 in legal fees. With a nominee in place, the same transfer completes in weeks.
The April 7 public comment deadline has passed. SEBI is currently reviewing feedback before issuing the final circular. No final notification has been published as of May 2026. The January 2025 rules remain in effect until then. If you have not added a nominee yet, do it now. It takes two minutes and protects your family from months of paperwork later.
| Factor | Before Jan 2025 | Jan 2025 Rules | March 2026 Proposal |
|---|---|---|---|
| Maximum nominees | 3 | 10 | 4 |
| Nomination at account opening | Optional | Optional | Default (opt-out required) |
| Mandatory nominee details | Full details | Full details | Name and relationship only |
| Nominee operating account during investor's lifetime | Not allowed | Allowed (with conditions) | Removed |
| Percentage if not specified | Equal distribution | Not clarified | Equal distribution |
| Reminders for accounts without nominee | Not specified | Not specified | Yes, via SMS and email |
If you already have a Demat account with Upstox and have not added a nominee yet, here is how to do it
Open the website/mobile app and go to your Profile.
Select Account Settings and then Nominee Details.
Enter the nominee's name and relationship. Other details are optional.
Specify the percentage share if you are adding more than one nominee.
Verify using OTP and confirm. The process takes under two minutes. You can add, change or remove nominees at any time.
Your nominee can be any individual, including a spouse, parent, child, sibling or any other person you trust. A minor can also be nominated, provided you also specify a guardian who will manage the assets until the minor turns 18. Non-individuals such as companies, partnership firms, HUF Karta, trusts or societies cannot be nominees.
Under the current rules, you must either add a nominee or explicitly opt out of nomination. Under the proposed March 2026 rules, nomination will be the default when opening a new account and you will need to actively opt out if you do not wish to nominate.
Under the January 2025 rules, you can add up to 10 nominees. Under SEBI's proposed March 2026 changes, this will be reduced to 4, in line with banking norms
No. A nominee specifically named individual. Legal heirs are determined by your will or by succession laws. In practice, they are often the same person, but legally they are different roles.
Yes. You can update, add or change nominees at any time through your broker's app or website. The process is instant online.
Under the proposed rules, the assets will be divided equally between both nominees by default.
Yes, but you must also provide the guardian's details. The guardian will manage the assets until the minor turns 18.
The nominee will typically need to submit a death certificate, a nomination claim form, their own KYC documents and an indemnity bond. The exact documents depend on the depository participant and the value of the assets.
About Author
Pradnya Surana
Sub-Editor
is an engineering and management graduate with 12 years of experience in India’s leading banks. With a natural flair for writing and a passion for all things finance, she reinvented herself as a financial writer. Her work reflects her ability to view the industry from both sides of the table, the financial service provider and the consumer. Experience in fast paced consumer facing roles adds depth, clarity and relevance to her writing.
Read more from PradnyaUpstox is a leading Indian financial services company that offers online trading and investment services in stocks, commodities, currencies, mutual funds, and more. Founded in 2009 and headquartered in Mumbai, Upstox is backed by prominent investors including Ratan Tata, Tiger Global, and Kalaari Capital. It operates under RKSV Securities and is registered with SEBI, NSE, BSE, and other regulatory bodies, ensuring secure and compliant trading experiences.