Filing of IT return on behalf of deceased

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This discussion addresses the process of filing an Income Tax (IT) return on behalf of a deceased individual to claim Tax Deducted at Source (TDS). The initial advice suggests obtaining a legal heir certificate from the court. However, when this proves difficult, alternative avenues like approaching the Tahsildar or municipality are explored. It's clarified that an affidavit from a notary is insufficient, and the municipality should ideally issue the certificate for residents within its jurisdiction.

Divesh Shah

Divesh Shah (Querist)

11 January 2021 My neighbour lost her husband in Apr 20, his IT return needs to be filed to claim TDS of previous year. I was informed that a legal heir certificate from court needs to be obtained and registered after which alone she will be able to file the husbands ITR as representative assessee. Courts are not issuing such certificates. How can she file her husbands ITR ? Please guide.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

11 January 2021 Legal Heir certificate can be obtained by approaching the area/taluk Thasildhar, or from the corporation/municipality office of the respective area.

Divesh Shah

Divesh Shah (Querist)

16 January 2021 Dear Mr Seetharaman
Thanks for the info, but at Municipality they are providing only for government servants.
Can an affidavit from Notary suffice ?

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

16 January 2021 Affidavit will not suffice. Municipality should issue legal heir certificate to all residing in its jurisdiction.

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