Filing of the return of the deceased person

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

16 July 2013 XYZ is died and there is no will for the investment held on deceased & investments are in the form of share, bond & mutual fund and loans & Advances.
For transferring all this assets to deceased wife what type of declaration and document are required to purpose from the legal point of view?
In deceased family there are his wife, son and son's Family.
Please provide the guidance from the point of hindu laws? The return of the deceased assessee was filed by his sole son for the period of the F.Y.2011-12. After one year of the death, still assets are standing on the name of the Deceased assessee. How many years income tax is allowed to file the return on the name of the deceased assesssee and who can filed? What letter is required to file along with the onine filing return? Kindly support the guidence with section .

Ganeshbabu K

Ganeshbabu K (Expert)
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16 July 2013 It is better you to consult an advocate..

you need to file a petition in district court for succession certificate and better do the process of changing assets in the name of successor.

Refer below article and i recommend you to read the comments to my article also

https://www.caclubindia.com/articles/how-to-register-as-a-legal-heir-to-do-e-filing-on-behalf-of-deceased-17121.asp

Thanks & regards
Ganesh babu k

C A S.S.Agarwal, M.Com.,LL.B,

C A S.S.Agarwal, M.Com.,LL.B, (Expert)
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25 August 2013 Yes you have to apply for sucession certificate by giving the name and addres of the property. In case of bank accounts if nomination is there then get it transferred in the name of the nominee and this property should not be included in succession certificate as you have to pay the duty for succession certificate.

Generally if no objection is received within 6 months then the order is passed and in case of objection from any relative then it takes time to prove the ownership of that relative who has filed objection in transfer of the assets of the deceased.

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