Incoem tax filing of deceased

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Quick Summary

If your father has passed away with income to declare for FY 2020-2021, you generally need to register as a legal heir to file his income tax return. If you encounter difficulties registering due to a non-cooperating heir, you can lodge a grievance. As an interim measure, contact your local Income Tax Officer (ITO) directly to request permission to file the return, possibly in hard copy, to avoid non-compliance issues.

Ganesh

Ganesh (Querist)

08 November 2021 Hello,

My father passed away this month and he has considerable income including Cap gains for FY 2020-2021.

Can I just log on to his account online and pay taxes and file taxes instead of registering as legal representative and filing as representaative assesee?

Thanks

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

09 November 2021 No, register as legal heir and file ITR.

Ganesh

Ganesh (Querist)

09 November 2021 What if I cannot register as Legal rep since one of the heir is not co-operating and signing the indemnity bond that is required to register as Legal rep?

Dhirajlal Rambhia

Dhirajlal Rambhia

(Expert)

09 November 2021 Very typical case.
Though other legal solutions can be sought, but file complaint under 'Grievance' for not able to file return for such issue.
Meantime write directly to Jurisdictional ITO, seeking permission to file ITR (be it hard copy), so that you may be safe from compliance of non-filing the ITR.

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