To clear cheque by itr named died person

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This query is : Resolved

manish (Querist)

22 February 2016 Dear Sir, I want guidance from you, our relative file ITR for getting refund of TDS by ONGC. returns file as a legal hair but IT department had issue cheque on name of died person name.till it's OK but now problem is that how can that cheque clear of named died person. pls guide to us process of that cheque deposit method. thanks

Ganeshbabu K

Ganeshbabu K (Expert)

22 February 2016 Contact your jurisdictional AO along with relevant proof(legal heir certificate). After verification the Jurisdictional AO approves the legal heir claim, refund will be routed to your bank account.

manish

manish (Querist)

23 February 2016 but sir IT department CPC have been issued refund cheque and cheque issue on name of died person. and also I have already received refund cheque with name of died person. then in this situation how can I clear that cheque.and where it cheque deposit without bank account of died person.who had already died on 2007.pls guide urgent.

Aashok Kumar Sharma online

Aashok Kumar Sharma

(Expert)

02 August 2025 In your case, since the refund cheque is issued in the name of the deceased person, here’s what you should do to clear the cheque:

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### Steps to Deposit/Encash Refund Cheque in Name of Deceased:

1. **Obtain Legal Heir Certificate / Succession Certificate:**

* Get the **Legal Heir Certificate** or **Succession Certificate** from the local revenue authority or court.
* This certificate proves you are the rightful legal heir(s) of the deceased.

2. **Approach the Bank Where the Deceased Had Account:**

* Visit the bank branch where the deceased person held their bank account (if any).
* Submit the refund cheque along with the Legal Heir Certificate, death certificate, and a request letter for encashment or transfer of funds.

3. **Bank Procedure for Encashing Cheque in Deceased’s Name:**

* Some banks allow encashment of cheques in the name of the deceased if you provide the legal heir documents.
* If the deceased had a bank account, you may need to get the account transferred or joint account opened by the legal heirs.
* Alternatively, banks may insist on a **Probate of Will** or a **Succession Certificate** for large amounts.

4. **If Deceased Had No Bank Account or Bank Refuses:**

* You may need to approach the Income Tax Department (CPC or Jurisdictional AO).
* File an application with the IT department attaching Legal Heir Certificate and death certificate.
* Request reissuance of refund cheque in the name of the legal heir or direct credit to the legal heir’s bank account.
* This process may take time but is necessary to clear the refund legally.

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### Important Notes:

* Do **NOT** try to deposit or encash the cheque in your own bank account without bank approval. Banks are very strict on cheque clearing for deceased persons.
* Always keep copies of all documents submitted.
* Keep communication with the Income Tax Department and bank documented.
* You may seek help of a Chartered Accountant or legal expert if needed.

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