Capital Gain Withdrawal

My Father sold his Property worth 39L in August 2019 & deposited money into the Capital Gain SAVINGS ACCOUNT (NOT Fixed Deposit) in March 2020.

Sadly he passed away in December 2020 due to prolong illness.

Upon contacting the Bank (IDBI), they handed over FORM-H and ask to get it signed from IT Accessing Officer of our area.

Now kindly guide us through the all the necessary documents needed before approaching the AO.

Will the Surviving Member Certificate be enough ?

Or we should apply for some more documents ?

I am the Nominee in that Capital Gain Account.

My Father left us with NO Will.

Also how Surviving Member Certificate is different from Legal Heir Certificate ?

And How I can obtain it as on Edistrict-Delhi website, there's only option for Surviving Member Certificate

I'm sorry to hear about your loss. Regarding your father's Capital Gains Savings Account and the procedure to get Form H signed by the Assessing Officer (AO), here is a detailed guide:

1. Purpose of Form H

Form H is a declaration filed by the bank to claim exemption on capital gains if the proceeds are deposited in a Capital Gains Account Scheme.
The bank requires the form to be signed by the AO where the seller (your father) filed his income tax returns.

2. Documents Needed to Approach AO for Form H

Since your father passed away and you are the nominee, the AO needs to verify your authority to act on behalf of your father’s legal estate.

Documents typically required:

Document	Purpose/Explanation
Death Certificate	To prove the demise of your father
Surviving Member Certificate	To prove you are the surviving member authorized to act on the account
Legal Heir Certificate (if available)	Proof of legal heirship; sometimes required if no will
Identity Proof of nominee (yourself)	To prove your identity
Copy of your father's PAN Card	For AO’s reference
Copy of Capital Gains Account passbook	To verify the account details
Affidavit / Indemnity Letter	Sometimes AO or bank may ask for a declaration from nominee

3. Surviving Member Certificate vs Legal Heir Certificate

Surviving Member Certificate: Usually issued by the bank or authority to declare that you are the surviving nominee/member on the account. It only proves you are next in line to manage the specific account.
Legal Heir Certificate: Issued by the revenue department or local authorities, it establishes you as the legal heir of the deceased for all legal and inheritance purposes.
For Form H and bank formalities, Surviving Member Certificate may suffice.
For property and other inheritance matters, Legal Heir Certificate is often required.

4. How to Obtain Legal Heir Certificate in Delhi

If only Surviving Member Certificate option is showing on Delhi eDistrict portal, you may need to apply for Legal Heir Certificate separately.
Process involves submitting an application to the District Magistrate / Tehsildar office with death certificate, identity proof, and an affidavit.
You can visit the local Tehsildar office or check if there is a separate application for Legal Heir Certificate on the portal.

5. Next Steps for Form H

Collect the documents mentioned.
Visit your father’s Income Tax Assessing Officer’s office with these documents.
Explain the situation and request signing of Form H for your father’s Capital Gains Account.
AO may verify and sign Form H, allowing the bank to exempt the capital gains from tax.

Summary:

Step	Action
Obtain Death Certificate	Mandatory
Obtain Surviving Member Certificate	Usually sufficient for bank/Form H
Consider Legal Heir Certificate	Recommended if dealing with other inheritance issues
Collect ID proofs and account documents	For AO verification
Visit AO office	Submit Form H and documents for signing