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ITR filing of a deceased person

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Roonil Wazlib

21 Points Posted on 28 August 2024

Hello,

My father expired in april of current year.Before his demise,He sold an agri land and transferred that amount in my account.

I opened capital gains account in my name before due date and filed his ITR claiming capital gains exemption in 54b.His ITR is not processed yet.

I did not show the amount in my ITR as it is a transaction between close relatives.My ITR has already been processed with refund credited in my account.

Now I came to know that you have to register as legal heir to file ITR of a deceased person.

Will there be a problem in future because I didn't register myself as legal heir.Should I register myself as legal heir and file revised ITR of my father?

I filed the ITR in his name and show land sale amount exemption in 54b in his ITR.

Replies (2)

Quick Summary

This discussion addresses the complexities of filing an Income Tax Return (ITR) for a deceased individual, particularly when capital gains from property sales are involved. The original poster transferred funds from a land sale to their personal account before their father's demise and filed the father's ITR claiming exemption under section 54B. Concerns arise about not registering as a legal heir and the implications for the unprocessed ITR. Advice suggests that if the money transfer was from the deceased's account to the legal heir's, it might be treated as a gift, and the processed ITR could be left as is or revised. However, filing an ITR for another person, especially a deceased one, typically requires specific authorisation like a Succession Certificate, Will, or Release Deed.

jagdish chhugani

engineer

833 Points Posted on 30 August 2024

IF MONEY TRANSFERED FROM HIS ACOUNT TO YOURS NO PROBLEM, YOU CAN SHOW AS EXAMPTED INCOME AS GIFT SCHEDULE EI

IF RETURN PROCESSED FORGET IT OR YOU CAN FILE REVISED IF YOU LIKE.

to file ITR of a deceased person NEED AUTHORISATION OF PERSON.

jagdish chhugani

engineer

833 Points Posted on 10 October 2024

YOU NEED

Succession Certificate

Will

Release deed A release deed involves a transfer of right, title, and interest in the immovable property, and is considered valid only when it is signed by parties in the presence of witnesses, adequately stamped and registered

TO FILE ITR FOR OTHER PERSON YOU NEED DOCUMENTS Estate of Deceased UNDER

Register to Act on Behalf of Another Person

Court order appointing the executor/s or Will of the deceased in which the executor particulars have been furnished or written agreement of survivors appointing the Executor