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ITR filling for legal heir

ITR 506 views 2 replies

I have a question, one of my friend husband passed away and now she want to become legal heir and file the last income tax return but she don't have legal heir certificate, so how can she becomes legal heir like any other document which can be support her to become legal heir, earlier she has applied based on marriage certificate but department has rejected. 

 

Any practical advice if anyone is aware?

Replies (2)
Quick Summary
To file ITR of a deceased person, the spouse must register as legal heir. Marriage certificate alone isn't valid-submit death certificate plus proof like legal heir certificate, surviving member certificate, will, or bank nominee proof.

Marriage certificate alone may not be sufficient for approval as legal heir on the income tax portal. She should register as Representative Assessee / Legal Heir from her own e-filing login and upload PAN of deceased, death certificate and accepted legal heir proof. Accepted proofs include legal heir certificate, surviving family member certificate, registered will, family pension certificate, or a bank letter mentioning her as nominee/joint account holder. Practically, the fastest option is to obtain a surviving family member certificate from the local revenue authority, or if she is nominee/joint holder, get a proper bank letter and apply again.

In case of death of an assessee, the Income Tax Return must be filed by the Legal Heir / Legal Representative under Section 159 of the Income-tax Act.

The application was rejected because marriage certificate alone is not accepted as valid legal heir proof on the Income Tax Portal.

✔️ What to Do

  1. Obtain any one valid document:
    • Legal Heir Certificate (Tehsildar/Revenue Authority)
    • Surviving Family Member Certificate
    • Registered Will / Court Order
    • Family Pension Certificate or Bank nominee certificate

(Death Certificate is mandatory.)

  1. Login on Income Tax Portal using wife’s PAN →
    Authorized Partners → Register as Representative Assessee → Deceased (Legal Heir)
  2. Upload documents and wait for approval.
    After approval, she can file the final ITR of the deceased.

👉 Practical tip: Apply for a Surviving Member Certificate — usually the fastest accepted proof. - Setindiabiz


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