Celebrate Freedom with 10% OFF on CAclubindia Pro Membership. Subscribe Now!

Nature of possession of premises for Legal heirs

1161 views

Save Share

Ajju Dev

Software Engeneer

28 Points Posted on 21 April 2022

I am doing my business from home and I want to register for the GST number from my home address. My house is in the name of my father who passed away a few years ago.

I have a Legal heirship certificate with the legal heirs as My Mother, Myself, and my Siblings.

Can I use the legal heirship certificate as proof of ownership?

If not how can I register for GST?

Do I have to get NOC from all the legal heirs?

Replies (3)

Quick Summary

This discussion addresses the eligibility of using a legal heirship certificate as proof of ownership for GST registration when the property is inherited. While a legal heirship certificate confirms legal heirs, it doesn't grant ownership. It's suggested to try using the certificate for GST registration, but be prepared to obtain consent or NOCs from all legal heirs if required by the authorities. Selecting the 'shared property' option might also be necessary.

CA. Heet Shah

Tax Consultant & Practitioner

6195 Points Posted on 22 April 2022

Legal heirship certificate does not provides you the ownership of that property. So you cannot register from legal heirship certificate.

CA. Heet Shah

Tax Consultant & Practitioner

6195 Points Posted on 22 April 2022

Try once with legal heirship certificate if officer does not encounter technical issue in your application you may get the GSTIN. Otherwise you may need to take consent from all legal heir.