Should ITD provide facility to "nominate" legal heir to transfer eFiling Account. #ReducePaperwork

362 views 3 replies

Under section 18 of the Registration Act 1908, the registration of a will is optional even if it relates to immoveable property.

There is no provision which requires Registration of Will under the Income Tax Act, 1961 including section 159. 

It is difficult to understand then on what basis ITD Efiling website seeks a *registered* will for transfer of account of deceased assessee to legal heir.

Should a Memorandum by ICAI / CA Associations be submitted to the CBDT, Minsitry of Finance to provide a facility of *Nomination of legal representative u/s 159* under the Income Tax Act, 1961 for the purpose of transfer of account to such nominee on presentation of Death Certificate of the assessee in the like manner as Nomination provided by Banks & Financial Institutions. This may save a lot of paperwork.

Replies (3)

Good Idea.

Love it.

But how can nomination act be applied over it? when its not an ASSET!!

1. Nomination provisions are inserted in the governing act such as The Banking Regulations Act in the case of Banks or the Insurance Act in case of Insurance Companies.

2. Nomination provisions will have to be inserted in the Income Tax possibly as part of section 159 that deals with the provisions of Legal Heirs / succession.

3. We can say that Nomination will entitle one to receive Tax Refund (Asset) or make one pay Tax Liabilities (to the extent of assets received from the deceased). The process of Nomination under Income Tax Act may involve

a. Appointment as Nominee / Representative Assessee (eVerified in Like manner as ITR Filing)

b. Acceptance by Nominee as Representative Assessee (including Declaration to meet Tax Liabilities in accordance with Law) and eVerified in like manner as ITR Filing.

 

Yes, you are correct. The word may not be 'Nominee', but anything say "Attorney" like, which the assessee himself can appoint during his lifetime (having facility to change, if HE wishes); so that after his death all the heirs and specifically the one who legally tries to represent himself on behalf of the deceased save the trouble (as reported earlier by your).  A very good idea, at least it will save the time and all these jargon for the professionals.

APPRECIATE ...

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 28 June 2026
Article Assistant

Sharma Chetan And Company

Gurgaon

CA Inter

View Details
Company
ARTICLESHIP 16 July 2026
Article Assistant

G A R U D & Associates

New Delhi

CA Inter

View Details
Company
16 July 2026
CA Inter, CA Intermediate, CA IPCC, CA CPT , CA SemiQualifie

Vakilsearch.com

Chennai

CA Inter

View Details
Company
11 July 2026
CA semi qualified

Vakilsearch.com

Chennai

CA Inter

View Details
Company
Featured 24 June 2026
HEAD - AUDIT AND TAXATION

A R JADHAV AND ASSOCIATES

Mumbai

CA Inter

View Details
Company
Featured 16 July 2026
Semi Qualified Company Secretary

Vakilsearch.com

Chennai

CS

View Details
Company
ARTICLESHIP 30 June 2026
Article Assistant or Paid Assistant

VIKAS VERMA & CO

New Delhi

Others

View Details
Company
25 June 2026
Accounts & Taxation Executive

Dindukurthy & Associates

Hyderabad

MBA

View Details