Tax filing for a deceased peron by a legal representative

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24 Points Posted on 21 February 2012

My brother passed away in Dec' 2005. Till financial year 2010-2011, his wife is filing income tax as a legal representative.

I asked my friend who is CA - he told there is nothing wrong in filing tax by LR.

I have tried googling it, but could not find any number of years, till which it can be filed by LR.

I feel LR can file just for that financial year he died; but after that it needs to be stopped.

Property/ Capital should be transferred to the legal heirs/  or as per the WILL.

Please let me know if she should stop filing tax or can she continue as a LR.

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On 21 February 2012 at 23:07 Report
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Chartered Accountant
2731 Points Posted on 22 February 2012

As long as income is assessable to the deceased person, LR has to file that person's return and infact personally liable for the tax liability of the deceased...!!!

But i wonder, what kind of income is assesssable to the deceased for so long after his death.??!!! Because till this time, any benifit accruing to teh deceased before his death is transferred to the next legal heir..!!

 

But this is true., LR is liable to file return and also liable to pay tax.!!!

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On 22 February 2012 at 12:04

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