Tax filing in case of death

ITR 1368 views 1 replies

Hi,

I have certain questions on the tax filing for an assessee who has died in current financial year. Taking an example, if an assessee dies on 1st Sept 2011:

1. Its the legal representatives who should be filing the return. Who are legal representatives / hiers ? What if the person who dies has not made an will?

2. How would the return be filed? All income uptil 1st Sep2011, in the deceased person's name & for the balance period in legal representatives name?

3. In absence of will, does the property of assessee, goes by default to the spouse? What guides the principle of distribution of assets in absence of will? It is purely a mutual agreement?

4. Can the legal representative still take the benefit of 80C & other deductions after the death of assessee?

 

Replies (1)

-It is the legal representative who should file the return of the deceased assessee.

-Incase the deceased person has not made a will,legal heirs has the responsibility of filing return.

-Legal representatives/legal heirs are the persons to whom properties are to be passed as per will or agreement or who is having a share in property.

-Incase of absence of legal representative/legal heir,filing of return is to be made by the beneficiary of the property.

-The return of income of the deceased person  has to be clubbed together along with the return of legal representative/legal heir/beneficiary.

-The legal representative can claim deductions of the deceased person u/ch vi A.


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