• Return filing for deceased person

My father expired in January 2021. His IT Return till FY 2019-20 has been submitted. But now I am unable to register my mother as legal heir in the new portal. How to file my father's Return in the new portal?

Also will copy of pension order mentioning my mother 
as family pensioner and letter from Bank identifying my mother act as sufficient proof of being her legal heir?
Asked 3 months ago in Income Tax

You have to file the return after registering the legal hair and also death certificate needs to be attached. No pension order wont affect.

If you want I can help.you on that. 

Vidya Jain
CA, Kolkata
956 Answers
48 Consultations

4.8 on 5.0

- It will take time to make all services functional on new portal. New portal is still in developing stage. Last date to file ITR for FY 2020-21 has been extended till 30.09.2021. Wait for some time to register your mother as a legal heir on new portal. 

 

Below documents are required for registration as a legal heir.

1. Copy of Death certificate

2. Copy of PAN card of deceased

3. Self-attested copy of PAN card copy of legal heir

4. Family pension certificate

Vivek Kumar Arora
CA, Delhi
4243 Answers
408 Consultations

5.0 on 5.0

Hello,

You will have to register your mother as Authorized Representative for filing the Return on Income Tax Portal and your mother will have to accept the request from her login.

 

Department may accept the above documents as sufficient proof of of being her Legal Heir.

 

In case of any further issues, you can get in touch with me.

Thanks

Bhagyashree Kankaria
CA, Pune
40 Answers
11 Consultations

5.0 on 5.0

A family pensioner order would be enough proof to add your mother as a legal heir for return filing purposes. But even I just checked, the option to add as the legal heir is not showing on the E-filling window. Maybe it's because the website is still undergoing many updates.

 

Well, a more practical though a little questionable workaround would be to file the return through your father's ID itself and E-verify the return with the help of aadhar OTP. This is the most suitable and hassle-free approach. Refund, if any would be given to your father's bank account only mentioned in the return filling column.

Nishith Kothari
CA, Udaipur
3 Answers

5.0 on 5.0

There are still some technical glitches in the ITD portal causing difficulties in making use of certain features. Hopefully, they will be resolved in the next 10 days. You may then try again. You may also take the help from the IT Department's helpline. 

B Vijaya Kumar
CA, Hyderabad
942 Answers
99 Consultations

5.0 on 5.0

Hi

 

The new income tax portal is not fully functional yet. You can update your mother as legal heir and file return later.

 

These documents with death certificate copy would suffice the requirements.

Lakshita Bhandari
CA, Mumbai
5572 Answers
661 Consultations

5.0 on 5.0

As of now the procedures for registering as a legal heir is a bit difficult on new portal for that your mother's profile needs to be 100% complete.

 

You can read more here: https://www.taxontips.com/how-to-register-as-a-legal-heir-on-e-filing-website-and-file-income-tax-return-who-can-register-as-a-legal-heir/

 

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you

Naman Maloo
CA, Jaipur
3893 Answers
52 Consultations

5.0 on 5.0

- Last date is 31.12.2021. Non filing will attract notice.

Vivek Kumar Arora
CA, Delhi
4243 Answers
408 Consultations

5.0 on 5.0

Hello,

 

Due date of filing of return for the Financial year in which the respective assessee is died is deadline for filing return of deceased. If date of death is in FY 2020-21 then due date is 30.09.2021.

 

Deceased may get notice for not filling of Return if Income threshold is crossed and it is taxable. In case, you have registered yourself as Legal Heir, then you will get access of the same and has to respond or take necessary action and comply with tax provisions.

 

If income is below taxable threshold then it is not mandatory to file the Return of Income. 

 

In case of any additional service, you can contact me for consultation or ITR filing.

Thanks

Bhagyashree Kankaria
CA, Pune
40 Answers
11 Consultations

5.0 on 5.0

The due date is 30 sep for FY 20-21. 

 

Repercussions would be interest on taxes due... And late fees for return filing.

Lakshita Bhandari
CA, Mumbai
5572 Answers
661 Consultations

5.0 on 5.0

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