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Q. Legal Heir's certificate in Kolkata, can my sister file her deceased husband's ITR as representative assessee this year also,, having first time in last AY.

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Ashish Mitra

posted 8 months ago

Q.Legal Heir's certificate in Kolkata, can my sister file her deceased husband's ITR as representativ...
My late Brother-in-law expire in feb 2018 at Kolkata. For the AY2018-19, the gentleman who helps my elder sister / her late husband in fling ITR, Filed her HUSBAND's ITR with my Sister as REPRESENTATIVE assessee, but now says he did not upload his death certificate (possibly since he did not care to get a Legal heir's certificate ( or any equivalent alternative document required by Income TaX Dept.).

Since my brother-in Law's PAN card was not closed & some FD's etc still had his name as first investor till very recently, my brother-in-law's 26AS statement shows flows into his current 26AS statement of AY 2019-20 as on date in website. My brother-in-law's Jadavpur University Pension any way stopped on his death & my sister is now getting a family pension from from Jadavpur University.


1. Has Income Tax authorities by virtue of filing of ITR 2018-19 of my late b-in-law's by my sister as Representative assessee, CONSIDERED AUTOMATICALLY to have expired in AY2018-19?
OR Till such time his Death Certificate PLUS Legal Heir Certificate (or it's alternative), BOTH are submitted, they would not record his death in their records?

2. Can the Late b-in-law'ss PAN be closed now itself by my sister by appraching Brother-in-laws AO, OR only after Legal heir's certificate ( or any equivalent document acceptable by Income TaX Dept.) is obtained by my elder sister & then only can she approach AO?

3. Will my sister have to file Later husband's ITR for AY2019-20 as REPRESENTATIVE assessee ( 2nd time this year, she 1st time having filed last yr) this year also, since Late b-in-law's 26 AS shows some interest payments by banks etc.

OR My Sister has to add all Bank interest flows in her late husband's 26 AS statement this year, in to her ITR 2019-20 returns & do not bother about her husband's ITR?

4. If Legal Heir's Certificate is a must, thenhow can my sister get it fastest & with least physical effort, since she is NOT in very good health? What type of CAN SOME PROFESSIONAL SERVICE be available in Kolkata to get the OVER ALL issues solved and it's rough cost?
Thanks & rgds
Prof A K Mitra

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 8 months ago

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A. ) Better understanding Ur should approach any local charted accountant for better understanding

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 8 months ago

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A. ) Dear Sir,
Better consult Chartered Accountant for more accurate advise.

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