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Pensioner with Taxable Salary Passed Away: How to Obtain Legal Heir Certificate and File ITR?

T S Khurana

T S Khurana   |393 Answers  |Ask -

Tax Expert - Answered on Oct 18, 2024

A certified management accountant since 1993, T S Khurana is a fellow member of The Institute of Cost Accountants of India. His areas of expertise are income tax, specifically litigation cases, and GST.

Since the last 21 years, he has also been providing expert advice on financial matters, including investments and diversification of funds, and wealth building in the long term to his clients.
He believes that investment in real estate is the safest way for better returns and wealth generation over a period of time.

A former chairman of the Chandigarh Chapter of Institute of Cost Accountants of India, T S Khurana has also served as member of its technical committee.... more
Chandran Question by Chandran on Oct 07, 2024Hindi
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After a period of hospitalization, a Pensioner with taxable salary expired before filing the ITR. As per a regd Will, the heir took initiatives and as a preliminary act, the death certificate was submitted in the bank and the pension was stopped. Now to clear the formalities, the bank is asking for legal heir certificate(LHC) from the revenue dept. The revenue department is asking for the original registered Will in order to issue the LHC. The Will is in the above bank locker and the Bank will not allow to open and take out the original Will unless the LHC is produced. The Bank has also declined to provide the Form16 and Form 16A which would have helped in filing the already belated ITR for FY23-24. In short, the apparent heir is trapped in a "Chakravyuh". Is there any way out? Please advise.

Ans: 01. Please find your father's tax details from Income Tax site (AIS, TIS & Form 26AS). Add the details which you have from his bank accounts & other relevent documents available with the family.
Compute his Income Tax liability & pay tax on his behalf.
This will clear your tax liability.
You also need to file his ITR, as a representative assessee. However, this may require certain formalities, if you can complete. Otherwise, wait for the registered will & then proceed.
02. You can get a copy of Registered WILL of your father, from the Registrar's Office, where it was Registered. You can then proceed further to process/settle your other issues.
Most welcome for any further clarifications. Thanks.
DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.
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Asked by Anonymous - Mar 06, 2025Hindi
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Can I retire at age of 50 years? My savings are cash in Bank around Rs 2 Cr with nominal FD returns, Have Physical Gold about 3 Kg (Purchase price 1.8 Cr), Have Ornament Gold about 2.3 Kg (Purchase price 1.2 Cr), Have Unlisted NSE stock worth 1 Cr, Have Pre IPO Opportunities Fund worth Rs 80 Lakhs, Have two apartments worth 3 Cr and 1.5 Cr with combined rental of Rs 1Lakh per month, Have residential plot worth 1.5 Cr, Have one house abroad worth 6 Cr and rental 2 Lakhs per month, Have cash in Offshore Bank in dollars i.e. worth Rs 12 Cr with nominal FD returns, Have Insurance schemes worth Rs 20 Lakhs and Lastly have a house worth Rs 18 Cr in which we currently reside. Our Expenses : We have no Loans/Debts, Our Average Monthly Expenses are Rs 8 Lakhs, Health Insurance Rs 1.5 Lakhs per annum, Total College Education abroad for 2 kids for next 6 years estimated to be Rs 6 CR on an average 1CR per year, Old Aged Parents Expenses Rs 2 Lakhs per month.
Ans: Hello;

Just summarizing your assets available for generating retirement income:

1. Domestic FD: 2 Cr
2. Gold(3 Kg) valued at~:2.64 Cr
3. Jewellery valued at~:2 Cr
4. Flat1: 3 Cr
5. Flat2: 1.5 Cr
6. Land: 1.5 Cr
7. Overseas House: 6 Cr
8. Overseas FD: 12 Cr
9. Self occupied property: 18 Cr
10. Stock & AIF: 1.8 Cr
Total: 50.44 Cr
(Gold price considered: 88 K per 10 gm)
However we can subtract assets at serial no. 3, 7 and 9 from this and we get a corpus of 24.44 Cr. The 44 L may be kept aside for transaction costs, taxes etc.

It is advisable that you sell the flats in India offering low rental yield and also physical gold and the land property.

Now the corpus of 24 Cr may be split into two parts:
20 Cr may be invested in MFs for SWP at 5% yielding post tax income of around 7.3 L per month.

4 Cr may be used to buy immediate annuity from a life insurance company. Assuming 6% annuity rate you may expect a post tax monthly income of 1.4 L.

So your post tax monthly income may be:
7.3+1.4+2*=10.7 L as desired.
*Rental from overseas House

Since the kid's higher education is not finding place here I suggest you work for few more years, while putting this retirement income plan in place, for funding their higher education.

Best wishes;
X: @mars_invest

...Read more

DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

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