Question And Answer
Subject: legal heir
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Querist: rajesh popli
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Date: April 1, 2023
Query asked by rajesh popli

SIR In my case I applied for approval of a legal heir after six months they have not approved. now notice has been issued on son with non-pan who has only informed that my father has expired on dated ……..  . IS this proceeding correct when we have already applied as legal heirs in the mother’s hand? no proceeding is done on the mother

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Answer given by

Registration as a legal heir is mandatory on behalf of the deceased person. The PAN of both the deceased person and legal heir should be registered, however, if the deceased person’s PAN is not registered, then the legal heir can register on behalf of the deceased.
The Applicant who is a Legal heir has to make an application to register himself as Representative Assessee in Income Tax Portal. If it is rejected then the legal heir has to first understand the grounds for rejection and then make a fresh application.
In the aforesaid case, while registering the legal heir on the portal, if the son made a mistake while putting PAN of the mother as the legal heir instead of his own PAN, then notices were issued in the name of the son for conducting an assessment by the department is correct. As for the process of registering the Legal itself shows only the PAN of the legal heir should be registered.



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One comment on “legal heir
  1. Y.S.MAHAPATRA says:

    Leave encashment benefits received by the salaried class at retirement, whose limit has been hiked from ₹3 lakh to ₹25 lakh in the Budget, will be tax-free in their hands under the new income tax regime even if they switch to it in the year of retirement, Revenue Secretary Sanjay Malhotra told. IS THIS FACILITIES ARE AVAILABLE ON ACCURAL BASIS OR PAYMENT BASIS, SUPPOSE A PERSON HAS BEEN RETAIRED FROM PSU SERVICE ON 31.10.2022 BUT HIS FINAL SETTLEMENT IS NOT YET DONE TILL TO DAY i.e. GRATUITY , LEAVE ENCASHMENT IS NOT YET PAID, MY QUESTION IS CAN HE AVAIL THE BENEFIT OF TAX EXEMPTION LIMIT RS.25,00,000 ON LEAVE ENCASHMENT ? THOUGH HE HAS RETAIRED FROM SERVICES ON 31.10.2022
    REGARDS
    Y.S.MAHAPATRA
    8896600712
    E MAIL ysmahapatra@yahoo.com

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