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IT / TDS

Tax Guide

How does a legal heir file ITR for a deceased person?

Key mapping

Legal heir registers as 'Legal Heir' on the income-tax portal under the deceased's PAN, then files ITR for the deceased for the period up to death. Income after death is assessed in the estate/legal heir's hands.

Explanation

When a taxpayer dies, the legal heir (or legal representative under §160) must file the ITR for: (1) Income earned by the deceased from 1 April to the date of death — filed under the deceased's PAN using the legal heir's credentials on the portal. (2) Income from the estate after the date of death — reported in the legal heir's own ITR. To file: go to the income-tax portal → Register as Legal Heir → submit death certificate and legal heirship documents → once approved, the legal heir can log in under the deceased's PAN and file ITR. The same ITR form that the deceased would have used applies. TDS credits in the deceased's Form 26AS can be claimed. Legal heirs are jointly and severally liable for the deceased's tax dues. Verify on the income-tax portal before filing.

Related terms and sections

legal heir ITRdeceased person ITRrepresentative assesseeSection 160death of taxpayerestate incomelegal heir registration

Use this in practice

File My ITR →Tax Calculator →

Related sections

IT Act 2025 Section Mapper →All IT Act changes →

All section references are sourced from the Income Tax Act 2025 (official gazette, incometaxindia.gov.in) and cross-referenced against CBDT's comparative statement. Always verify on the official portal before filing. This page is for reference only and does not constitute legal or tax advice.