Registration of Legal Heir /
Representative Assessee on the Income-tax e-Filing / ITBA Portal
Procedure, Documentary Requirements and
Indemnity Format
1. Introduction
With the progressive digitisation of
income-tax administration, compliance and litigation involving deceased
assessees is now routed entirely through the Income-tax e-Filing Portal and
ITBA system.
Where an assessee expires, proceedings under the Income-tax Act, 1961 do not
abate and are required to be continued through the Legal Heir /
Representative Assessee in accordance with section 159 of the Act.
To enable such representation, the
Income-tax Department mandates online registration of the legal heir
along with prescribed documentary evidence. This article provides a
consolidated professional reference on the procedure, mandatory documents,
approved legal heir proofs and indemnity format, as generally followed on
the ITBA portal.
2. Purpose of Legal Heir /
Representative Assessee Registration
Registration as legal heir enables the
representative to:
(a) File return of income of the deceased
(b) Respond to notices and submit replies
(c) File rectification applications
(d) File and pursue appeals
(e) Represent the estate of the deceased
before tax authorities
Without such registration, no
electronic compliance is permitted in the name of the deceased assessee.
3. Mandatory Documents Required for
Registration
The following documents are required to
be uploaded online for legal heir registration:
- Copy
of PAN Card of the Deceased Assessee
- Copy
of Death Certificate
- Copy
of Legal Heir Proof
(as per approved norms)
- Copy
of Order Passed in the Name of the Deceased:- Mandatory only where
registration is sought for filing an appeal or for proceedings arising out
of an order passed in the name of the deceased
- Copy
of Letter of Indemnity:-
To be uploaded strictly in the format prescribed on the Income-tax
e-Filing Portal
4. Approved Legal Heir Proofs
Any one of the following
documents is accepted as valid proof of legal heirship:
- Legal
Heir Certificate issued by a Court of Law
- Legal
Heir Certificate issued by Local State Revenue Authorities
- Surviving
Family Members Certificate issued by Local State Revenue Authorities
- Registered
Will of the Deceased
- Letter
issued by a Bank or Financial Institution
(i) On official letterhead
(ii) Duly sealed and signed
(iii) Mentioning details of nominee or joint
account holder of the deceased at the time of demise
- Family
Pension Certificate issued by the Central or State Government
5. Format of Letter of Indemnity
LETTER OF INDEMNITY
I, ____________________________,
son / daughter / spouse of ____________________________,
resident of ____________________________________________,
holding PAN ____________________________, do hereby solemnly affirm and state
as under:
- That
Shri / Smt. ____________________________, holding PAN
____________________________, expired on ____________.
- That I
am the legal heir / representative assessee of the deceased and am
competent to act and represent the estate of the deceased for all purposes
under the provisions of the Income-tax Act, 1961.
- That I
have applied for registration as Legal Heir / Representative Assessee on
the Income-tax e-Filing / ITBA Portal for the purpose of complying with
income-tax proceedings including filing of return, submission of replies,
filing of appeals or any other proceedings in the name of the deceased.
- That I
hereby undertake and indemnify the Income-tax Department, Government of
India, against all losses, damages, costs, claims, demands, liabilities or
consequences arising directly or indirectly due to my registration or any
action taken by me as legal heir / representative assessee.
- That in
the event of any claim or objection by any other legal heir, I shall be
solely responsible and shall keep the Income-tax Department fully
indemnified against all such claims or disputes.
- That the
above statements are true and correct to the best of my knowledge and
belief.
Signature: ____________________________
Name: ____________________________
PAN: ____________________________
Place: ____________________________
Date: ____________________________
6. Practical Compliance Notes
(i) Documents should be clear, legible
and self-attested, where applicable.
(ii) The indemnity format should not be
materially altered while uploading.
(iii) Registration approval is subject to verification
by the Department and may be rejected if documentation is incomplete or
inconsistent.
(iv) Once approved, the legal heir gains full
functional access for compliance in the name of the deceased.
7. Reference Resource
For procedural understanding and portal
navigation, an official explanatory video is available on the Income-tax
Department’s platform.
Reference Video (Official Guidance)
For step-by-step visual guidance, refer
to the official tutorial:
https://youtu.be/jr0rhUuRh4k
8. Disclaimer
Disclaimer:
This article is intended solely for academic and professional reference
for tax practitioners and readers. The procedures, documentation requirements
and formats discussed herein are indicative in nature and based on
prevailing practices on the Income-tax e-Filing / ITBA Portal.
Readers are advised to verify and
follow the prevailing procedure, formats and instructions as available on the
official Income-tax Portal and ITBA system at the relevant time. The author
and publisher assume no responsibility for any change in law, procedure or
portal functionality.
Date: 27/12/2025
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