Leagal heir
K.Vijayalakshmi
(Querist) 18 August 2013
This query is : Resolved
I am nominee to my late father's fixed deposits. I have three more brothers. I wish to file IT returns to claim TDS in respect of his deposits. IT department says they need legal heir certificate. Being the nominee of the deposits, how can I get the legal heir certificate for myself when we are four children? What should I do to claim TDS from IT Department.
Raj Kumar Makkad
(Expert) 18 August 2013
You cannot get legal heirship certificate for yourself rather the same shall be joint for all legal heirs of your father but being nominee, you shall be entitled to withdraw the closing balance and shall further distribute it among all legal heirs as per their share.
Rajendra K Goyal
(Expert) 19 August 2013
Nominee is a trustee of the deposit on behalf of all the legal heirs of the deceased. One can not get heir ship certificate for himself only leaving other legal heirs apart.
malipeddi jaggarao
(Expert) 21 August 2013
You can not claim TDS by filing your IT returns in the capacity of nominee. All the legal heirs are entitled toclaim TDS proportionately in their IT returns. You have the right to take the Deposit proceeds on maturity without any hussles, but you are only a trustee to such money. This is also only on maturity of the deposits, but not before maturity. Once you received money on maturity, you have the duty to apportion the same among all the legal heirs or else obtain their consent that they wish to relinquish their right.
