Answer

GST

Legal heir gets GSTR-3A for deceased owner

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  1. Facts

    The legal heir should file the pending returns, then apply to cancel the registration. Keep the death certificate and heir documents ready.

  2. Provisions and law

    • Sec 46, CGST Act 2017A registered person who fails to file a return under Sec 39, 44, 45 or 52 gets a notice to file within 15 days
    • Sec 93, CGST Act 2017Legal representative who continues the business is liable for its dues; if the business is closed, liability is limited to the estate
  3. Analysis

    Sec 93 makes the legal representative liable for the deceased person's GST dues; if the business is closed, the liability is limited to the value of the estate. File pending returns with any tax due, then file REG-16 for cancellation. Example: three months of nil returns pending; file them and cancel. If the business continues, the heir also needs a new GSTIN.

  4. Conclusion

    1. Collect the death certificate and legal heir proof.
    2. File pending returns from the existing login.
    3. Apply for cancellation in REG-16.
    4. If continuing, register in your own name.

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