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Gifts from relatives

Ashwini (ARTICLE ASSISTANT ) (195 Points)

23 September 2016

WHETHER GIFT RECEIVED FROM FATHER IN LAW (WIFE'S FATHER) IS EXEMPT UNDER INCOME TAX ACT.

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8 Replies

Saloni (Final student) (40 Points)
Replied 23 September 2016

gift received from relative is exempt under income tax
here relative means
In case of individual
(i) spouse of individual
(¡¡) brother or sister of the individual
(¡¡¡) brother or sister of the spouse of the individual
(iv) brother or sister of either of the parents of the individual
(v) any lineal ascendant or descendent of the individual
(vi) any lineal ascendant or descendant of the spouse of the individual
(vii) spouse of the person referred to in clauses (ii) to (vi)
father in law comes under the clause ( v) i.e. any lineal ascendant of spouse of individual ..
hence gift received from father in law is exempt .

3 Like

supriya (Student CMA) (58 Points)
Replied 23 September 2016

Yes gift received from Father in Law is exempt.

1 Like

FCA surbhi jain (FCA) (897 Points)
Replied 23 September 2016

Yes of course.

FCA surbhi jain (FCA) (897 Points)
Replied 23 September 2016

Father in law is a relative u/s 56. Thus gift from him is exempt.

sravan (ca) (28 Points)
Replied 24 September 2016

yes Gift from father in law is exempt u/s 56(2)(vii)

1 Like

RITESH ATREJA (STUDENT) (35 Points)
Replied 25 September 2016

is gift deed is required for accepting gift ?

RITESH ATREJA (STUDENT) (35 Points)
Replied 26 September 2016

please reply

Saloni (Final student) (40 Points)
Replied 26 September 2016

gift deed is an agreement which is used when any immovable or movable property is gifted by one person to another without consideration .
As per law every gift should be supported by gift deed so that if any query arises from income tax department or any other act , genuineness of transaction can be proved .
However in practical life ..For some properties like cash , cheque , or some other movable properties it is not possible everytime to make gift deed. so a single simple letter can be made instead of deed.
but when amount gifted is huge or gift in some form like immovable property , vehicles or other properties , it is necessary to make gift deed so that after gifting of this valid title can be passed. ....