Gift at the time of remarriage of divorcee

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This query is : Resolved

Vidya Sagar Sharma (Querist)

18 January 2019 Sir, I gave five lakhs as gift to my deemed daughter at the time of her marriage and it was exempted from Gift Tax. But unfortunately she got divorced. Now in case she marry again with someone, can I gift her again on her marriage and will the gift will be exempted from Gift Tax. Please advise me. My mail ID is sagsha_51@yahoo.co.in.

Nikhil Kaushik

Nikhil Kaushik (Expert)

19 January 2019 what is deemed daughter?

Vidya Sagar Sharma

Vidya Sagar Sharma (Querist)

13 October 2020 Sir, I am a single male aged about 70 years. I am having a deemed daughter( Not legally adopted due to some legal constraints ) who is about 30 years old. Unfortunately she had divorced. Now she is remarried on 26th August 2020. She is in Jaipur and I am living about 200 Kms. away at Beawar. I wished to gift her my flat at Jaipur but due to COVID-19 crisis, I could not dare to go to Jaipur for the purpose. Now I wish to make the Gift deed in her name. Please suggest me that whether it shall be accepted by Income Tax Authorities after such delay. What is time frame normally in such cases. Should I go ahead and make the Gift deed now. Though I have made a will in her name for my all movable and immovable assets. But I apprehend any kind of legal challenge to my will by my brother or sisters, however, there is little chance but I wish to avoid any such circumstances. I know it will prove me little costly due to stamp duty etc.

Dhirajlal Rambhia

Dhirajlal Rambhia

(Expert)

19 October 2021 Considering the delay in registration formalities, but declared to be gifted the flat on the occasion of marriage, it can be treated as exempt u/s. 56(2) of IT act.

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