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Can father inlaw gift money to son inlaw after property sale

Kunal (Others) (24 Points)

07 November 2012

My father in law has sold property and wants to gift that money to us (me/my wife/my sons or sons spouse). Will i be taxable?
Or if he gifts the money to my wife or my sons or son's spouse? will they be taxable?

The will for this property was on my wife's name.

Please advise..

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2 Replies

Palash Gupta (Student...Hoping to pass Inter) (892 Points)
Replied 07 November 2012

Hi, as per ur query even if ur father in law had sold a property nd want to gift the proceeds he can do that bt still he will be hold taxable to this income undr clubbing provisions..

Saket Sinha (Student) (129 Points)
Replied 07 November 2012

First of all your father in law have to pay capital gain tax on the capital gai arising to him on sale of such property. However , this tax can be saved if he invest as per the provisions of sec 54 or sec 54F. However, it is advisable that your father in law would invest as per sec 54 and then gift that property to you. If he pay cash to you then it doesnt qualify for exemption under sec 54 or 54F and he has to pay long term or short term capital gain tax as the case may be.

If he gifts that property to you then no tax apply to you because it ia gift from relative and also such transfer of property doesnt attract any capital gain tax on your father in law.

Therefore it is advisable that you should not take cash.

One more thing you are not going to pay tax on any cash received or any property received from your father in law as it is a gift from a realtive.