Gift money from brother to sister account?

Tax planning 697 views 3 replies

Brother wants to assist sister in property purchase but the 18L money transfer is done from brother's wife account to sister's account. Is sister will have to pay tax on the amount?

Replies (3)
Quick Summary
Gift of Rs.18 lakh from brother's wife to sister is generally tax-free as sister-in-law is covered under relative definition u/s 56. Maintain bank trail and preferably a gift deed/document for future income tax scrutiny. Lack of documentation may invite notice or clarification request.

Gift should remain tax-free for sister.

Brother’s wife is also treated as “relative”.

Maintain proper gift documentation and banking trail for safety.

There is no gift documentation or agreement deed. Will wife get IT notice?

The gift itself is tax-free for your sister because brother s wife is a relative under Section 56(2)(x) (spouse of a sibling counts as a relative, and gifts between relatives carry no tax liability regardless of amount).

The documentation risk is real though. The AIS (Annual Information Statement) will pick up the Rs 18 lakh credit in your sister s account as a high-value transaction. If the IT Department issues a Section 133(6) notice asking her to explain the source, she needs to be able to show it was a gift from a relative. Without a gift deed, the bank statement showing the transfer from brother s wife s account, along with a relationship declaration, should normally suffice.

Best step now: Have a simple gift deed prepared retrospectively, signed by both parties and notarised. A retrospective gift deed is legally valid and commonly used in exactly this situation. Keep the bank transfer proof and relationship documentation (any government ID showing the names) together.

For the full list of exempt relatives and how the Rs 50,000 threshold interacts with property gifts, this [gift tax rules guide for AY 2026-27](https://taxgarden.in/blog/gift-tax-rules-india-section-56-2-x-ay-2026-27) has the Section 56(2)(x) framework with examples.


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