Tax Consultant
1076 Points
Posted on 01 June 2026
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.