Tax on Inheritance

An ancestral house is valued at Rs. 1 crore on the death of the father. Now one of the son is taking the house and paying Rs. 50 lakhs to his brother as his share in the house. Will the son paying the amount of Rs. 50 lakhs be liable to Tax. Whether it will be considered as Inheritance or Gift to the other son.
Replies (3)
Quick Summary
This discussion explores the tax implications of inheriting ancestral property. When a father's house valued at £1 crore is inherited by one son, who pays £500,000 to his brother, questions arise about tax liability. It's clarified that in the absence of a will and with mutual agreement, this transaction is considered a family settlement and generally not subject to tax on gifts or renunciation of rights. However, proper documentation, potentially including a registered agreement on stamp paper, is crucial for the transfer of funds and to satisfy income tax return requirements.

If there is no will, and only 2 heirs.

then giving 50 lakhs won't attract any tax.

but proper documentation needs to be maintained .

theses are my prima facie views based on the facts disclosed.
This is quasi family settlement. No tax on gifts between sons on 50 lakhs or renunciation of right in property.

Thank you very much for your replies. Since there is no Will left by father, the 2 sons have mutually agreed on the amount of the ancestral house.

What kind of documentation do you suggest. Should an agreement be made for the transfer of Rs. 50 lakhs and whether this document should be registered or can it be prepared on a stamp paper of Rs. 100 or 500.

Is stamp duty required to be paid for making an agreement for renunciation of right in property and how will it be shown in Income Tax returns.

Please guide.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register