gift of immovable property to relative U/Sec 56

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Mahesh khattar (Querist)
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23 April 2010 Can a HUF of Mr.X received gift of immovable property U/Sec 56 from daughter in law of Mr.Y (Brother of Mr. X)?

Aditya Maheshwari

Aditya Maheshwari (Expert)
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23 April 2010 A plain reading of provisions of section 56(2) defines relative as

Explanation.—For the purposes of this clause, “relative” means—

(i) spouse of the individual;

(ii) brother or sister of the individual;

(iii) brother or sister of the spouse of the individual;

(iv) brother or sister of either of the parents of the individual;

(v) any lineal ascendant or descendant of the individual;

(vi) any lineal ascendant or descendant of the spouse of the individual;

(vii) spouse of the person referred to in clauses (ii) to (vi);]

So there cannot a relative of HUF as the same are for individuals only.