I have given gift by cheque to my deemed(Not legally adopted) daughter at the time of her marriage, which was free from gift tax. But unfortunately she got divorced. Now in case she marry again with someone, can I again gift her at the time of her marriage and the gift is free from gift tax? Please advise me.
4 Replies
MOHAMMED IMRAN
(1020 Points)
Replied 18 January 2019
yes, as per section 56(2)(x) (charging section)
any sum of money or value of property received on the occasion of marriage of the individual would be outside the ambit of above section
it is not mention in any where times of marriage
so, it is not taxable under income tax act
any sum of money or value of property received on the occasion of marriage of the individual would be outside the ambit of above section
it is not mention in any where times of marriage
so, it is not taxable under income tax act
Vidya Sagar Sharma
(Proprietor)
(54 Points)
Replied 13 October 2020
Sir, I am a single male aged about 70 years. I am having a deemed daughter( Not legally adopted due to some legal constraints ) who is about 30 years old. Unfortunately she had divorced. Now she is remarried on 26th August 2020. She is in Jaipur and I am living about 200 Kms. away at Beawar. I wished to gift her my flat at Jaipur but due to COVID-19 crisis, I could not dare to go to Jaipur for the purpose. Now I wish to make the Gift deed in her name. Please suggest me that whether it shall be accepted by Income Tax Authorities after such delay. What is time frame normally in such cases. Should I go ahead and make the Gift deed now. Though I have made a will in her name for my all movable and immovable assets. But I apprehend any kind of legal challenge to my will by my brother or sisters, however, there is little chance but I wish to avoid any such circumstances. I know it will prove me little costly due to stamp duty etc.
Vidya Sagar Sharma
(Proprietor)
(54 Points)
Replied 13 October 2020
Sir, I am a single male aged about 70 years. I am having a deemed daughter( Not legally adopted due to some legal constraints ) who is about 30 years old. Unfortunately she had divorced. Now she is remarried on 26th August 2020. She is in Jaipur and I am living about 200 Kms. away at Beawar. I wished to gift her my flat at Jaipur but due to COVID-19 crisis, I could not dare to go to Jaipur for the purpose. Now I wish to make the Gift deed in her name. Please suggest me that whether it shall be accepted by Income Tax Authorities after such delay. What is time frame normally in such cases. Should I go ahead and make the Gift deed now. Though I have made a will in her name for my all movable and immovable assets. But I apprehend any kind of legal challenge to my will by my brother or sisters, however, there is little chance but I wish to avoid any such circumstances. I know it will prove me little costly due to stamp duty etc.
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