Gift with out tax

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Dear Sir, My Brother in law wants to give me some amount through cheque as a gift. She is NRI. She dont have seperate NRE/NRO bank account. She has Joint account with her father, where her name was secondary. If from that account she gives me the gift amount,is that transaction allowed from income tax point of view, and that gift is comes under non taxable category? Please guide. Thanks
Replies (9)

if E-TRASFER is made form joint account it will not be considered as gift from one person , it will be trated as gift received from TWO person jointly . 

HOWEVER your  sister in law (or brother in law) and your father in law both are covered in the defination of relatives , gift received from them is not taxable.

so , in totality  , the transaction will be exempt u/s 56(2)(vii)

Thank you very much. But let me clear the NRE/NRO joint account is of my Brother in law (ie Bhabhi) and her Father (ie Father in law of my Brother).And in that account Primary name is of her Father and Second name is of my Bhabhi. Botha are NRIs. In this case what?

Pleaes guide.

Bhabhi is sister-in-law (not brother-in-law) :)

As already said by Ankit, since sister-in-law is a relative, any gift from relative is not taxable.

Thank you very much for correction.

But still I am not clear, account is of my Sister in law (ie Bhabhi) and her Father (ie Father in law of my Brother).And in that account Primary name is of her Father( ie my Brothers Father in law)  and Second name is of my Bhabhi. Both are NRIs. and Bank account is NRE/NRO joint account. Is this transaction is allowed as tax free Gift? Please guide.
 

Section 56(ii) of income tax Act.

Exemption from payment of gift tax.:-

*Spouse of the individual

*Brother or Sister of the individual

*Brother or Sister of the spouse of the individual

*Brother or Sister of either of the parents of the individual

*Any Linear ascendant or descendent of the Individual

* Any Linear ascendant or descendent of the spouse of the Individual

in this case, gift recived by you from your sister in law who is joint holder of your brother's father in law Account.that is fully exemted as per ankit said.

Next time pls mention the relations in hindi if you are not know the exact relation in english:

  • Sister in law - ननद (nanad) or Saalii (साली)
  • Brother In Law — बहनोई (bahanoii)
  • Brother's wife is just Brother's wife you don't have to attach in law with her

 now lets your case you are receiving money from joint account of Brother's wife and her father. 

see Brother's wife is a relative of you but her father is not , as per the defination .

therefore above transaction will get taxable .

my advice take the money in cash from her  or ask her to open an account , first make the transfer to her account and then to yours.

Umesh tum confuse ho ...tum puchna kya chahte ho ye clear nahi hai 

Sorry for the confusion.

Thanks for your kind advice.

Sir My question is My Bhabhi (Brother's wife) wants to give me some amount for property purchase as a gift.She is NRI. She don't have seperate NRE bank account here in India, but she is having Her Fathers NRE account (her father is alos NRI) here in India. In that account Both having Joint name, in that her father name is Primary and her name is second. Now my question is if from that account she gave me the amount that can be consider as a Gift? And that amount will be Tax Free? and what will be the limit of the amount?

Please Guide me.

The transaction is exempt u/s 56(2)(vii)

 


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