What is any lineal ascendant or descendant?
Gopal Mirchandani (Retired) (110 Points)
10 March 2010Gopal Mirchandani (Retired) (110 Points)
10 March 2010
Bala
(Student)
(498 Points)
Replied 10 March 2010
Dear Sir,
Answer to your Question No. 1 ,
Lineal Ascendant means your father,grandfather, great grand father...
Lineal Descendant means your son, grand son, great grand son....
Answer to your Question No. 2
From the above explanation it is clear that your sister's daughter is not your lineal ascendant or descendant but a lineal descendant of your sister only..
Answer to your Question No. 3
Your cousin is not your brother.. he should be your own brother...But your mama will be included in the defintion of the relative for the purpose of taxability of gift ( Since he should be brother of either of your parents) But your mama's son is not included in the definiton of relative
Hope you are clear...
Regards,
Bala
suresh
(proprietor)
(425 Points)
Replied 25 January 2014
Does daughter and son of a daughter can be covered as linean descendants of a surviving female.
I mean grandma (nani) can be regarded as linena ascendentant for a son of a daughter.
sarath
(CA)
(82 Points)
Replied 27 January 2014
All these are explained under section 56 of Income tax Act,1961. https://www.exploreincometax.com/Indian-Income-tax-Act-1961/Section-56
Refer 'Explanation' given under subsection (2) , Which will clear your doubts.
suresh
(proprietor)
(425 Points)
Replied 27 January 2014
Thanks for your reference. But the provisions you are refering to is related to sec. 56 of Income Tax act, 1961. But my point is relevant to applicablity of stamp duty rates on gift deed of immovable prorerty, which gives the concsssional rates of duty for the linean descedents of individual.
So the piont and quary is whether ths son of a doughter of the doner covered under linean descedent or not?
Siddharth Goel
(Chartered Accountant)
(3031 Points)
Replied 02 July 2018
Originally posted by : suresh | ||
Thanks for your reference. But the provisions you are refering to is related to sec. 56 of Income Tax act, 1961. But my point is relevant to applicablity of stamp duty rates on gift deed of immovable prorerty, which gives the concsssional rates of duty for the linean descedents of individual. So the piont and quary is whether ths son of a doughter of the doner covered under linean descedent or not? |
No, son of a daughter shall not be covered under the definition of lineal descendent for the purpose of gift under Income Tax Act. The son will be a lineal descendent on the father's side and not on the mother's side.
sudhir.kochhar
(BANKER-TRADE FINANCE)
(125 Points)
Replied 10 March 2019
Deepak Parihar
(Studeny)
(22 Points)
Replied 24 December 2019
Can I receive gift from my Mother's Mother ? If yes ? Under which clause of of relative definition under sec 56(2)(X)?
ANURAG AGGARWAL
(Partner)
(22 Points)
Replied 17 June 2020
Why ? Why daughter's son is not a lineal descendent for the purpose of gift under Income Tax Act? He is a grand child.
shahyar husain
(1240 Points)
Replied 13 November 2020
shahyar husain
(1240 Points)
Replied 26 December 2020
Neethi V. Kannanth
(.)
(19020 Points)
Replied 18 January 2021
Is daughter's husband included in the definition of relative? Would gift from Father in law/ mother in law to son in law be taxable?
Sajan Kumar Tekriwal
(2 Points)
Replied 19 August 2021
Whether daughter's daughter is the lineal descendent and hence relative under section 56 of Income tax act
Ayush
(Executive )
(6760 Points)
Replied 09 February 2023
Under the provisions of Section 56 of the Income Tax Act, 1961, a daughter's daughter is considered to be a lineal descendant and hence a relative.
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