Income Tax on Gifts from NRIs and Relatives in India

by Guest Blogger on November 21, 2012

in Tax

This article is written by Aashish Ramchand, a Chartered Accountant by profession. Aashish is the co-founder of He also has completed his CFA Level I (American) and is very passionate about writing articles on taxes and tax advisory. He can be reached at

Generally, gifts are not regarded as Income chargeable to tax. However by virtue of Section 56(2) any sum of money exceeding Rs. 50000 received without consideration by an individual or an HUF from any person is chargeable to tax as income under other sources subject to exclusions as below:

  1. Receipts on occasion of marriage of the individual
  2. Receipts under a will or inheritance
  3. Receipts received from a relative.

Since 1/10/2009, Section 56(2) has been amended and the scope of gifts and will include even immovable properties or any other property besides sums of money under its ambit.

Gifts that are not taxable at all are those that are received from relatives. Relatives are defined by the following relationships of the individual:

  1. Parents
  2. Parents siblings and their spouse
  3. Siblings
  4. Spouse of siblings
  5. Daughter and son
  6. Spouse of daughter and son
  7. Spouse
  8. Spouse’s parents
  9. Spouse’s siblings and their respective spouse.

Even NRIs are covered as long as they fall in the category of relatives. Therefore an individual Indian resident can receive a tax free gift from an NRI as long as he/she is that individuals relative. Any amount can be received as a gift from a relative. Also the purpose for which the gift is received from a relative is inconsequential as it is completely tax free. Thus a gift received can be used for any purpose ranging from purchasing shares to buying property to even simply keeping it with the bank.

Note on gifting on immovable properties

There is a valuation aspect involved in gifting of immovable properties:-

  1. If the property is gifted without any consideration then if the stamp duty value exceeds Rs. 50000/-, stamp duty value will be taken
  2. If the property is gifted for a consideration, then the actual value of the property will be taken

In case of other properties:

  1. If gifted without consideration and fair market value exceeds 50000, then the fair market value will be taken as the final value
  2. If gifted for a consideration and the FMV less consideration is greater than 50000, then the FMV less consideration amount will be taken as the value of the gift.

As mentioned earlier NRIs can also give gifts to resident Indians. Therefore, It is important to understand the meaning of an NRI as per the IT act.

An individual will be treated as a non resident in India in any previous year if he fulfils any of the following two conditions:

  1. he/she is NOT in India in that year for period or periods amounting in all to 182 days or more, or
  2. Having within the four years preceding that year NOT been in India for a period or periods amounting in all to 365 days or more, and has NOT been in India for 60 days or more in that year.

{ 7 comments… read them below or add one }

Kirtikumaar K.Dasani August 21, 2015 at 5:41 PM

We weretotal three partners. And property purchased was in three partners of the firm.Now at present no business is existing and only property is balance.Three parners are as mentioned below are
1) my self elder brother.@20%
2)second is younger brother @40%
3)third is mother@40%
Please guide me if 40% stack holder can give me as gift the property to 20% stack holder and prepare to pay the gift tax as per latest Maharashtra state rules.I shall be thank full to you if you will guid me accordingly as per existing Law.


Dharmesh August 28, 2015 at 3:33 PM

Dharmesh here.
My mother gifted me flat 6 months back. My mother had purchased the flat 4 years befire she gifted me. I am selling this flat after 6 months of gift. Is the proceeds liable for long term tax or short term tax and on which value?
Sell price – gift price. Or sell price – purchase price of my mother.


Devesh September 30, 2015 at 5:16 PM

If Grandmother(NRI) gift rupees to their grand daughter’s Daughter.
Is it taxable or noy in india. How many amount will be non taxable?


Uma October 19, 2015 at 10:46 AM

Sir, really a nice article and questionnaire on NRI.. My question as follows,
I am an indian resident aged 70 and want to transfer my property to my children who have now settled in London for the past many years. What is the best way to transfer the title to them..?


sri December 14, 2015 at 8:29 PM

My mother and I are joint owners of a apartment. Can my mother gift her share to me


Rani Gattani March 17, 2016 at 12:45 PM

We are going for a property deal in which the owner is an N R I She has given registered power of autonomy to her father in law .Can her father in law sale received money in her behalf Will I be able to take the loan on this property?


ashwin March 17, 2016 at 7:52 PM

i am resident indian want to give gift to my daughter at usa. is gift recived in usa is taxable and what formality i have to observe in india and my daughter in usa. pl advise


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