Kumar R. (Executive) 27 August 2009

Clarification regarding Gift received from Father

Please consider the following scenario and post your reply at the earliest please.

Gift of Rs. 4 lac was given to married woman by her father in Dec'2006 through cheque. Somehow the gift deed could not be made due to illness of father. Also the gift amount not shown in the return for F.Y. 2006-07. In the meantime Father died in 2008 due to heart problem following the bypass surgery. Mother is still alive who is the only legal heir of the died person. Can gift deed be signed by Mother now or is there any other method to regularize the gift amount. Please reply soon. What could be the implications as per itax law.

Thanks in advance.

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9 Replies

A V Vishal (Advocate) 27 August 2009

Dear Kumar plz check your Inbox I have sent a reply to you.

Kumar R. (Executive) 27 August 2009

Vishal Sir,

I have sent my reply in your inbox. Did you get it? If yes please reply . If not let me know I shall resend the same.

Thanks & Regards,

Kumar.

A V Vishal (Advocate) 27 August 2009

Kumar

Please check ur inbox

A V Vishal (Advocate) 27 August 2009

A V Vishal

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Kumar

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A V Vishal (Advocate) 28 August 2009

Kumar

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Sivadas Chettur (Chartered accountant) 29 August 2009

Dear Kumar,

The gift involves money and no formal deed is necessary. You can prepare an affidavit and affirm that the amount in fact represents gift only.Since the gift is not taxable under the Incometax act there is no implication under that law. When you assert that it is a gift then it is for the opposing party to prove that what you have asserted is wrong. I think you can proceed that way.

sivadas chettoor

siva208@yahoo.com

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Kumar R. (Executive) 29 August 2009

Thankyou sir for your valuable advice.

VINOD MITTAL (ADVOCATE) 04 September 2009

gift received from father is a vaild gift, you have the compelete evidence to prove that the gift is made by your father,

gift is recived by a/c payees cheques. The bank detials will prove it, On the other hand if the father has died, the mother can say that the amount was given by way of gift not other wise. hence NO TAX PROBLES AT ALL., DO NT WORRY,