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MANOJ   13 April 2019

Gifting process by in laws residing in foreign country

Hello, I would like to seek advise on what is the process if in-laws who are residing in foreign country (Bangladesh) wants to gift a sum of money to son-in-law who is an Indian? I heard a gift deed is required to be made, but if this is the case what will be the place of execution i.e. which country it has to be made and what is the tax implications or documents required on both sides? Thanks to share opinion.


 4 Replies

P. Venu (Advocate)     23 October 2023

To my knowledge, in the given facts, no gift deed needs to be executed.

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Naya Hai   25 June 2025

From what I understand, the gift deed can be executed in Bangladesh, where the donors (your in-laws) reside. It should ideally be notarized by a notary public in Bangladesh and possibly attested by the Indian High Commission there to give it more validity in India. Once it's sent to India, it can be adjudicated and stamped under the Indian Stamp Act (varies by state) to ensure compliance.

As for tax implications in India:

  • Since the money is being gifted by in-laws to the son-in-law, and assuming it’s voluntary and without consideration, it would be covered under exemptions for gifts from relatives under the Indian Income Tax Act.
  • Still, it’s usually advisable for the recipient to maintain documentation—like a copy of the gift deed and bank transaction proof—in case of any future inquiry by the Income Tax Department.

On the Bangladesh side, I don't know if there are any restrictions or documentation needed for outward remittances, but your in-laws may want to check with their local bank or financial advisor there.

Lastly, I’d recommend consulting a CA or lawyer in India who’s familiar with international gifting and FEMA regulations—just to make sure everything is compliant on both ends.

Hope that helps!


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