Gift Tax in India: Rules, Exemptions, NRI Gifts & Role of Wills in 2025

Introduction: The Emotional Value vs. Legal Reality of Gifting

In India, gifting is a deep-rooted tradition. Parents transfer money to children, grandparents give property, and siblings support each other financially. While gifts are an expression of love and responsibility, they also carry legal and tax implications.

Under the Income Tax Act, certain gifts are tax-free, but others may be treated as income and taxed accordingly. Knowing the rules helps families plan better and avoid unnecessary liabilities.

Thresholds & Rules for Gift Taxation (FY 2025–26)

1. Monetary Limit

• If the total value of gifts received in a financial year exceeds ₹50,000, the entire amount becomes taxable.

• If the aggregate is ₹50,000 or less, no tax applies.

2. Taxable Head of Income

• Taxable gifts are treated as “Income from Other Sources.”

• They are added to your total income and taxed as per your applicable slab rate (5%–30%).

3. Types of Gifts Covered

• Cash gifts (cash, cheque, bank transfer)

• Movable property (jewellery, shares, securities, artwork)

• Immovable property (land, flats, houses)

Relatives Exemption List – Who Qualifies?

Gifts received from specific relatives are fully exempt, no matter the value.

This means a gift of ₹20 lakh from your parents is completely tax-free, while a gift of ₹1 lakh from a friend will be taxable.

Special Exemptions Beyond Relatives

Apart from gifts from relatives, the law exempts certain other gifts:

• On Marriage: Any gifts received on the occasion of your wedding are exempt, regardless of the amount or source.

• Inheritance or Will: Property or money received through inheritance or a registered Will is tax-free.

• Trusts and Contingencies: Gifts received due to the death of a donor or via a trust created under a Will are exempt.

NRI Gift Tax and FEMA Rules

For NRIs, gifting involves both income tax provisions and FEMA (Foreign Exchange Management Act) regulations.

1. Tax Rules

• Gifts from NRI relatives are fully exempt.

• Gifts from non-relatives follow the ₹50,000 exemption limit.

2. FEMA Compliance

• FEMA regulates the form and mode of transfer for cross-border gifts.

• For example, an NRI father gifting a house in India to his daughter is both permissible under FEMA and exempt from gift tax.

Illustrative Examples & FAQs

Are gifts from parents taxable in 2025?

No. All parental gifts, whether in cash, property, or jewellery, are fully exempt.

What about birthday gifts from friends exceeding ₹50,000?

Yes. If the aggregate value of such gifts exceeds ₹50,000, the entire sum is taxable.

Can an HUF (Hindu Undivided Family) receive gifts?

Yes. The same rules apply. Gifts from relatives are exempt; other gifts are taxable if above ₹50,000.

What if my brother-in-law gifts me ₹1 crore?

It is exempt because a brother-in-law qualifies as a relative.

Why Gifts Alone Are Not Enough – The Role of Wills and Trusts

Gifting is often used to pass assets during one’s lifetime. However, relying only on gifts for succession planning has drawbacks:

• Gifts transfer assets instantly but do not cover post-death distribution.

• Unequal gifting can lead to disputes among heirs.

• Improper documentation of gifts may attract scrutiny or challenges later.

Wills and trusts provide a more reliable solution.

• A Will ensures assets are distributed as per your wishes after your lifetime.

• A Private Trust allows structured wealth transfer, especially useful when minors or dependents are involved.

For example, if parents gift property only to one child during their lifetime, siblings may contest it later. A registered Will provides stronger legal standing and avoids disputes.

Conclusion: Smart Succession Planning in 2025

Gifts are a wonderful way to show love and responsibility, but not all gifts are tax-free. Understanding the ₹50,000 threshold, knowing which relatives qualify for exemptions, and keeping in mind special exemptions like marriage or inheritance is essential.

At the same time, families must recognize that gifting alone cannot ensure smooth succession. Wills and trusts provide long-term clarity, protect against disputes, and secure the financial future of loved ones.

Call to Action

At AasaanWill, we help families plan their wealth transfer with legal and tax efficiency in mind. Whether through drafting a registered Will, setting up a private trust, or guiding you on gifts and exemptions, our experts ensure your legacy is protected.

Book a free consultation with us today and take the first step toward a secure future for your family.