Archive · 19 May 2025
ITAT Ruling: Step-Siblings Are 'Relatives' For Property Tax Exemptions
An Indian court ruled that a man didn't have to pay taxes on a property gifted to him by his stepsister.
The Income Tax Department initially wanted to tax the property, believing step-siblings weren't relatives.
However, the court, looking at common definitions and the idea of family, said they are relatives in this situation.
Because the gift was between relatives, no tax was due.
This ruling means that gifts between step-siblings may not be taxed.
The case centered around a property in Mumbai, originally gifted by the father, later gifted by the daughter to the stepbrother.
An NRI stepbrother was exempted from paying income tax on a property gift valued at Rs 7.88 crore.
The property was gifted to him by his stepsister in Mumbai in 2016.
The Income Tax Department initially sought to tax the gift, claiming step-siblings are not relatives.
The Income Tax Appellate Tribunal (ITAT) Mumbai ruled that step-siblings are considered relatives under the law.
The ITAT based its decision on dictionary definitions and the doctrine of affinity, allowing the tax exemption.
- Who
- An NRI stepbrother and his stepsister; the Income Tax Department; ITAT Mumbai.
- What
- ITAT ruled on a case regarding income tax on a property gift.
- When
- March 21, 2025 (ITAT Judgement)
- Where
- Mumbai, India
- Why
- The ITAT Mumbai ruled that gifts between step-siblings are exempt from income tax.
- Property Value
- Rs 7.88 crore
- Gift Year
- 2016
- Property Location
- Mumbai
- Relevant Law
- Section 56(2)(vii) of the Income Tax Act, 1961
- Key Issue
- Step-sibling relationship
- ITAT Decision
- Exempt from tax