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Understanding Inheritance Tax in India: Everything You Need to Know

  • adityas41
  • Jan 19
  • 2 min read

Have you ever wondered what happens to your tax obligations when you inherit property or assets from a family member? Let's break down the concept of inheritance tax in India and what it means for you.



What is Inheritance Tax?


Think of inheritance tax as a "passing down tax" - it's what some countries charge when you receive property or assets from someone who has passed away. While many developed nations have this tax (sometimes as high as 55%!), here's the good news: India doesn't have inheritance tax anymore.

Fun fact: India did have inheritance tax until 1985, with rates ranging from 10% to 85%. However, it was abolished due to implementation challenges.


The Truth About Inheriting Property in India


Here's what you really need to know about receiving inherited property in India:

Direct Inheritance is Tax-Free

When you inherit property from your parents, grandparents, or any family member, you don't have to pay any immediate tax. It's like receiving a gift - completely tax-free under the Income Tax Act of 1961.


Income from Inherited Property

Here's where things get interesting. Let's say you inherit a rental property:

  • The property itself? Tax-free

  • The rental income you receive? That's taxable


Let's look at a simple example: Imagine your uncle left you a commercial building that earns ₹50,000 monthly in rent. While you won't pay any tax on receiving the building, that ₹50,000 monthly rental income will be part of your taxable income.


Selling Inherited Property: What You Need to Know


Planning to sell inherited property? Here's what you should know about capital gains tax:

  1. Holding Period Matters

    • The clock starts ticking from when the original owner bought the property, not when you inherited it

    • This often works in your favor for long-term capital gains benefits


  2. Cost Inflation Benefits Say your father bought a house in 1990 for ₹5 lakhs, and you inherit it in 2023. If you sell it for ₹1 crore, you can use cost inflation indexation to reduce your tax burden significantly.


Important Tax Filing Guidelines


If you've inherited property or earn income from inherited assets, remember these key dates for FY 2024-25:

  • Individual taxpayers: July 31, 2025

  • Businesses requiring audit: October 31, 2025

  • Companies with transfer pricing requirements: November 30, 2025


Who Needs to File Returns?


You need to file returns if you:

  • Earn rental income from inherited property

  • Have income from inherited investments

  • Want to claim any tax refunds

  • Have a gross income exceeding the basic exemption limit


Need Help Managing Your Inherited Assets?


At Fiscal Flow, we understand that dealing with inherited property and its tax implications can be overwhelming. Our expert tax consultants can help you:

  • Understand your tax obligations

  • Plan for efficient asset management

  • Comply with all regulatory requirements

  • Maximize tax benefits legally


Connect with Fiscal Flow today for personalized guidance on managing your inherited assets effectively. Visit fiscalflow.in or reach out to our tax experts for a consultation.


 
 

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