Key Highlights
- No estate duty or inheritance tax in India — abolished in 1985
- Property received through will or inheritance: fully exempt in recipient hands
- Income earned on inherited assets: taxable as regular income in recipient hands from date of receipt
- Gift from relative (including assets through will): fully exempt — no ITR disclosure needed
- Cost of acquisition of inherited property: original cost to the deceased (for capital gains on sale)
- Clubbing: income on gifts to spouse/minor child taxed in donor hands
Legal Reference
Schedule II (inheritances/will exempt), Section 2(b) (definition of capital gains — inherited property), ITA 2025 | Estate Duty Act 1953 abolished 1985 | Corresponds to Section 10(2)(ii), Section 55(2)(b) of ITA 19611. Is Inherited Property Taxable in India?
No. Property or assets received through inheritance (by law of succession) or through a will are fully exempt from income tax in the hands of the recipient under Schedule II of ITA 2025. India abolished estate duty in 1985 and has no inheritance tax. Therefore:
- Receiving Rs 1 crore in property through a will: zero income tax for the recipient
- Receiving Rs 50 lakh in cash from a deceased parent estate: zero tax
- Receiving shares of a company through inheritance: zero tax at receipt
2. Capital Gains When Inherited Property is Sold
When the recipient later sells inherited property, capital gains arise. The key rules:
- Cost of acquisition: The original purchase price paid by the deceased (not zero)
- Holding period: Includes the period the property was held by the deceased
- Indexation: For old (pre-23 July 2024) immovable property — CII indexation from the year the deceased first held it
- Since Budget 2024: LTCG on property at 12.5% without indexation
3. Succession Planning: Tax-Efficient Strategies
- Will: Draft a clear will — gifts through will are exempt and avoid succession disputes
- HUF: HUF property passes to HUF members — income on HUF property taxed in HUF (separate entity)
- Trust: Private trusts for assets — regular/specific/discretionary — can provide tax efficiency for large families
- Insurance: Death proceeds of life insurance policy are fully exempt in the beneficiary hands (Section 11 of ITA 2025)
- Nomination in MF/shares: Nominees receive directly — avoid probate delays
4. Private Family Trust for Succession
A private discretionary or specific trust can be an effective succession planning vehicle:
- Assets transferred to trust — beneficiaries receive income distributions
- Trust taxed at maximum marginal rate (for discretionary trusts) or at beneficiary rates (specific trusts)
- Protects assets from partition, probate, and business disputes
- Estate planning advantage: settlor can define distribution terms for multiple generations
5. Why TaxClue
Succession planning involves wills, HUF structuring, trust creation, and nominee updates — each with distinct tax implications. TaxClue advises on tax-efficient wealth transfer and files ITR for estates and trusts. Contact us for succession planning and estate tax advisory under ITA 2025.
Disclaimer
This article is for general informational and educational purposes only. It does not constitute legal, financial, or professional tax advice. Readers are advised to consult a qualified Chartered Accountant or tax professional before making any decisions. TaxClue Consultech Pvt Ltd accepts no liability. All case studies and examples in this article are illustrative only and do not represent actual persons or transactions.