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NRIs: property gifts and equity investment
June 30, 2026
|Mint Mumbai
I have returned to India after working in the UAE for over a decade. I own a property in the UAE and want to gift it to my brother, who still resides there. Will either of us have any tax liability in India on this gift?
Under the Income-tax Act, 1961, gifts received from specified relatives are exempt from tax. Since a brother and sister fall within the definition of ‘relative’, the proposed gift of the UAE immovable property to your brother qualifies for this exemption. Accordingly, neither you nor your brother will be liable to tax in India.
From a FEMA perspective, the Overseas Investment (OI) Rules, which restrict the transfer of foreign immovable property by way of gift, do not apply to foreign assets acquired while a person was resident outside India.
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