In the case of "Maya Gopinathan vs Anoop SB 2024 INSC 334," the Hon'ble Supreme Court provided insightful guidance on the definition of "Stridhan":
Gifts at the Time of
Marriage: Gifts bestowed upon the bride by her
husband, parents, or relatives from her husband's or parents' side during the
marriage constitute her Stridhan.
Pre-Marriage and
Post-Marriage Properties: Properties gifted to a
woman before marriage, during marriage, during the departure ceremony, or
thereafter are categorized as her Stridhan properties. These properties are her
absolute possessions, granting her full rights to dispose of them as she pleases.
Husband's Control and
Moral Obligations: The husband holds no
authority over his wife's Stridhan property. Although he may utilize it in
times of distress, he bears a moral responsibility to restore the property or
its equivalent value to his wife. Consequently, Stridhan property remains solely
owned by the wife, and the husband possesses no title or independent control
over it.
Tax Implications on
Stridhan
In light of the legal elucidation on
Stridhan, the following tax implications arise:
Taxation of Gifts:
Typically, any money or property received without consideration is taxable and
must be reported as "income from other sources" in income tax
returns.
Exemption for Marriage Gifts:
Gifts received during marriage, including gold received by the bride, are
exempt from taxation. This encompasses ornaments, articles, utensils, furniture
sets, etc. Streedhan received during marriage is specifically excluded from
taxation under Section 56(2)(x) of the Income Tax Act.
Verification of Sources: If questioned by tax authorities regarding the possession
of gold disproportionate to her income, the bride must provide evidence of its
acquisition, such as a will or gift deed if inherited.
Limits on Gold Possession: Specific restrictions apply to the amount of gold
individuals can possess without proof of source. Married women can hold up to
500 grams, unmarried women up to 250 grams, and men up to 100 grams without
documentation.
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