Legal Question in Family Law in India

is there any taxes to be paid on divorce settlement?

my husband is offering me a lump sum settlement of 10 lacs. now i would be depositing this in the bank. i heard that if i have more than 9 lacs in the bank i would have to pay tax on that. is that right? i am taking this money in cash. is that advisable? i am worreid to take a DD as he can cancel it at a later date.


Asked on 4/08/09, 10:45 am

5 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: is there any taxes to be paid on divorce settlement?

The demand draft received through court-process could not be cancelled. anyway, you may take cash and be comfortable. the tax liability comes only on your interest income you may earn every year. since the income may not be taxable, virtually there may not be any liability. Wish you good luck. Be careful.

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Answered on 4/08/09, 1:48 pm
ujwala mandgi anantmandgi&associates

Re: is there any taxes to be paid on divorce settlement?

No, there is no tax on the alimony received. The Tax is levied on the further interest earned by you on that amount. It is more advisable for you to take the amounts in D.D. than cash.

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Answered on 4/12/09, 6:22 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: is there any taxes to be paid on divorce settlement?

Since lumpsum amount is your capital gains the same is not taxable. but interest will be taxable

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Answered on 4/08/09, 10:06 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: is there any taxes to be paid on divorce settlement?

HELLO

GOOD MORNING

This will be considered your capital gain so the tax will be applicable only on the interest of annual basis.

IN CASE OF NEED PLEASE CONTACT PERSONALLY ALONGWITH THE DETAILS.

OR

PLEASE MAIL ME IF YOU HAVE FURTHER QUERY.

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Answered on 4/09/09, 2:57 am
Prof.Somnath Mukherjee s.mukherjee associates,09874053359

Re: is there any taxes to be paid on divorce settlement?

you should consult this matter to a tax lawyer.

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Answered on 4/09/09, 11:39 am


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