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Inheritance tax in India, 2026: there is none, and here is what applies instead

Every January the question comes back, usually from a family that has just read a column about what the next Budget might do. The answer as at October 2026 is unchanged since 1985: India has no inheritance tax, no estate duty and no tax on gifts received at death. What India does have is a set of rules that reach the heirs later, when they sell what they inherited, and for families with a member in London or New York, a foreign tax that reaches across the border. This page gives the history, the rules that actually apply, and what a life policy changes.

Indian law as at 20 October 2026, Financial Year 2026-27. If a future Finance Act introduces a tax on inheritance, this page will be updated the week the Bill is published; until then, the statements here are current.

PPLI.com is a research publisher. It is not a tax adviser or a law firm, it is not registered with IRDAI or SEBI, and it does not solicit or arrange insurance in India. Nothing on this page is advice on your own estate.

The short answer

Is there an inheritance tax in India?

In one sentenceNo. Estate duty ended for deaths on or after 16 March 1985, gift tax was abolished in 1998, wealth tax in 2015, and no Finance Act since, including those of 2025 and 2026, has brought any of them back.
TaxStatuteWhat happened
Estate dutyEstate Duty Act 1953Discontinued for deaths on or after 16 March 1985 by the Estate Duty (Amendment) Act 1985; the yield had been small against the cost of collection
Gift taxGift Tax Act 1958Abolished for gifts made on or after 1 October 1998; since 2004 large gifts from non-relatives are taxed in the recipient’s hands under what is now section 56(2)(x)
Wealth taxWealth Tax Act 1957Abolished from financial year 2015-16 by the Finance Act 2015, replaced by a higher surcharge on large incomes
Inheritance taxNoneProposed in public debate from time to time, most recently around the 2024 election; no Bill has been introduced
What applies

The rules that reach the heirs, later

Property received under a will or by inheritance is outside section 56(2)(x), so the heirs pay nothing on receipt. The cost of what they receive is the cost to the deceased, under section 49(1), and the holding period includes the deceased’s under section 2(42A). When the heirs sell, they pay capital gains tax on the whole gain from the original purchase: 12.5% long-term on listed equity above ₹1.25 lakh a year, 12.5% on other long-term assets without indexation since July 2024, and slab rate on short-term gains. A flat in Adyar bought in 1995 and sold by the children in 2030 is taxed on thirty-five years of appreciation in their hands. Transfer of immovable property to the heirs attracts stamp duty and registration charges at the rates of the state concerned, which several states reduce or waive for transfers within the family.

A gift during life is the other route, and it is tax-free in the recipient’s hands when it comes from a relative as defined in section 56(2)(x), spouse, siblings, lineal ascendants and descendants and their spouses among them. The cost and holding period carry over just as on inheritance. Gifts to a spouse or minor child bring clubbing under section 64, so the income from gifted assets is taxed as the giver’s.

What a life policy changes

Nothing on the inheritance side, because there is nothing to save. What it changes is the income-tax position of the money inside it: the sum received on death is exempt under the eighth proviso to ULIP) or Rs 5 lakh (other policies) of annual premium; death benefits stay exempt.">section 10(10D) whatever the premium, so the family receives the policy’s whole value without the tax that a surrender in life, or a sale by the heirs of a directly held portfolio, would have cost. The figures are on how India taxes a foreign life insurance policy, and the process of getting the money to the right person on estate planning in India with a life policy.

Across the border

If a family member lives abroad, another country may tax the inheritance

The inheritance tax an Indian family actually meets is usually a foreign one. The United Kingdom taxes the worldwide estate of a long-term resident, now defined as ten of the previous twenty tax years in the UK, at 40% above the nil-rate band, with a tail of three to ten years after leaving; a son who has lived in London for twelve years is inside that net on his own estate, and gifts to him are a different question. The United States taxes the US-situs assets of a non-US person above an exemption of USD 60,000, and the worldwide estate of a US citizen or domiciliary above the 2026 exclusion, with a 40% top rate. Singapore has had no estate duty since 2008, and the UAE has none. A family with assets or members in those countries plans around the foreign rule, not the Indian one, and a policy owned in the right place is one of the tools: our UK edition and Singapore edition cover the rules there.

Common questions

Questions families ask every Budget season

Is there an inheritance tax in India in 2026?
No. Estate duty was discontinued for deaths on or after 16 March 1985, and no inheritance tax has been introduced since. The Finance Acts of 2025 and 2026 did not change that.
Is inherited property taxed in the heir’s hands?
Not on receipt: property received by will or inheritance is outside section 56(2)(x). When the heir sells, capital gains tax applies on the gain from the deceased’s original cost under section 49(1), with the deceased’s holding period counted.
Is there a gift tax in India?
The Gift Tax Act was abolished in 1998. Gifts above ₹50,000 in a year from a non-relative are taxed as the recipient’s income under section 56(2)(x); gifts from relatives as defined there are exempt, and gifts to a spouse or minor child bring clubbing under section 64.
Will India bring back estate duty?
It has been debated, most recently around the 2024 election, and no Bill has been introduced. We do not predict Budgets. If a tax is announced, this page will say so the week the Bill is published.
Is a life insurance payout on death taxed in India?
No. The sum received on death is exempt under the eighth proviso to section 10(10D) whatever the premium, and there is no estate duty. The nominee receives the full amount.
Does an NRI pay inheritance tax abroad?
Depending on the country, yes. The UK taxes a long-term resident’s worldwide estate at 40% above the nil-rate band, and the US taxes US-situs assets of a non-US person above USD 60,000. Singapore and the UAE have no estate duty. Plan around the rule of the country where the family member lives.
Income-tax Act and the repealing Finance Acts·Primary sources linked in the text·Research checked 20 October 2026

Sources and authorities

Read as at 20 October 2026. Foreign rules are summarised from the authorities named in our UK and Singapore editions.

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Eldar Edmond Grady
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Eldar Edmond Grady
CEO, PPLI.com
Checked against the Income Tax Department’s text of the Act and the repealing statutes named above; foreign rules from the UK, US and Singapore revenue authorities.
Last updated: 20 October 2026
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