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Will email suffice for a loan agreement between husband and wife?


13-Aug-2026 (In Tax Law)
My wife needs 10 lacs for her business. To avoid clubbing of income I am giving this amount as a loan to her, at a rate of 12 percent per annum. The amount will be transferred through netbanking and EMIs will also be through netbanking. Should I make the loan agreement on a non judicial stamp paper or just an email from me to my wife stating all the terms of agreement will suffice(She will send a return email confirming the agreement). My main concern is from the income tax dept point of view.
Answers (1)

Answer #1
876 votes
Income Tax Department ki scrutiny se bachne ke liye sirf email agreement kaafi nahi hoga Section 64 (Clubbing of Income) ke legal implications se bachne ke liye aapko proper Non-Judicial Stamp Paper par Loan Agreement hi execute karna chahiye. Aapka 12% interest rate rakhna aur netbanking use karna bilkul sahi hai lekin tax department ke samne isse valid proof banane ke liye stamped document zaroori hai Is agreement ko proper draft karne aur tax compliance ko samajhne ke liye aap legal consultation le sakte hain. Book a Legal Consultation Appointment with ADV Sudesh Kumar PG-MBA (London), LLB & LLM
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