• Property in wife's name

I am NRI and wish to purchase 3 BHK ready possession flat in Thane (Maharashtra) on my Wife's name.
All Funds are mine as Wife is home maker.
Property Registration is due by next week. Her pan card shows her name before marriage . for address proof during registration(pass port) shows her name after marriage.

Builder is saying, in this case I have to deposit 1% TDS on agreement value and still it can create issue as pan card carries old name. I have now almost no time to change name on Pan card. Builder said to fill form 60 and declare she does not have pan card and get completely new pan card later.

I have following questions:
1) Is it mandatory that Pan card name and Passport name of married woman MUST match during registration?
2) Isnt it ok if I change her name on pan card after registration?
3) What is the best solution.
Asked 8 years ago in Property Law
Religion: Hindu

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9 Answers

1. Yes, it is mandatory to mention pan no. during registration. However do not file form 60. Since during registration only Pan No. is required not the copy of the card so it is not a problem. Moreover you can make an affidavit in this issue which will take care of everything.

2. The name of the Pan card need not be changed at all. If you make an affidavit which is a one day affiar that is enough to solve the problem.

3.Do as advised above.

Do note that due to anomaly on name of your wife, there is no provision to charge extra 1% TDA. The builder is misguiding you.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Hi

1) Please go ahead with the registration of the property in your wife's name as reflecting in her passport.

2) As per income tax laws, PAN card can contain either surname before marriage or after marriage as the person retains the character of an individual post marriage as well.

3) As per law, there will be only one PAN card per individual all through the individual's life time.

4) So go ahead and submit the Existing PAN card details on as is basis(PAN card containing name of wife before marriage).

5) You can opt to change the name in PAN card post registration if you so wish as It’s a simple process to change the name on PAN Card.

6) Simply visit https://tin.tin.nsdl.com/pan/ . Fill an online application for ‘PAN Card Change Request Form’ and send the required documents to the addressed mentioned in the form.

7) Note that the PAN Number remain same all through the life time of an individual . It’s just your spouse Surname will change.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

1) you must change your wife name before registration of sale deed

2) PAN card should reflect her correct name

3)it is mandatory that PAN card and passport name should match .

Ajay Sethi
Advocate, Mumbai
99793 Answers
8147 Consultations

1) Is it mandatory that Pan card name and Passport name of married woman MUST match during registration?

No, because PAN card is mandatory for tax purposes. one person cannot apply for more than one pan card. if you apply for another pan card for the same person on different name it would be an offence. you should give an undertaking about discrepancies in both documents. pan card always bears father's name, husband's name never mentioned in pan card. so how can you match each data with pan card because husband name will be written at the time of registration of property. so convince him.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

2) Isnt it ok if I change her name on pan card after registration?

you can change the name after registration because only name will be changed other data will be same. so you should convince the builder that pan number is important and matching of name is not mandatory when other data are correctly matched.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

3) What is the best solution.

you should give an undertaking on affidavit that she has changed her name after marriage according to prevalent custom in your community and identity of person is same.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

1. In the instant case the PAN Card name and the passport name varies for which identification of the party can not be completed. Here there is no scope to mention that the said name of your wife in the PAN Card is her maiden name whereas the passport name is her post wedded name. it will e prudent on your part to get the PAN card with her changed name by submitting an affidavit and it should not take a long time. If it is not possible to get her amended PAN Card easily, follow the advice provided by your lawyer and submit form 60 while registering the property.

2. While registering the sale deed, the name mentioned in the PAN Card and identification proof should be the same to avoid any future complication.

3. If you can not get the fresh/amended PAN Card quickly, submit the form no.60 and get the fresh PAN Card later on.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

She can make an affidavit duly notarised stating that the names found in two different documents pertains to the same person, this will take care of the registration process.

Dont keep changing her name frequently from one document to another.

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

1. TDA at 1% has to be paid if the sale consideration exceeds 50 lakhs.

2. Since your wife has a PAN card it would be reflecting in the IT dept's records, so to make a false statement that she does not have a PAN card will be suicidal as she will be liable to face criminal prosecution for furnishing false information to a public servant.

3. She can execute an affidavit stating that she is the person whose name is reflected on the PAN card.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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