• Selling Property in Bangalore

Hello Sir/Madam;

I am currently an OCI with US Passport residing in US for last 17 years. 

I have a PAN card from India but I do not have a UID (Aadhar Card) in India. 

Is Aadhar Card required for me to sell the property and get it registered in Bangalore. Is PAN card sufficient.

Also, If I do not sell, can I do a gift deed to my sister without an Aadhar card.
Asked 7 years ago in Property Law
Religion: Hindu

11 answers received from multiple lawyers

Lawyers are available now to answer your questions.

11 Answers

A person who had bought residential/commercial property/agricultural land/ plantation property/farm house in India when he was an Indian citizen, can continue to hold that property without the approval of the Reserve Bank after becoming an OCI card holder. Also he can transfer residential or commercial property in India by way of gift to a person resident in India or to a person resident outside India and is a citizen of India or to an OCI card holder resident outside India.

For registering a document address proof is needed. So along with the sale deed or gift deed, you should enclose copies of address proof . The address proof recognizable by the department includes passport, ration card, A adhar card (UID), bank passbook containing the full address of the person, driving license etc. So you may use the OCI/PIO card along with PAN Card.

Ajay N S
Advocate, Ernakulam
4072 Answers
111 Consultations

5.0 on 5.0

1.Till now AADHAR is not mademadatroy to sell or buy a proeprty in india.

2.Still PAN card is enough to do so.

3. Similarly to make gift deed of any proeprty to anyone AAdhar is not mandatory again.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

1. As of now, Aadhar Card is not a must at the time of registration of the property and PAN Card is sufficient for you to execute the Absolute Sale Deed.

2. You can do a Gift Deed to your sister without an Aadhar Card and get the document registered in the Sub Registrar's Office.

Shashidhar S. Sastry
Advocate, Bangalore
5108 Answers
314 Consultations

5.0 on 5.0

1) PAN card is sufficent for sale/ gift of property

2) Aadhar card is not mandatory

3) you are at liberty to execute gift deed in favour of your sister

Ajay Sethi
Advocate, Mumbai
94688 Answers
7525 Consultations

5.0 on 5.0

Since you and your father are co owners of property 50 per cent of cheque can be issued in your name and 50 per cent in your father name

2) entire cheque should not be issued in name of second co owner

Ajay Sethi
Advocate, Mumbai
94688 Answers
7525 Consultations

5.0 on 5.0

1. In that case, you and your father each will get a cheque for 50% of the sale consideration. However if one of you authorize the other beneficiary to receive the payment on his behalf, the same can be done and either you or your father can receive the entire sale consideration.

2. The entire amount through a cheque can be given on your father's name only, if he is authorised by you to receive your share also through a POA. In that case it shall be legally valid.

Shashidhar S. Sastry
Advocate, Bangalore
5108 Answers
314 Consultations

5.0 on 5.0

Present days the registrar office staff are insisting on production of aadhar card copy.

However you can manage non-production on the basis of the OCI as well as the PAN card i your possession.

There is no mandatory rule on it so far.

T Kalaiselvan
Advocate, Vellore
84885 Answers
2190 Consultations

5.0 on 5.0

In case of the sale of the property, if my father is also a secondary owner on the property, on sale, can the entire cheque be given on my fathers name or since I am listed as the primary owner, the cheque can be only issued on my name which I will have to then deposit in a NRO Account. If the entire amount cheque is given on my fathers name only, is that a legally OK as well?

Since you both are joint owners, you can give an authorisation letter to your father to pay the entire amount on his name, this will be sufficient and you need not get it transferred to your NRO account etc.

T Kalaiselvan
Advocate, Vellore
84885 Answers
2190 Consultations

5.0 on 5.0

If it is a joint ownership property,then only your share can transfer to others and to accepted the consideration for your share only.If your father can accepted the money if you are giving a power of attorney or consent letter to him

Ajay N S
Advocate, Ernakulam
4072 Answers
111 Consultations

5.0 on 5.0

1. You can get the sale deed registered with th help of your PAN Card.

2. Please also note that Adhar Card also should be applied for by you before returning to US.

3. You can sell or gift it to anyone you feel like with the help of your PAN Card.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. If your father is also the co-owner of the property, you should mention in the sale deed that you have been paid the consideration by depositing the cheque of the sale proceeds to your father's account.

2. It will be suggested that you also become the jopint holder of the said bank account of your father where the cheques of equal amount given by the buyer to both you and your father buyer can deposited with the said Bank account.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer