1. Aadhar is not at all mandatory in selling or buying a property as yet in India.
2. However it is the PAN card which is mandatory while selling or buying a proeprty.
3. So if she has PAN cars there is no problem in selling the proeprty.
Importance of Aadhar
Hi, my question pertains to Aadhar card for the sale of my property in Bangalore. I am selling my property with the date of registration on 21st July . I wanted to Check if Aadhar is mandatory to do the sale. The property is in the name of my mother (co-owner) and I (main owner). My mother possesses Aadhar card and passport while I have my PAN card and all documents except Aadhar. I am trying to enrol for one before the registration date but all aadhar centers have stopped aadhar enrolments thus leaving only a few govt centres who are accepting aadhar applications. The buyer has never asked for the aadhar document during our entire documentation and the bank which is providing her loan to buy has also informed that Aadhar is not mandatory get and PAN is sufficient. I had wanted more clarification here as I wanted to be sure of property registration and with so much clamour around aadhar and pan and income tax act 139 as section 2 by SC providing relief. Thanks
Asked 7 years ago in Property Law
Religion: Hindu
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4 Answers
PAN card is mandatory for sale of property
2) Aadhar card is not mandatory
3) you would not face problems in property registration
Hi
1) Aadhar card is not mandatory (as of date) for executing a sale deed and currently Aadhar card is not being seeded to sale transactions.
2) Currently Aadhar card is used only as proof of identity and in your case since you have PAN Card and presumably passport, you can go ahead with registration by submitting PAN Card and passport as proof of identity.
3) Also in your case since your mother's aadhar card is available, the same may be furnished at the time of registration if asked for by registration officer.
4) To Reiterate Currently Non possession of aadhar card is not an impediment in you undertaking a transaction.
5) However PAN Card is mandatory for you and your mother and the copy of PAN card needs to enclosed as part of sale deed in case the sale value is above 50 lakhs as buyer has to mandatorily deduct 1% of sale value as TDS (section 194-IA of Income tax act) and remit the same to Income tax department for and on behalf of you and your mother (using your pan card(s)).
Hope this information is useful.
You dont required to produce aadhar card for selling your immovable property.
Linking aadhar to the PAN has been made compulsory, various ministries of the federal government announced in February that for people to avail government benefits and subsidies, they would be required to hold an Aadhaar card (and Unique ID).
Furthermore, the federal government has also been pushing bank accounts to be linked to Aadhaar cards, regardless of whether or not an individual takes government benefits or subsidies.
The Supreme Court upheld the PAN-Aadhaar link but partially stayed the penal provisions for non-compliance so that PAN cards not linked to Aadhaar will continue to remain valid.
the 139 AA (2) provision in the judgment implies that Indian residents who currently do not have an Aadhaar number will not face criminal consequences for not linking it to their PAN card. Also, the court stayed the retrospective invalidation of PAN cards for non compliance. The threat of invalidation of a PAN card was inserted into Section 139 AA as part of this year’s finance bill.
