• NRI: property sale with different name on sale deed vs passport, Aadhar, PAN

Need to sell a house in Bengaluru. It's a joint property with my wife and I. We are NRIs. My wife's name on the property documents is in her after marriage name while her passport, aadhar, pan cards have her maiden name. Is it possible to sell the property without going through name change on passport, aadhar, and pan card ?
Asked 2 years ago in Property Law
Religion: Hindu

7 answers received in 1 day.

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9 Answers

Her name needs to be changed in PAN ,Aadhar Card to reflect the name  in property documents 

 

gazette notification should be issued for name change and in 2 local newspapers 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Yes, its possible to sell the property.  You can produce marriage certificate at the time of sale deed.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

yes 

there wont be any issue

simply write in the sale deed her maiden name as well as her matrimonial name

Yusuf Rampurawala
Advocate, Mumbai
7485 Answers
79 Consultations

5.0 on 5.0

- Yes , it possible to sell the property without going through name change on passport, aadhar, and pan card as you are also a joint owner of the property and she is also a joint owner of the property. 

- However, she can execute an affidavit/declaration after mentioning that he both names are same and of of person only. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

Dear Client, 

Yes, it is possible to sell the property as you both are joint owners. She can give a declaration stating that both are her names.

Thank you

 

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

It's possible to sell the house without going through name change on Passport, Aadhar and Pan card. Only thing is, while describing her name as one of the sellers in the sale deed, all her names with aliases have to be mentioned.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

Yes sale happens but ideally it's better to do the same

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

That is no problem. An affidavit can be made sttaing that the 2 are the same. Otherwise too there should be no problem.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

She cannot sell the property with a differnt name in the identity proof to that of the name as reflected in the registered property document in her possession now 

If the name in the legally recognized identity proofs differ to that of the name found in the property document, it can be deemed that she is not the owner of the property, hence she has to follow the procedures for name cahnge as per law to become eligible to sell the property with the new name found in the property document.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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