There is absolutely no issue. The buyer has to be convinced only about your identity, which can be easily established by the relevant documentary proof. You need to open an NRO account only on the basis of your current passport, visa and other documents.
Selling property registered in maiden name after marriage (name changed)
I have a property in Hyderabad which is registered in my maiden last name. My last name changed couple of years ago , we did as part of US citizenship process. Will there be problem selling property in india because of last name change? Can the purchaser make cheque with my new last name? Also, because I need to open a NRO account, I can open only with my new last name ,as my current documents reflect that. Thanks
Asked 4 years ago in Property Law
Religion: Hindu
10 Answers
it would not be problem selling the property
2) sale deed should mention your new name and also mention your maiden name
3) cheque can be issued in your new name
No there will be no effect. You need to take steps as filing of affidavit for the name change etc which is legally required
You can give an affidavit stating that both the names are one and same and may request the buyer to issue the cheque in the name that you desire.
By adopting name change process and also by attaching necessary documents to prove that you have changed your name from the previous one to the current one, you can get the properties sold by giving an indemnity bond to the buyer to indemnify him against any damages or loss and process with the sale process.
A follow up question, we have name change certificate from "US Citizenship and Immigration Services" , signed by US district court, Is that valid in India as relevant documentary proof. Also my PAN card has my maiden name, does that need to be changed for the sale of property.
Asked 4 years ago
Change your maiden name in PAN Card to reflect your changed name
2) you can rely upon name change certificate signed by US district court as relevant documentary proof
3) you can execute affidavit of name change and enclose name change certificate to said affidavit
Dear client,
both are valid and will be accepted.
Thank you
The PAN Card having old name will be a supporting document to prove your old name, however the name change certificate issued by US authorities may not be acceptable in India, instead you may execute a sworn affidavit duly notarised effecting the change of name, which would suffice the requirement for now.
The name change certificate issued by the USCIS is good enough. No need to change your name in the PAN card. Narrate all these facts suitably in the sale deed.
It can support you but you need to apply for name change in official gazette of india too
- You can execute an Affidavit after mentioning that both names are same and of one person for the said work done.
