No, an OCI card is not mandatory to sell property in India. While OCI cardholders are treated similarly to NRIs regarding property transactions, they can sell property in India without needing an OCI card if they have other valid documents like a passport and PAN card. However, they must adhere to FEMA regulations and banking procedures. Therefore you need to adhere to another rules in relation to sale

you dont need OCI CARD  to sell residential property 

• Your parents can sell the property in Trivandrum as US citizens with valid PAN cards. An OCI card is NOT a mandatory requirement to sell residential property in India. The key legal requirements are valid identity (passport), PAN card (mainly for tax/TDS compliance), and property ownership paperwork. However, having an OCI card can ease remittance of funds and other formalities, but your mom can sell as long as she has a US passport, proof of ownership, and PAN card.

• If the buyer, lawyer, or registrar insists on OCI, clarify: According to RBI and FEMA guidelines, NRIs/foreign citizens (even without OCI) can sell Indian property, provided it was acquired legally. The main difference is that foreign nationals (not of Indian origin, i.e., neither OCI nor NRI) generally cannot purchase property, but selling is permitted for existing owners.

• Practical tip: Since your mom now has a PAN card and passport, she can complete the sale. If challenges arise at the registrar, consult a property lawyer in Trivandrum familiar with NRI/OCI transactions to clarify this rule and, if needed, produce RBI/FEMA documentation. If your parents cannot be present, they can use a registered Power of Attorney (POA) to conduct the sale on their behalf.

• Summary: Both parents, as US citizens and legal owners with PAN, can sell the property even if one does not hold an OCI card. The key paperwork is: PAN, passport, property documents, and POA if selling remotely. Consult a local expert for smooth execution.

While not mandatory, an OCI card simplifies the process and offers benefits similar to NRIs. 

OCI cardholders must adhere to FEMA regulations when selling property and repatriating funds. 

OCI cardholders must adhere to FEMA regulations when selling property and repatriating funds.

Under current Indian law, OCI (Overseas Citizen of India) status is not mandatory for NRIs or foreign citizens of Indian origin to sell property they legally own in India. What matters is proof of ownership, identity, and tax compliance. Since both have valid PAN cards and your father holds an OCI card, your mother can sell as a foreign citizen of Indian origin using her valid passport, PAN, and other required documents. Sale proceeds must comply with FEMA/RBI guidelines. If personally attending is difficult, they can execute a registered Power of Attorney in favor of someone in India to complete the sale.

you can execute specific power of attorney in favour of father to sell the property 

it should be attested before Indian consulate abroad 

Yes you can also give POA to any person or your relative for selling the same and do the needful 

Non-Resident Indians (NRIs) often use POAs to manage their properties in India due to their absence. 
Similarly, foreign citizens who own property in India can also appoint a POA to handle property-related matters, including sales. 
A foreign citizen can grant a Power of Attorney (POA) to another foreign citizen to sell a jointly owned property in India. The POA must be properly executed and authenticated according to Indian laws.
The POA must be registered with the relevant authorities in India and potentially authenticated according to the laws of the country where it is executed. 
A foreign citizen cannot sell property in India using only a US passport if they do not have an OCI card or other permission from the Reserve Bank of India (RBI). While a US passport is needed for identification, additional permissions and documents are required to legally sell property in India, especially if the individual is not a resident of India.

Yes, a US passport is valid for the sale — it does not need to be an Indian passport. Your mom can give a registered Power of Attorney to your dad or to anyone she trusts in India; it doesn’t have to be someone with an Indian passport.

OCI card is required for purchase of immovable property in India, not for any immovable property  owned by anyone. PAN card is sufficient to sell the  property. If OCI is necessary for selling immovable property, than it is necessary for giving GPA also. But no OCI is required to sell property.

Since your parents are US citizens holding US passports, with your father also having an OCI card and your mother not yet holding one, they can still sell property in India provided they comply with applicable property and foreign exchange regulations. The law does not make an OCI card strictly mandatory for a foreign citizen to sell immovable property they already own in India, except that certain categories of property such as agricultural land, plantation property or farmhouses have restrictions for foreign nationals. OCI status, however, streamlines the process and documentary requirements, especially for proving eligibility to hold and transfer property and for repatriating sale proceeds overseas.

Both parents already having PAN cards is important since PAN is required for execution of the sale deed and for tax deduction at source on the sale consideration. A US passport is valid proof of identity for the transaction; an Indian passport is not required if they are foreign citizens. Your father’s OCI card will make his execution of documents straightforward. For your mother, who does not have an OCI card, she can still execute the sale, but she may be required by the registrar and the buyer’s side to provide additional documentation to satisfy KYC norms and compliance with the Foreign Exchange Management Act (FEMA). Where the sellers are abroad, they can either come to India to sign the sale deed before the sub‑registrar or they can execute a specific registered Power of Attorney in favour of a trusted person in India to act for them. The attorney does not have to be an Indian passport holder, but it is usually more convenient if the attorney is an Indian resident. The Power of Attorney must be specific to the property and to the act of sale, executed before a notary or Indian consulate abroad, and registered in India before it can be used.

To complete the sale, they will need valid passports, PAN cards, the original property title documents, a no‑encumbrance certificate, and the registered sale deed prepared for execution. If sale proceeds are to be repatriated abroad, they must comply with RBI rules on remittance, which may require proof of inheritance or prior ownership before becoming foreign citizens, and may have limits on the quantum that can be remitted in a financial year.

If your mother applies for and obtains an OCI card before the sale, it would avoid possible registrar‑level objections and ease repatriation later. In the meantime, the transaction is still possible with careful attention to FEMA compliance and local registration requirements, and with a properly executed and registered Power of Attorney if she does not travel to India for signing.

Dear Client,

• How else can they sell the house if OCI card is required?

Both you parents can sell the property without an OCI card, since the requirement of OCI card applies to purchase of property (not agricultural). However, what is imperative is the possession of proper ownership, PAN card and identity proof. Additionally, foreign nationals who do not possess an OCI card or PIO status, can sell the property only to a resident Indian citizen or a person of Indian origin.

• Is US passport valid, I’m told it needs to be an Indian passport?

Yes, the US passport is valid enough to execute the sale of the property. The US passport is valid identity for the purpose of sale of property.

I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.