I am an OCI, and inherited land from your father. The land was transferred to my name. I have a Buyer for the land. I have a PAN card, but not Aadhar card, and no other proof of residence in India. Do I need the Aadhar card, or proof of indian residence, to sell the land?Thanks!
Asked 2 years ago in Property Law
Religion: Hindu
No you don't need adhar card compulsory for sale of land but for registration you need to get some authenticated document of address proof along with pan card
Prashant Nayak
Advocate, Mumbai
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Thanks! Since the property is already in my name (registered), do I need to show proof of residence in India? Wha if I don't have such proof?
Asked 2 years ago
No need.
Prashant Nayak
Advocate, Mumbai
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You need not have an Aadhaar Card as you are an NRI. Your passport and PAN Card details are sufficient for registration of the sale deed. If you are not able to be physically present in India, you may appoint a close friend or relative as your power agent to sell the property. In such a case, the power agent's Aadhaar details are necessary.
Swaminathan Neelakantan
Advocate, Coimbatore
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not at all
you are not even required to show any proof of residence
since you are an OCI, the buyer will have to deduct full TDS @20% from the sale price
you can claim refund of that TDS by filing your IT return in India provided you are entitled to such a refund - like when you have invested the sale proceeds in purchase of a residential house in India or have purchased government bonds, then you are not liable to pay any capital gains tax and TDS already deducted can be claimed as a refund
Yusuf Rampurawala
Advocate, Mumbai
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1. Before Aadgar Card came into force the registrations of properties used to be conducted based on PAN card only.
2. Thereafter Aadhar Card has been introduced which based on which PAN no. can be traced.
3. Since you have not applied for Aadhar card but have PAN Card, you can register your sale deed based on the said PAN card and also the OCI Card.
Krishna Kishore Ganguly
Advocate, Kolkata
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You won't have to show the evidence of your residence in India.
Krishna Kishore Ganguly
Advocate, Kolkata
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PAN Card is sufficient
you don’t need aadhar card to sell the land
Ajay Sethi
Advocate, Mumbai
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an OCI should have documents to prove their address in India as well as in the country of residence
Ajay Sethi
Advocate, Mumbai
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Dear Client,
Yes, You have to show proof of residence in India.
Thankyou
Anik Miu
Advocate, Bangalore
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1. Aadhar Card will not be insisted for OCI Card holders as Sellers of the immovable properties.
2. If there is any other document such as Bank Passbook, indicating the local address, then that would suffice.
Shashidhar S. Sastry
Advocate, Bangalore
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If you are selling the immovable property as a resident Indian then you may have to provide documentary evidences to prove the same.
If the PAN card contains the Indian address, then it may be considered as a valid document for identifying you as an executant of the registered sale deed in favor of the buyer.
T Kalaiselvan
Advocate, Vellore
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If you don't have proof for Indian residential address then you may have to produce the Passport which will clearly identify you either as a resident Indian or aforeigner.
If you are a NRI or a foreign citizen then you may have to pay the capital gains taxes accordingly as applicable to NRI
T Kalaiselvan
Advocate, Vellore
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Hi, Adhar is not required for sell the property in India.
Pradeep Bharathipura
Advocate, Bangalore
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You don't need any aadhar card or proof of residence for selling any property in India. Your passport, Pan card and OCI card will suffice.
Siddharth Jain
Advocate, New Delhi
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Any such proof would not be needed
Siddharth Jain
Advocate, New Delhi
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- Since you have PAN Card , then it will work as the identity proof , and the property paper in your name can be considered as address proof
- Hence, these two documents are enough to execute the sale deed for transferring the property in the name of buyer.
- Further, your OCI Card /passport is for showing the country of residence if needed.
Mohammed Shahzad
Advocate, Delhi
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