• Rectification deed without PAN card NRI

Hi, I am an nri. I want to do a rectification deed in my name ( as existing owner/buyer of the property). I don’t have a pan card. Is pan card mandatory to do property registration in India( Andhra Pradesh) or oci ( overseas citizen of India)card is acceptable as id proof . Is American passport is acceptable as id to register property in india
Asked 10 days ago in Property Law
Religion: Hindu

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14 Answers

Yes pan and adhar are required. You can seek assistance of sub registrar office and opt for manual registration by exempting PAN Card 

Prashant Nayak
Advocate, Mumbai
32721 Answers
208 Consultations

You need to file and application to the sub registrar office and on basis of adhar card can do the same 

Prashant Nayak
Advocate, Mumbai
32721 Answers
208 Consultations

You should apply for a PAN card

 

for execution of rectification deed, the registration authorities would insist on the PAN card

 

you can offer other identification documents like an OCI card, passport,

 

 

Ajay Sethi
Advocate, Mumbai
97306 Answers
7860 Consultations

as mentioned here in above, the Registration authorities would insist on a PAN card for registration of a sale deed

 

you may offer alternative documents like your OCI card

Ajay Sethi
Advocate, Mumbai
97306 Answers
7860 Consultations

OCI is accepted to register a deed of conveyance in India.

 

Devajyoti Barman
Advocate, Kolkata
23295 Answers
519 Consultations

Pan card will be needed since the Sub registrar transmits the information regarding the registered document to the Income Tax department 

Yusuf Rampurawala
Advocate, Mumbai
7724 Answers
79 Consultations

No, an NRI (non-resident Indian) cannot register an immovable property in India without a PAN card or an Indian passport.

An NRI needs a valid passport to buy property in India. If the NRI has an Overseas Citizens of India (OCI) card, they can use that instead of an Indian passport. 


Other requirements for NRIs include: 

Meeting all the requirements and conditions of the FEMA and the Income Tax Act, 1961 

Being able to freely acquire immovable property by gift from a resident Indian, another NRI, or a PIO 

 

Citizens of Pakistan, Bangladesh, Sri Lanka, Afghanistan, China, Iran, Nepal, or Bhutan cannot acquire or transfer immovable property in India without the prior permission of the Reserve Bank.

T Kalaiselvan
Advocate, Vellore
87508 Answers
2349 Consultations

An NRI needs a valid passport to buy property in India. If the NRI has an Overseas Citizens of India (OCI) card, they can use that instead of an Indian passport. 

Other documents required for property registration include: 

Address proof 

Power of attorney (POA) if the NRI is not present in India during the process 

Photocopies of residence proof for each owner 

Photocopies of the certificate of possession 

Two passport size photographs of each owner.

Other requirements for NRIs include: 

Meeting all the requirements and conditions of the FEMA and the Income Tax Act, 1961 

Being able to freely acquire immovable property by gift from a resident Indian, another NRI, or a PIO 

T Kalaiselvan
Advocate, Vellore
87508 Answers
2349 Consultations

In India, when dealing with property registration, especially as an NRI (Non-Resident Indian), certain documents are required by law to establish identity and comply with tax regulations. Here’s how you can proceed regarding your query about using an OCI card or American passport for a rectification deed in Andhra Pradesh:

PAN Card Requirement


  • PAN Card for Property Transactions: In India, a PAN (Permanent Account Number) card is generally required for registering property to comply with tax regulations. For transactions involving amounts exceeding Rs. 10 lakh, the PAN card of the parties involved is mandatory.

  • Exception for NRIs: If you do not have a PAN card, you can apply for one, or in certain cases, you might be able to complete transactions using a Form 60 declaration. However, the acceptance of this form instead of a PAN card depends on the specific policies of the state's registration department.

Alternative ID Proofs


  • OCI Card: The Overseas Citizen of India card can generally be used as a proof of identity in India for various purposes. For property registration, it may be accepted as proof of your NRI status, but you would likely still need a PAN card for the financial aspects of the transaction.

  • American Passport: Your American passport can be used as proof of your identity. However, for the purposes of property registration in India, it must be accompanied by other necessary documents, such as a PAN card or Form 60 if you do not have a PAN.

Steps to Follow


  1. Contact a Lawyer or Consultant: Before proceeding, it's advisable to consult with a property lawyer or a legal consultant who specializes in NRI property transactions in India. They can provide precise guidance and help ensure compliance with all legal requirements.

  2. Apply for a PAN Card: If you do not have a PAN card, consider applying for one. The process can be initiated online through the NSDL or UTIITSL website and can be completed with the assistance of a legal or financial advisor in India.

  3. Documentation: Gather your OCI card, American passport, and any other documents that prove your legal right to the property needing rectification. These documents will be crucial for the rectification deed process.

Registration Process


  • Registration Office: You will need to submit the rectification deed along with the required documents at the registrar's office where the original deed was registered.

  • Presence in India: For the registration of the rectification deed, your physical presence or that of a legally authorized representative (through a Power of Attorney) might be required at the registrar's office.

Conclusion

While your OCI card and American passport serve as valid identity proofs, a PAN card is generally crucial for property registration due to tax regulation compliance in India. If obtaining a PAN card quickly is an issue, discuss with your legal advisor about using Form 60 as an interim measure.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
379 Answers

pan is necessary for both seller and buyer. oci is sufficient for id proof. 

Ravi Shinde
Advocate, Hyderabad
4305 Answers
42 Consultations

As an NRI seeking to execute a rectification deed or any property registration in India, the following points address your query regarding identification proof:

1. Is PAN Card Mandatory for Property Registration in Andhra Pradesh?

Yes, a PAN card is generally required for property transactions in India, including registration of rectification deeds, as per the Income Tax Rules, to ensure compliance with tax reporting obligations. However:

  • For NRIs who do not have a PAN card, Form 60 can be submitted as an alternative.
  • Form 60 is a declaration that you do not possess a PAN card, which may be acceptable for property transactions under certain conditions.

2. Is an OCI Card Acceptable as ID Proof?

Yes, your OCI (Overseas Citizen of India) card is considered valid identification proof for property transactions in India. It establishes your legal status as a person of Indian origin and allows you to conduct property transactions.

3. Is an American Passport Acceptable as ID Proof?

An American passport can also be used as valid identification proof for property registration in India, especially if accompanied by your OCI card. The passport should be current and valid at the time of registration.

4. What ID Proof Can Be Used for Manual Registration?

The following documents are generally accepted for property registration in Andhra Pradesh:


  1. OCI Card: Preferred for NRIs.

  2. Passport: Your American passport is valid as proof of identity and nationality.

  3. Address Proof: Any overseas address proof (such as a utility bill, bank statement, or driving license).

  4. Aadhaar Card (if available): While optional for NRIs, it may be required in some states for verification.

5. Additional Recommendations

  • Ensure that your name and details on the rectification deed match those on your passport/OCI card.
  • Carry multiple copies of all documents and ensure they are notarized or apostilled if required.
  • Verify requirements with the Sub-Registrar Office (SRO) in Andhra Pradesh before proceeding to avoid delays.

If you need further assistance with drafting the rectification deed or navigating registration formalities, feel free to reach out.

Warm regards,
Adv. Aman Verma
Legal Corridor
www.legalcorridors.com

Aman Verma
Advocate, Delhi
101 Answers

OCI Card is accepted in such cases. 

Krishna Kishore Ganguly
Advocate, Kolkata
27508 Answers
726 Consultations

1.American passport or passport of any country is not acceptable for registering a deed of conveyance in favour of an OCI.

 

2. OCI Certificate shall be required for the said purpose.

 

Krishna Kishore Ganguly
Advocate, Kolkata
27508 Answers
726 Consultations

- As per the Supreme Court in the matter of Justice K.S. PUTTASWAMY (RETD.) AND ANOTHER VERSUS UNION OF INDIA AND OTHERS , No person should suffer for not getting the Aadhaar card in spite of the fact that some authority demand the same

- Hence, the PAN card is not mandatory for the registration of any document including rectification deed. 

- Passport or other cards can be submitted for the same .

Mohammed Shahzad
Advocate, Delhi
14695 Answers
224 Consultations

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