You don’t need an Aadhaar card to sell your property as you are an OCI
PAN card, your OCI card, the passport should suffice

No, an Aadhaar card is not required for a non-resident Indian (NRI) to sell property in India. Instead, NRIs only need an NRO account.

Other documents required for selling property in India include: 

An encumbrance certificate to ensure the property has no dues to any legal authority

Identity proof documents, like a passport and PAN card

Current address proof documents, like utility bills

Passport size photographs.

If the registrar is still insisting on production of aadhar card then you can ask him to reject the registration document by giving reasons in writing after which you can prefer an appeal against the orders before district registrar or IG registration for direction to concerned registrar in this regard.

The Sub-Registrar can refuse registration if the transaction violates any laws, including zoning laws, land ceiling laws, or laws governing the transfer of agricultural land.

Aadhaar card is not mandatory for registration . The benefits of Aadhar based registration are that the practice of impersonation to register will come to an end .If the registrar is still insisting on production of aadhar card then you can ask him to reject the registration document by giving reasons in writing after which you can prefer an appeal against the orders before district registrar or IG registration for direction to concerned registrar in this regard.

If a Sub-Registrar refuses to register a document for reasons other than denying its execution, you can appeal to the Registrar above them. You must do this within thirty days of the refusal. The Registrar can change or cancel the Sub-Registrar's decision.  If the Registrar orders that the document should be registered and you present it for registration within thirty days of that order, the Sub-Registrar must follow the order. They will then follow the steps outlined in sections 58, 59, and 60. The registration will be treated as if it happened when you first tried to register it.

Here’s how to address the issue and clarify your position effectively:

Legal Clarifications on Aadhaar for Property Transactions

As an OCI cardholder, the requirement for an Aadhaar card in property transactions is not applicable to you under current laws. Here's the legal foundation supporting this:

1. Aadhaar Act, 2016:

   • Aadhaar is intended for Indian residents, defined as individuals who have resided in India for at least 182 days in the preceding 12 months.
   • OCI cardholders are not required to have an Aadhaar card, as they do not fall within the definition of "residents" under the Act.

2. RBI Guidelines:

   • RBI allows OCI cardholders to buy or sell immovable property in India, except agricultural land, plantation property, or a farmhouse. Aadhaar is not a stipulated requirement for such transactions.

3. Income Tax Rules:

   • For property transactions, a PAN card is required for tax compliance, including TDS and registration processes. Your PAN card fulfills this requirement.

4. Registration Act, 1908:

   • While registrars may insist on Aadhaar for authentication under local rules, the law does not mandate Aadhaar for property registration, especially for non-resident Indians or OCI cardholders.

Steps to Address the Registrar’s Concerns

1. Document Submission: Provide the following documents to the registrar to establish your identity and eligibility for the transaction:

   • UK Passport.
   • OCI Card.
   • PAN Card.
   • Proof of address in India (if necessary).

2. Formal Representation: Draft a formal letter or representation citing the above legal provisions and guidelines to explain why Aadhaar is not applicable in your case. Include copies of the supporting documents.

3. Engage a Local Lawyer:

   • Engage a lawyer to represent you before the registrar. The lawyer can clarify the legal position and, if necessary, escalate the matter to higher authorities.

4. Alternative Verification:

   • Offer alternative methods for identity verification if the registrar insists on additional documentation (e.g., notarized passport copies or an affidavit).

Optional: Obtain a Formal Legal Opinion

If the registrar remains uncooperative, a formal legal opinion from an advocate with expertise in property law can be helpful. The opinion should address:

• Your eligibility to sell property as an OCI cardholder.
• The sufficiency of a PAN card for registration.
• The non-applicability of Aadhaar in your case.

Escalation Options

If the matter is unresolved:

1. File a grievance with the Sub-Registrar’s Office or Inspector General of Registration.
2. Approach the local court for declaratory relief, if necessary.

Next Steps

• Draft a clear representation to the registrar based on the above points.
• Engage legal counsel to assist with submissions and negotiations with the registrar.

If you need help drafting the representation or legal opinion, feel free to provide more details about the location and property. I’d be glad to assist.
Thanks and Regards
Advocate Aman Verma
Legal Corridor

Yes, the person who has OIC Card does not require Adhaar Card for the purpose of registration of deed of conveyance. 

- 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 . 

- However, you can also give POA to your wife for selling the said property on your behalf. 

You can be exempted to provide adhar in above case if you have other documents 

1. Legal Provisions:

   • 
     Aadhaar is not mandatory for OCI holders for property transactions as they are not residents of India.
   • As per RBI guidelines, OCI holders can sell property using:

     • Passport.
     • OCI card.
     • PAN card (mandatory for tax purposes).

   • 
     Income Tax Rules confirm PAN suffices for property transactions.

2. Steps to Resolve:

   • Present your UK Passport, OCI card, PAN card, and any other required documents (e.g., address proof) to the registrar.
   • Politely inform the registrar that Aadhaar is only for Indian residents and provide official RBI/Income Tax references.

3. Legal Assistance:

   • If the issue persists, obtain a formal legal opinion from a property lawyer citing:

     • The Aadhaar Act (applicable to residents).
     • RBI’s FEMA guidelines on property transactions.

   • Request your lawyer to assist with communication or representation before the registrar.

4. Alternative Solutions:

   • If required, your wife (Indian passport holder) can complete the transaction on your behalf, ensuring compliance with all rules.

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.

1. Submit the document to the office of Sub-Registrar for registration.
2. Ask the Registrar to return the  document giving reason for rejection.
3. He cannot reject the document for want of aadhar as it is not a mandatory document.
4. Even if he returns, you can seek direction from High Court to Registrar to register the

1. I had successfully  organised  sale of property of a NRI who had only OCI Card.

2. Pursue the Registrar through your Advocate for getting the sale registered through OCI Card No.