The PAN card is also a valid identity proof replacing AADHAR card.  She can give the copy of her passport too additionally. If you want to give power of attorney to your brother he can act only on your behalf if you want your wife to relinquish her rights in the property by executing a registered release deed.

However you both can execute a POA deed duly attested by an official of the Indian consult of your country of residence in favor of your brother authorising him to sell the property on behalf of both of you.

She has to produce the identity card approved by the government of india or the state government. Some offices insist for Aadhar as they get biometric details verified through UIDAI. Now, answering your question,

1. Under the impression, that it is not an ancestral property and none others except both of you claiming stake, both can execute a joint power of attorney in favour of your brother and he can execute the sale.

2.Yes.

G.Rajaganapathy

Advocate

High Court of Madras

Wife can execute registered gift deed in your name 

2) she can execute POA in favour of family member to execute gift deed 

3) it should be attested before Indian consulate in Australia 

4) wife cannot execute POA in favour of your brother as he is not family member 

1. For valid of transfer of immovable property, only pan card is required.
2. If you have pan number you can obtain duplicate pan card online.
3. Both can execute a GPA/POA from abroad, it requires only attestation by a notary public, no need to obtain attestation by embassy/consulate .

Yes she can relinquish her share to you so that it can be done. 

1️⃣ Can my wife transfer her share to you to avoid the PAN & Aadhaar issue?

• Yes, she can gift her share to you through a registered gift deed, but stamp duty and registration fees will apply.
• If done just before the sale, tax authorities may question the intent (possible tax avoidance).
• It's simpler to proceed with the sale jointly rather than transferring ownership.

2️⃣ Can you give a Power of Attorney (PoA) to your brother in India to sell the property?

• Yes, both of you can execute a Special Power of Attorney (SPA) in favor of your brother.
• The SPA must be notarized and apostilled (or attested by the Indian Embassy) in your country of residence.
• It should then be adjudicated in India at the local sub-registrar’s office before use.

Best Approach:

• Instead of transferring ownership, execute a SPA in your brother’s favor and proceed with the sale jointly.
• Your wife’s physical Aadhaar is not mandatory, but the buyer may ask for it for KYC. Ensure she has a valid PAN linked to a bank account for transaction purposes.

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.

- Since, your wife has PAN Card , then the Aadhar Card is not mandatory for selling the property , and she can produce the copy of the passport with it.

- Further, if she is unable to come India then she can give POA to her brother or nearest relative to execute the Sale deed on her behalf. 

- This POA should be notarized as per the rule of Australia and attested from the consulate of India;. 

1. She can registered Gift deed in your favor , however for the registration either she should appear personally or through a POA , hence not suggested

2. No, she can give POA to her brother or any nearest relative. 

Dear Sir,

Thank you for reaching out with your query. Given that you are not in India, I understand the need for a seamless process to sell your property without unnecessary travel. Below are clear legal solutions to address your concerns.

Question 1: Can Your Wife Transfer Her Share to You to Avoid PAN/Aadhaar Issues?

Yes, your wife can transfer her share of the property to you, but there are legal and tax implications to consider. The most efficient ways to do this are:

1️⃣ Gift Deed (Recommended)

• Your wife can execute a Gift Deed in your favor, transferring her share without monetary consideration.
• As a husband-wife transfer, there is no income tax liability, but a stamp duty of 2-3% (varies in Karnataka) will apply.
• The Gift Deed must be registered with the Sub-Registrar Office (SRO) in Bangalore.

2️⃣ Sale Deed (If a Gift Deed is not preferred)

• Your wife can sell her share to you at an agreed price.
• Stamp duty (5-6%) and registration charges will apply.
• The transaction will be considered a capital gain under tax laws.

📝 Legal Assistance: I can draft the Gift Deed or Sale Deed, ensuring smooth execution and compliance with local laws.

Question 2: Can You Give Power of Attorney (PoA) to Your Brother for Sale?

Yes, you can execute a Power of Attorney (PoA) in favor of your brother, allowing him to sell the property on your behalf.

Process for Executing a Power of Attorney from Abroad:

✔ Step 1: Draft a Special Power of Attorney (SPA) specifying that your brother has the authority to sell the property, sign sale agreements, and register the property in the buyer’s name.
✔ Step 2: Sign the SPA in the presence of the Indian Embassy/Consulate in your country OR get it notarized abroad and apostilled.
✔ Step 3: Send the notarized/apostilled SPA to India.
✔ Step 4: Your brother must adjudicate the SPA at the Sub-Registrar’s Office in Bangalore (small fee applies).
✔ Step 5: Once adjudicated, the PoA is legally valid, and he can execute the sale.

📌 Important Notes:
🔹 A General Power of Attorney (GPA) is no longer valid for property sales after Supreme Court rulings, so a Special Power of Attorney (SPA) must be used.
🔹 If your wife still holds her share, she must also issue a separate SPA for her portion.
🔹 The buyer may insist on direct owner involvement in the sale agreement, so structuring the PoA correctly is essential.

📝 Legal Assistance: I can draft a legally sound Power of Attorney that meets embassy and Indian registration requirements, ensuring a hassle-free sale.

Best Legal Strategy for You

✔ Option 1: Your wife executes a Gift Deed transferring her share to you → You alone give SPA to your brother → He sells the property.
✔ Option 2: Both you and your wife issue a Special Power of Attorney (SPA) to your brother → He sells the property on behalf of both of you.

Why You Need a Legal Expert for This?

🛡 Property transactions from abroad involve strict legal procedures, and minor errors can delay or invalidate the sale. I specialize in drafting:
✅ Gift Deeds / Sale Deeds 📜
✅ Special Power of Attorney (SPA) for NRI property transactions ✍️
✅ Legal representation for document execution & registration ⚖️

🚀 Let’s make this process easy and legally secure for you. I would be happy to assist with drafting, attestation, and execution of all documents required for your sale.

📞 Contact me today for a consultation and stress-free execution of your property sale!

Contact/WhatsApp No - Nine Five Nine Two Five Zero Zero Zero Six Eight 

Yes, you can sell your jointly owned property in Bangalore through proper legal channels without physically coming to India. Here’s how:

1. Transfer of Wife’s Share to You:
   Your wife can transfer her share in the property to you through a Gift Deed or Release Deed in your favour. However, this deed must be executed on Indian stamp paper, duly registered at the Sub-Registrar’s office in Bangalore, and attract applicable stamp duty.

2. Power of Attorney to Brother:
   You and your wife can execute a Special Power of Attorney (SPA) in favour of your brother, authorising him to sell the property on your behalf. Since you are outside India, the SPA must be notarised and attested by the Indian Consulate/Embassy in your country of residence. Once attested, it must be sent to India and adjudicated(validated) at the local Sub-Registrar’s office in Bangalore.

3. PAN and Aadhaar Requirement:
   Your wife’s PAN number is sufficient for tax purposes, but at the time of registration, the buyer may require Aadhaar details. While Aadhaar is generally mandatory for property transactions, alternative KYC documents like a passport or voter ID may be acceptable. It is advisable to consult with the Sub-Registrar’s office in Bangalore regarding the exact requirements.

4. TDS and Capital Gains Tax Compliance:
   If the sale price exceeds ₹50 lakh, the buyer must deduct 1% TDS under Section 194IA of the Income Tax Act. Additionally, capital gains tax implications must be considered, and exemptions under Sections 54 or 54EC may be available if reinvestment is made in eligible assets.

Next Steps:

• Consult a local property lawyer in Bangalore to draft the necessary documents.
• If proceeding with a Power of Attorney, execute and attest it at the Indian Consulate and send it for adjudication in Bangalore.
• Verify with the buyer and local authorities regarding alternative KYC options if Aadhaar is unavailable.