Frequently Asked Legal Questions and Answers › Category: Property Issues › Transfer of Property: Can OCI Sign & Register Release Deed in India Without Aadhar?

Uma Shroff asked 1 year ago

I'm inquiring about the possibility of signing and registering a release deed in India by an OCI (Overseas Citizen of India) who does not possess an Aadhar card. The OCI intends to do this alongside other resident legal heirs who do have Aadhar cards and will be signing the same release deed. Is this feasible?

Can an OCI Sign and Register a Release Deed in India Without an Aadhar Card?

Transfer of Property: Can OCI Sign & Register Release Deed in India Without Aadhar?

Exploring the Legal Aspects

In the realm of property transactions in India, the question of whether an OCI (Overseas Citizen of India) can sign and register a release deed without possessing an Aadhar card is one that arises frequently. This inquiry hinges on the unique circumstances surrounding the OCI's visit to India for this purpose and the presence of resident legal heirs holding Aadhar cards who are also party to the release deed.

Understanding the Relevance of Aadhar

Before delving into the feasibility of the scenario, it's important to recognize the significance of the Aadhar card in Indian legal processes. Aadhar, India's biometric identification system, has been integrated into numerous aspects of governance and legal matters, including property transactions.

Key Considerations

When assessing the possibility of an OCI signing and registering a release deed without an Aadhar card, several critical factors come into play:

1. OCI Status and Visit to India

Is the OCI visiting India specifically for the execution of the release deed?
Does the OCI's status permit property-related transactions in India?

2. Presence of Resident Legal Heirs

Are there resident legal heirs involved who possess Aadhar cards?
Do these resident legal heirs concur with the release deed's terms?

Feasibility and Legal Recourse

The feasibility of this scenario largely depends on the answers to the questions posed above. While the absence of an Aadhar card might present challenges, it may not necessarily be an insurmountable obstacle. Legal recourse can be explored to facilitate the signing and registration of the release deed.

Possible Solutions

Obtaining a Unique Identification Number (UID): In certain cases, an OCI can apply for a Unique Identification Number (UID) in lieu of an Aadhar card. Moreover, you can use this for identification purposes in India.
Power of Attorney (PoA): If the OCI faces difficulties in physically being present for the deed. Of Course, they can consider granting a Power of Attorney to a trusted representative in India. Only they can possesses an Aadhar card for you.
Consulting Legal Experts: It is advisable for the OCI to consult legal experts who can navigate the specific circumstances. Of Course, they only can provide guidance on the best course of action.

Conclusion

While executing a release deed in India without an Aadhar card as an OCI alongside resident legal heirs with Aadhar cards may present complexities. Moreover, It is not necessarily an impossible feat. In fact, It requires a thorough understanding of the individual's OCI status, the willingness of resident legal heirs to cooperate, and potential legal solutions to address the absence of an Aadhar card. Finally, Consulting legal professionals is paramount in such situations to ensure a smooth and legally compliant process.