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Old Aadhaar Address Usually Does Not Affect New Property Ownership

Old Aadhaar Address Usually Does Not Affect New Property Ownership
Joint ownership over: Former property holder still uses address on Aadhaar and bank—should you worry? Experts explain · livemint.com

If one brother legally buys the other brother’s share, he becomes the sole owner.

The former owner may still have the old address on Aadhaar or bank records.

That old address does not normally give him ownership again.

Aadhaar is used to identify a person, not to prove who owns a house.

Bank address records also do not prove property ownership.

A creditor usually cannot take the house just because the former owner’s records show that address.

However, recovery agents might still visit the address if their records are outdated.

The new owner should show the registered transfer papers and ask the former owner and institutions to update the address.

Key facts

Ownership effect
A duly executed and registered transfer of the 50% share makes the buyer the sole owner, subject to the validity of the transaction.
Aadhaar status
Keeping the old address does not automatically invalidate the former co-owner’s Aadhaar.
Bank records
A bank’s KYC address records contact or address details and do not establish property ownership.
Creditor claims
A creditor generally cannot acquire rights over the property merely because the debtor’s Aadhaar or bank records show its address.
Fraudulent-transfer risk
A creditor may challenge a transfer allegedly made to defeat or delay creditors, subject to Section 53 of the Transfer of Property Act, 1882.
Recommended documents
The new owner should retain the registered sale deed, earlier title deed, mutation or municipal records, tax records and payment evidence.
Address-update steps
The buyer can request the former co-owner and relevant banks or institutions to update their records, but cannot ordinarily change them directly.

Quotes

Amitraj Kaushal

Advocate at the Supreme Court of India

“Once a co-owner has validly transferred his share in an immovable property through a duly executed and registered instrument, the fact that he continues to use the property’s address on Aadhaar, bank accounts or other records does not, by itself, establish any continuing ownership interest in the property”
livemint.com
“A creditor cannot ordinarily acquire rights over property merely because the debtor's Aadhaar or bank records continue to show that address.”
livemint.com

Sources

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