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Can a senior citizen sell their house without a PAN number?

Milind

Milind Vadjikar  |1219 Answers  |Ask -

Insurance, Stocks, MF, PF Expert - Answered on Sep 22, 2024

Milind Vadjikar is an independent MF distributor registered with Association of Mutual Funds in India (AMFI) and a retirement financial planning advisor registered with Pension Fund Regulatory and Development Authority (PFRDA).
He has a mechanical engineering degree from Government Engineering College, Sambhajinagar, and an MBA in international business from the Symbiosis Institute of Business Management, Pune.
With over 16 years of experience in stock investments, and over six year experience in investment guidance and support, he believes that balanced asset allocation and goal-focused disciplined investing is the key to achieving investor goals.... more
veruthaal Question by veruthaal on Sep 21, 2024Hindi
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If a senior citizen wants sells a house registered in her name, does she needs PAN number to sell the house?

Ans: Sale or purchase of any immovable property for an amount exceeding Rs. 10 lakh or valued
by stamp valuation authority at an amount exceeding 10 L, mandatorily requires PAN card of both parties.
DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.
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Ramalingam

Ramalingam Kalirajan  |8342 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Mar 20, 2025

Asked by Anonymous - Mar 20, 2025Hindi
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What should be the Maximum age of a seller , in case of a Senior citizen - male , if the property is sold to his 3rd Sibling - son ( 1st - Daughter , 2nd - Daughter & 4th - Son , excluded ) , deal tyme age is 75 years , wife not included , enforceable as fraudulent ir not , end use of sale transaction not justified , Pls guide ??
Ans: No Maximum Age Limit for Sale:

There is no legal restriction on the maximum age at which a person can sell their property.
A senior citizen can sell property at any age if they are mentally sound and acting voluntarily.
Mental Capacity of the Seller:

The seller must be in a stable mental condition at the time of the sale.
If there is any medical history of mental illness, the sale can be challenged.
Consent and Awareness:

The seller must fully understand the transaction and its consequences.
If the seller is being forced or manipulated, the transaction can be declared fraudulent.
Is Selling to One Son Only a Problem?
Unequal Distribution of Assets:

If the father sells the property to one son without involving other legal heirs, disputes may arise.
Daughters and the fourth son may challenge the sale if it is not done fairly.
Legal Heir Rights and Family Property Laws:

In case of ancestral property, all legal heirs have equal rights.
If it is self-acquired property, the father has the right to sell it to anyone.
Gift vs. Sale Difference:

If the property is sold at a very low price, the daughters and fourth son may argue that it is a hidden "gift".
If the sale price is at market rate, then legal objections are weaker.
Fraudulent Transaction Risk and Challenges
Fraudulent Sale Claims by Other Children:

If the father was not mentally fit, the sale can be reversed in court.
If he was forced, manipulated, or deceived, the transaction is unenforceable.
Lack of Proper Documentation:

If the sale deed is incomplete or lacks proper witness signatures, it may not hold up legally.
Any missing consideration details (payment records, sale agreement, etc.) can be used to challenge the sale.
Misuse of Funds from Sale:

If the father sells the property but the end-use of funds is unclear, it raises legal concerns.
Family members can argue that he is being exploited for financial gain.
Key Actions to Avoid Legal Disputes
Get a Medical Fitness Certificate:

A doctor’s certification confirming the seller’s mental fitness will prevent future challenges.
Ensure Transparent Sale Price:

The sale should be done at market value, and payment should be through bank transactions.
Avoid cash transactions as they weaken legal standing.
Register the Sale Properly:

The property sale must be registered with the Sub-Registrar Office to ensure legal validity.
Notify All Legal Heirs:

Informing all heirs about the sale reduces future disputes.
Document the End Use of Sale Proceeds:

A clear plan on how the money will be used helps avoid financial exploitation claims.
Final Insights
Selling a property at 75 is legally valid, but mental fitness and fair valuation are crucial.
If the sale appears unfair or forced, other heirs may challenge it as fraudulent.
Clear documentation, proper registration, and legal transparency reduce future conflicts.
Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

https://www.youtube.com/@HolisticInvestment

..Read more

Latest Questions
Ramalingam

Ramalingam Kalirajan  |8342 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on May 13, 2025

Asked by Anonymous - May 13, 2025
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Greetings!!!! I am 43 years Old, I had started 10k per month TATA AIA SIP in previous year for total 7years Plan. I want to education plan for my 1 kid who is 6 years old now. Please advice and guide me about more investments plan, as i am still confused about future growth and any plan for my wife age 38years.
Ans: You're at a critical financial stage. Planning for your child’s education and securing your family’s future are both top priorities. You've already started a ULIP, which is a start. But let’s take a deeper 360-degree view of your situation.

Below is a detailed plan, broken into simple sections for better clarity.



Assessment of Your Current ULIP Investment

You're investing Rs. 10,000 per month in a 7-year ULIP.



ULIPs mix insurance with investment. That reduces the growth power of your money.



Charges like premium allocation, fund management, and mortality charges reduce returns.



Your actual invested amount is much lower in the first few years.



ULIPs have limited flexibility in fund switching and partial withdrawal rules.



Maturity benefits are taxed if the annual premium exceeds Rs. 2.5 lakh. Be cautious of this.



A ULIP is not ideal for education goals or long-term wealth building.



As a Certified Financial Planner, I suggest surrendering this policy and moving funds to mutual funds.



You can continue till 5 years to avoid surrender charges if already started.



But do not renew after the 7-year term. Don't increase contributions in this ULIP.



Planning for Your Child’s Higher Education

Your child is 6 years old. You have around 11-12 years.



College education in India or abroad can cost Rs. 30–60 lakhs or more.



Instead of ULIPs, invest in diversified mutual funds. This will give better inflation-adjusted returns.



Use a mix of large cap, flexi cap and small cap mutual funds.



Start SIPs in these funds with a long-term horizon of 10-12 years.



You may also consider goal-based child education funds that are actively managed.



Don't invest in direct funds. They look cheaper, but don’t offer guidance.



Always invest through a Certified Financial Planner via a regular plan.



Your investment will stay aligned with your goal as the planner will guide with rebalancing.



Use a dedicated SIP only for child’s education goal. Don’t merge it with retirement planning.



Suggested Action Plan for Child’s Education

Shift future contributions from ULIP to SIPs in active funds.



Start with Rs. 20,000 per month SIP only for education.



Review this SIP every year and increase it by 10%-15% annually.



Add lump sums like bonuses or yearly increments into the same goal fund.



In the last 2 years before the education goal, shift to debt funds slowly.



This will protect your accumulated amount from equity volatility.



Investment Plan for Your Wife (Age 38)

She has a long horizon. She can invest for both retirement and her independent needs.



Open a separate mutual fund folio in her name.



Start SIPs in flexi cap, large & midcap, and hybrid funds in regular plans.



You can start with Rs. 10,000 per month and increase gradually.



You may also use her PPF account for additional tax-free corpus.



Avoid investing in gold, insurance policies, or real estate for her.



Ensure she has her own health insurance and a term insurance if she’s working.



If she’s not working, then create an emergency fund in her name.



That gives her independence and safety if she needs cash.



Family Protection with Insurance

You did not mention your term cover. You must have it if not already.



Ideal cover should be 15–20 times your yearly income.



ULIPs or LIC endowment policies should not be considered for protection.



Avoid investment-linked insurance plans. Keep insurance and investment separate.



Review your existing insurance covers. Add riders like critical illness and accident if needed.



Tax Efficient Planning

Use Section 80C wisely. Don’t just rely on ULIP or LIC plans.



Max out PPF, ELSS mutual funds, and children tuition for tax saving.



Invest in actively managed ELSS funds for better returns than ULIPs.



Avoid index funds for tax planning. They may underperform in volatile markets.



Debt funds are taxed as per slab now. Use carefully if short horizon.



Track capital gains if you sell mutual funds. Use new tax rules for equity funds:



  - LTCG above Rs. 1.25 lakh taxed at 12.5%

  

  - STCG taxed at 20%



Plan redemptions well in advance to manage taxes efficiently.



Retirement Planning (For You and Wife)

Start a separate SIP for your retirement corpus. Do not merge with other goals.



You have 17 years for retirement. That’s good for wealth accumulation.



Invest in a mix of actively managed flexi-cap and large-cap funds.



Add hybrid funds to reduce volatility as you near retirement.



Continue EPF, and increase VPF if possible. It is tax-free and safe.



Don't consider NPS if liquidity is important. Maturity rules are rigid.



Use mutual funds with regular advice to stay on track till age 60.



Exit ULIPs and Poor Insurance Products

You mentioned TATA AIA ULIP. Continue for 5 years to avoid penalty.



After that, exit and move funds to SIP in mutual funds.



If you or wife have LIC endowment, Jeevan Saral, or ULIPs, surrender them.



Reinvest maturity amount into SIPs in regular mutual fund plans.



Do not fall for insurance agents who pitch plans as tax saving or guaranteed.



Emergency Fund and Liquidity

Keep at least 6 months of family expenses in a liquid mutual fund.



Don’t use your SIP or education fund as emergency source.



You may open a separate savings bank linked sweep account for this.



This fund will help if there is any job loss, health issue, or urgent need.



What Not to Do

Don’t invest in new ULIPs or insurance-linked plans.



Avoid direct mutual fund investments. You won’t get guided rebalancing.



Do not use your child’s education fund for house down payment.



Don’t pick index funds. They underperform in sideways or bear markets.



Don’t buy land or gold as an investment for your goals.



Final Insights

You are at a very strategic life stage. You have time and income strength.



ULIPs will not help you grow wealth. Shift to goal-based mutual fund SIPs.



Separate goals: child education, your retirement, wife’s security, and emergencies.



Invest only through a Certified Financial Planner for customised long-term support.



Review all goals every year. Increase SIPs with income.



Protect family with pure term insurance and health insurance.



Focus on building wealth in regular mutual funds, not through insurance products.



Real financial freedom comes when goals are funded without stress.



You have a clear head start. Use it with discipline and right guidance.



Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

...Read more

DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

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