Why must PAN details be verified before registration?

Hello LandBank

Verification of Permanent Account Number (PAN) details before the registration of property is a mandatory step enforced under Indian tax and registration laws to ensure transparency, traceability, and compliance in high-value real estate transactions. It is a safeguard against tax evasion, benami transactions, and identity fraud.

1. Mandatory Under Income Tax Law for High-Value Transactions

  • As per Rule 114B of the Income Tax Rules, 1962, quoting of PAN is compulsory for property transactions where the sale value exceeds ₹10 lakh or the stamp duty value exceeds ₹10 lakh, whichever is higher.
  • Both buyer and seller must quote PAN in the sale deed and supporting registration documents.

2. TDS Deduction and Compliance Under Section 194-IA

  • For transactions over ₹50 lakh, the buyer is required to deduct 1% TDS under Section 194-IA of the Income Tax Act.
  • Verification of PAN ensures:
    • Proper filing of Form 26QB
    • Generation of Form 16B
    • Accurate credit of TDS to the seller’s account

3. Preventing Identity Fraud and Misrepresentation

  • PAN verification helps prevent:
    • Fake identity usage
    • Sale through impersonation or forged documents
    • Incorrect reporting of income under a different name
  • It establishes the legal identity of both parties and links them to the transaction digitally.

4. Cross-verification Through Government Portals

  • PAN is verified using:
    • Income Tax Department’s PAN database
    • NSDL or UIDAI portals
    • Digital signatures and e-KYC systems used by Sub-Registrar Offices
  • Any mismatch in name, number, or date of birth can stall the registration process or flag the transaction for review.

5. Linkage to Financial and Tax Records

  • PAN acts as a unique identifier linking the property transaction to:
    • Annual Information Statement (AIS)
    • Form 26AS
    • Capital gains declaration in the seller’s ITR
  • This enables the Income Tax Department to track asset ownership and gain patterns for audit and compliance purposes.

6. Support for Anti-Benami Transaction Monitoring

  • PAN verification is critical to detect and prevent benami property transactions, where the property is purchased in the name of a proxy but funded by someone else.
  • It ensures transparency in the source of funds and the actual ownership trail.

7. Requirement for Financial Institutions and Legal Clearances

  • If the transaction involves:
    • Home loans or mortgages
    • Institutional funding or third-party validation
  • PAN verification is required for loan disbursement, legal due diligence, and CIBIL reporting.

8. Enabling Online Registration and Tax Filing Integration

  • States that offer digital property registration or e-stamping platforms mandate PAN entry as part of:
    • User login
    • Document validation
    • Auto-filling of registration forms
  • The PAN enables seamless linking with GST, Aadhaar, and banking data for audit trails.

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