As more overseas Indians consider returning home, questions around documentation, compliance and legal formalities often take centre stage.

In a recent podcast conversation on ‘Desi Return’, Anvit, Co-founder and COO of ‘Documitra’, broke down the key legal requirements individuals should be aware of when moving back to India, particularly for OCI cardholders and foreign nationals.

OCI card: Rights and limitations

Anvit explained that Overseas Citizen of India (OCI) cardholders enjoy rights almost equivalent to Indian citizens, with two key exceptions – they cannot vote in Indian elections or purchase agricultural land.

Apart from these restrictions, OCI holders can live in India indefinitely, travel freely across the country, take up employment and even start a business.

Importantly, OCI holders are not required to register with the Foreigners Regional Office (FRO), which simplifies long-term stays. However, for employment or business purposes, obtaining a PAN card remains essential.

Aadhaar Card Rules: The 180-day requirement

A major area of confusion surrounds Aadhaar eligibility. According to the expert, OCI cardholders must complete 180 days of continuous stay in India before applying for Aadhaar. Short visits or back-and-forth travel do not qualify under UIDAI rules.

“To get an Aadhaar card you definitely need to have a local address. There’s no exception for that,” he said, noting that rental agreements, electricity bills, or property ownership documents can serve as proof.

PAN card can be applied from abroad

Unlike Aadhaar, a PAN card can be obtained without being physically present in India. “A person doesn’t have to even be here in India or they don’t even need to be physically present in India,” Anvit said. Applicants can receive an e-PAN within 7–10 days.

Since the PAN card does not mention nationality or address, there is generally no need to update it after a change in citizenship status. However, surrendering and reapplying may be an option in certain cases.

Banking compliance

Anvit also cautioned returnees to ensure their citizenship status is clearly recorded in banking paperwork. Failure to disclose foreign nationality correctly could lead to complications with regulatory authorities later.

Power of Attorney: When it is necessary

For those living abroad, a Power of Attorney (PoA) becomes essential when handling property transactions, loans or financial matters in India. “Power of attorney is basically the document where you can give power to any of your friends or family back here in India when you are living abroad,” he explained.