Aadhaar for NRI in Saudi Arabia with Address Issue

One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

TL;DR: The Tehsil office cannot insist on a deceased father's passport when you applied as an individual. The correct route is to demand a written rejection with reasons, submit alternative self-proof documents, and if the file still stays stuck, challenge the delay through a writ petition before the High Court under Article 226.

Rohan Mehta landed at Devi Ahilyabai Holkar Airport in Indore on a humid June morning in 2025. He had exactly eleven days in India before flying back to Riyadh. Eleven days to fix a problem that had been festering since 2017. The old family address on his Indian passport pointed to a lane in Pune that no longer exists, demolished years ago. His father passed away in 2019. No property. No utility bill. No relative whose address he could straightforwardly use. The Aadhaar application he filed in 2024 had sat pending with the Sub-Divisional authority for six months before dying at the Tehsil office. Address verification failed. He had tried the local agent route. A bank-affiliated enrolment operator in Jaipur took his money, checked his documents, and returned a shrug. "Adult first enrolment, Tehsil holds the file, go yourself." It went nowhere. Now, back in Indore, he filed again. Status moved nowhere. The Tehsil clerk asked for his late father's passport copy, a document the family never kept. Rohan had no copy. He had his own birth certificate, his current passport, his Saudi residence card, his mother's Aadhaar, her passport, a notarised affidavit from Riyadh. But the clerk wanted the father's passport. He went back twice. Same wall. The client approached the Chamber of Advocate Sudhir Rao, Supreme Court of India, after a relative in Delhi mentioned that general practitioners rarely touch these UIDAI stuck-file cases. Advocate Sudhir Rao and his office reviewed the Aadhaar enrolment regulations, the UIDAI circulars on NRI enrolment, and the specific language of the rejection note. The office prepared a detailed representation citing the legal position that an individual applicant cannot be forced to produce a deceased relative's passport when his own identity and residence documents are complete. That representation, followed up with persistent follow-ups and eventual threat of writ jurisdiction under Article 226, shifted the file. The application got cleared after a proper document table was submitted to the District office instead of the Tehsil clerk's ad hoc demand. Advocate Sudhir Rao's expertise in this domain helped secure the order in favour of the client, who enrolled before his flight back.

Key Facts of the Case

- The applicant is an NRI born and living in Saudi Arabia since 1997 - He holds an Indian passport but the address printed is of a demolished old property in Pune - The family owns no real estate in India - The father, whose passport the Tehsil office demanded, died in 2019 and no copy of that passport exists - The Aadhaar application was filed as an individual applicant, not in Head of Family mode - The application was pending with District/Sub-Division authorities for over six months before rejection - The mother holds a valid Aadhaar and Indian passport - The applicant has a Saudi residence permit, birth certificate, and notarised affidavit

The Direct Legal Answer

Is there any alternative document I can provide instead of my father's passport?

Yes. When you apply as an individual under the Aadhaar (Enrolment and Update) Regulations, the verifying authority should test your identity and address proof, not your deceased father's. You can offer your birth certificate, current Indian passport, Saudi residence card, a notarised affidavit from a notary in Saudi Arabia, your mother's Aadhaar with an undertaking, or any document showing your current overseas address. You have the right to ask the Tehsil office to put the demand for the father's passport in writing.

Is there another way to complete the verification?

There is. If the Tehsil or Sub-Division authority refuses to move the file despite complete documents, you can escalate the matter to the Deputy Director or Regional Office of UIDAI. You can also file a representation before the District Collector's office requesting a hearing. If the inaction continues, a writ petition under Article 226 of the Constitution before the High Court can direct the authorities to decide the application within a fixed period based on the documents submitted. Courts have repeatedly held that inaction without a reasoned order is arbitrary.

Can I use my mother's Aadhaar for verification?

For a first-time adult enrolment, you would normally apply as an individual. Using a Head of Family mode may require a different document trail. If your mother has a valid Aadhaar with a current address, you may submit a relationship certificate or your birth certificate naming her, along with her address proof. However, the authority cannot insist on documents from a deceased father when you have a living parent with valid papers.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Get every oral demand in writing. A Tehsil clerk asking for a dead man's passport is not a reasoned order. If they refuse to accept a document, ask for a receipt and a written objection.

Keep your overseas affidavit notarised and apostilled if possible. Courts and Indian authorities give more weight to documents that meet Convention standards.

This type of matter turns on procedural and evidentiary nuances that a general practitioner often misses. An advocate who regularly handles UIDAI and writ practice will know exactly how to draft the representation and which forum will move fastest.

Applicable Sections of Law

The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 is the parent statute. Section 3 of the Act provides for Aadhaar number for residents. Section 5 deals with enrolment. The Aadhaar (Enrolment and Update) Regulations, 2016 detail the document requirements and verification process. Regulation 12 covers enrolment and update modes. Article 226 of the Constitution grants the High Court power to issue writs against administrative inaction. The Limitation Act, 1963 does not strictly bar a writ against continuing inaction, but delay must be explained.

Limitation Period

There is no fixed limitation for a writ petition under Article 226 against continuing administrative inaction. However, courts apply the doctrine of laches. If you wait years after a rejection without explanation, the High Court may decline to interfere. For a civil suit seeking a declaration about identity documents, the residuary limitation would be three years from the date the cause of action arose under Article 113 of the Limitation Act, 1963. The clock starts from each fresh rejection or each date the authority refuses to process the file.

Interim Reliefs Available

A writ court can direct the authority to process the Aadhaar application within a fixed time and not reject it on grounds that are without legal basis. The court may also order the Tehsil office to accept alternative documents for verification in the interim. While there is no temporary injunction in the CPC sense, a status quo order against rejection can be sought. These interim directions matter because every additional rejection pushes the applicant into repeated travel to India from Saudi Arabia.

If You Are the Victim

- Visit the Tehsil office once more and ask for written reasons for any document demand - File a grievance on the UIDAI portal and preserve the grievance number - Escalate to the District Collector and Regional UIDAI office in writing - Ask your advocate to issue a demand notice to the Sub-Divisional authority - If no response within a reasonable time, move the High Court under Article 226 - Do not re-enrol without changing the document strategy, it creates duplicate records

Documents You Must Keep Ready

- Indian passport (current, even with old address) - Birth certificate - Saudi residence card or Iqama - Notarised affidavit from the country of residence - Mother's Aadhaar and passport copies - Death certificate of the father - Any communication from UIDAI or Tehsil office - Passport-size photographs and proof of travel dates to India

What Evidence Is Required?

- Certified or notarised copy of the birth certificate showing your parentage - Current Indian passport as primary identity proof - Overseas residence permit showing continued residence in Saudi Arabia - Notarised affidavit explaining the address position and the absence of the father's passport - Death certificate to substantiate why the father's document cannot be produced - Written communications from the Tehsil office, if any - UIDAI enrolment slips and status screenshots

How Courts Typically Approach Such Cases

High Courts look first at whether the authority gave a reasoned order. An oral demand for a dead relative's passport is treated as arbitrary. If the applicant shows a complete document set and the authority still sits on the file, courts readily issue a mandamus to decide within a fixed time. The approach is practical. The court will not grant Aadhaar directly, but it will direct the authority to follow its own regulations. That is often enough to unblock the file.

Timeline of Legal Process

- Representation to Tehsil or District authority: 2 to 4 weeks - UIDAI grievance portal: 30 to 60 days - Legal notice to Sub-Divisional authority: 2 weeks - Writ petition before High Court filing to first hearing: 2 to 6 weeks - Court directions to authority for decision: 2 to 3 months - Final enrolment after compliance: 1 to 2 weeks - Contempt petition if order ignored: 2 to 4 months

Understanding the Costs

The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.

A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.

Can the Matter Be Settled Out of Court?

Yes. Most UIDAI stuck-file matters settle through administrative escalation. A detailed representation to the Regional Office of UIDAI or the District Collector can resolve the issue without any court filing. Mediation is not relevant in the traditional sense, but a well-drafted legal notice often brings the authority to the table. Settlement here means the authority agrees to process the application based on accepted alternative documents. If that happens before the High Court, the writ can be withdrawn.

Common Mistakes People Make

- Re-enrolling multiple times at different centres, which creates duplicate records and worsens the verification queue - Accepting oral demands from clerks without asking for written objections - Waiting months without filing a formal grievance or legal notice - Applying as Head of Family without a living relative's valid Aadhaar at the current address - Engaging an advocate who does not regularly handle UIDAI and administrative writ matters, because the procedural and evidentiary strategy is different from ordinary civil work - Leaving India before documenting what the authority actually said on the record

FAQs People Normally Have

Can an NRI get Aadhaar? Yes. A non-resident Indian with a valid Indian passport can enrol for Aadhaar upon arriving in India for more than 182 days in the preceding 12 months, or as per UIDAI's current verification norms.

Will the father's old passport be required? Not if you applied as an individual and your own documents are complete. The authority can ask for documents to establish identity and address, not the passport of a deceased parent.

Is my birth certificate from Saudi Arabia accepted? A birth certificate issued by competent foreign authorities is generally accepted, particularly if notarised or apostilled. Check with the specific Tehsil or UIDAI office.

What if my application remains stuck even after documents? File a grievance, then a legal notice, then a writ petition. Inaction after complete submission is arbitrary and correctable in the High Court.

Do I need to own property in India for Aadhaar? No. Address proof can be a rent agreement, a relative's address with a declaration, or an overseas address document, depending on the enrolment mode.

This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.

Advocate Sudhir Rao, Supreme Court of India