• Does it matter if the property papers have my wife's name before marriage

I am buying a property and I want my wife to be a co-owner. Her name before marriage has SHARMA surname while after marriage it should change to FALDU. I am also in the process of getting the marriage registered which means that till now I had no documents with her surname as FALDU. On the other I have purchased a ready to move property where if I need to make her a co-owner, I will need to furnish a proof mainly PAN Card with her surname as FALDU.
In this case, should I get the property registered in her old name with SHARMA surname or not?
What would be cost and process of changing her name in the property papers? Also how tedious would it be?
Or there is no need to change the name as its her name before marriage and its the same person?

I also need a home loan with her as co-borrower.

The property in concern is group housing society in Noida and is a 90 years leasehold property.
Asked 8 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

10 Answers

First obtain a marriage certificate. This can be done online in Uttar Pradesh.

On the strength of the marriage certificate, get the surname of your wife updated as FLADU.

Thereupon, in all the transactions, use her updated name.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

H, you should mention her name as it is mentioned in the Adahar card .. In future if you, intend to change her surname , then first it would be Changed in the Adhar card , and afterwards you can get it Change in all the other documents

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

1) don’t get property registered in her old name

2) gazette notification can be issued for change of wife name after marriage . It should be published in 2 local newspapers

3) then get PAN card in her new name

4) then purchase property in joint names

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Don't worry as using of her maiden surname in the sale deed will cause no problem.

2. However if you use both surname then it can be handed properly.

3. If you make an affidavit on this regard then anomaly if can be managed.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

It will be a tedious process to change the name later. It is better that you get her name changed and later add her as the co owner of the property.

It is advised that you get the name changed on PAN and Aadhar on the basis of marriage certificate and then apply for property and loan.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Hi,

Changing the sir name after marriage is customary not mandatory.

If she don't wish to change and want to carry her maiden name .

Registration, loan are any document have same effect.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Hi

In my opinion you should first get the marriage registered with you wife surname as FALDU and then get her name updated in her PAN card and then get her name entered as co-owner in the property purchase papers.

Because of you get her old name registered as co-owner and in future you need to change the name then at that time process would be a bit complex.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. It will not be prudent on your part to get the property registered in her favour with her maiden surname after your marriage unless she wants to continue to be known with her maiden surname.

2. However, it will not be illegal to register the property in her name with her maiden surname since she can always execute an affidavit before a 1st class judicial magistrate affirming that she is know with her both the surnames.

3. Her property pap[er will not make any change of her surname but the affidavit as mentioned above will judicially certify that she is known as the same person in both her surnames being Sharma and Faldu.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Her surname be as same as before marriage

Register property on her old name

No need to change the name

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

You can buy a property with our wife as co-owner , there is no problem to that.

There is no rule that makes it mandatory for the wife to change her maiden name after her marriage and to add her husband's surname to her name by shedding her own name.

It is for the sake of community recognition that the practice is being followed.

Why do you want to change the name from the previous one to the newly proposed name without any valid reason.

Once she is married to or family she becomes part of or family, mere name change will not give her any extra privilege nor the without change it cannot be considered that she do not belong to your family.

If you still insist in changing her surname, then you may have to follow the name change procedure, i.e., by swearing an affidavit, publishing the name change in the newspaper and also in the government gazette publication.

The cost and the lawyer's fee can be enquired from a local lawyer.

There is nothing wrong in she continuing with her maiden name itself, ther is no legal infirmity in it.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer