• Name confusion

My grandfather had his name mentioned as "Vijay Kumar Jain" in all his property documents but his other documents like passport, license and aadhar has "Vijay Chand Jain".
Will this create any hassle?
Is it an issue of "name change" or "one & same person"? 
how can we fix this? I can ask him to follow the same process then.
Asked 2 years ago in Property Law from New Delhi, Delhi
Religion: Other

Request your father to change the name in his Aadhar card and other documents as vijay Kumar Jain

2) vijay chandjain and Vijay kumar jain cannot be regarded as one and same person

Ajay Sethi
Advocate, Mumbai
69049 Answers
4153 Consultations

5.0 on 5.0

1. Yes, as you see the recent changes in the Central Government Policies, better stick on to one name.

The procedure to change name is as follows:

How to change your name legally in India? (3 easy steps)

I am a lawyer by profession, and have followed the below given procedure for changing my own name. Let me use my experience to help you to change your own name.

Follow the below given steps for changing your own name.

Step 1 – Affidavit

Go to you local Notary and make an affidavit regarding change of your name. You have to mention therein your specific reason for changing your name. For example, you may like to change your name after marriage (especially for women), due to astrological or numerological reasons or anything. Recently, one of my friends was going to start his own company who was locally famous in his nickname, and thus he changed his name from Rishabh Agarwal to Saurav Agarwal.

Note: Here is your sample name change affidavit for reference.

Tips: Make a few copies of your affidavit, and preserve the original one carefully. It’s better to scan it, and preserve its electronic copy on your external hard disk as well as on multiple computers.

This affidavit can be used for changing your first or last name and also using the same, you can completely change your name (both first and last name, for example from Rishabh Agarwal to Saurav Verma).

Step 2 – Newspaper Publication

I, Sri ___________________ (old name) have changed my name from __________________ (old name) to ______________ (new name) by affidavit sworn before the Notary Public, ______________ (place) on ___________ (date). Henceforth, I shall be known as _________________ (New Name) for all purposes. ______________ (Name) and _______________ (Complete postal address).

Full Signature

Fill in the blanks with appropriate details and publish it in your local newspaper.

Tips:

You can choose any 2 local newspapers for publishing it. (No need for FrontPage coverage). Although you need only once copy but its better to get ten copies of that newspaper in which your statement is published and preserve it carefully, because it’s now a lifetime issue. It’s better to preserve both the hard and scanned copies of the newspaper.

Step 3 – Gazette Notification

Now for getting your name published in the Official Gazette of your state, for example: “The Delhi Gazette”, you need to do the following things:

1. Visit your local Government Press or the department that mobilizes Gazette notification.

2. Get 2 copies of “Deed Changing Surname Form”. (Fill this form carefully as per the instructions provided therein)

3. If possible get the phone number, or the mobile number of the person of that department who can help you for Gazette Notification.

Verification

You need to send the following documents to the Secretary, Department of Commerce & Transport (Commerce), _________________ (State).

Letter to the Secretary, requesting him to allow you to change your name. (Click here to view sample letter)

The “Deed Changing Surname Form”

2 True copies of the newspapers in which your name change statement is published.

Attested copy of the Name Change Affidavit.

A print out of the statement in plain paper that you need to publish in your official Gazette. (Generally Same as your Newspaper Statement)

A Copy of your current identity like your Voter Identity Card, PAN Card, Birth Certificate, School or College Certificates and etc.

Tips:

Get an A4 size envelope, put the above mentioned documents in it, and send it to the above Secretary, Department of Commerce & Transport (Commerce), _________________ (State).

Make copies of everything and preserve them both in hard and electronic formats, for future reference.

Reference:

1. Here is your Gazette Notification Format.

2. Click here to view name change deed form.

3. Click here to view the sample letter to Secretary, Department of Commerce & Transport (Commerce), _________________ (State)

Within a week, after due verification, you will get a reply letter from Secretary, Department of Commerce & Transport (Commerce), _________________ (State). Click here to view sample reply letter that was sent to me.

Make a few copies of the reply letter and again visit the Govt. Press or the department that mobilizes Gazette Notification and follow the below given instructions.

Show them the reply letter, and they will match it with the order than they have received from the Secretariat (of your state).

Deposit the required amount for the publication. Here the amount depends on the kind of publication you want to go to (General and Extraordinary.). If you go for the extraordinary one, you can get the copies of the publication within a week or two.

Note

Once your statement is published in the official Gazette, you name change process comes to an end, and now you can enjoy your new name. Congrats!!!

Tips: Make a few copies of the Gazette Notification and carefully preserve it for a lifetime.

Documents involved in the whole process

Name Change Affidavit

Newspaper Publication

Name Change Deed

Request letter to the Secretariat

Name Change Statement

Reply Letter from the Secretariat

Publication Money Receipt.

Gazette Notification

Kishan Dutt Kalaskar
Advocate, Bangalore
4690 Answers
134 Consultations

5.0 on 5.0

Dear Client,

Apply to collector office, to issue order via gazette notification that Vijay Kumar Jain & Vijay Chand Jain is the one and same person.

Yogendra Singh Rajawat
Advocate, Jaipur
14612 Answers
19 Consultations

4.6 on 5.0

Hi

I would suggest you to file a declaration suit for correction in name change. Then court will order the name change and on that behalf you can get the name corrected in all property documents or the identity proofs.

Thank You

Rahul Jatain
Advocate, Rohtak
951 Answers
3 Consultations

4.9 on 5.0

Now the documents like A adhar, PAN, Voter ID etc should have the same name as there documents are needed every where for the verification purposes.

If his educational documents are in his name as Vijaya chand the then the name in property should be changed by filing a civil suit.

And if name in records is Vijaya Kumar the get the adhar and pan card corrected.

Vimlesh Prasad Mishra
Advocate, Lucknow
5683 Answers
19 Consultations

4.9 on 5.0

You can get the name change via process of notification method if it is causing problems ,else one and same person may work out

Anand Shukla
Advocate, Delhi
487 Answers
12 Consultations

4.9 on 5.0

1. Yes it can create hassle for your grandfather in future

2. Vijay Chand Jain and Vijay Kumar Jain cannot be regarded as one and same person.

3. You can fix this problem by following the below mentioned procedure

The procedure for name change involves following steps-

1. Make an affidavit for change of name-

An affidavit is required explaining why the name change is opted by the person who is making the affidavit besides affirming these details-

Full name of the applicant (deponent)

Full residential address

A declaration stating that the facts provided in the affidavit are true and correct

The deponent should sign the affidavit at the recommended place. It should be attested by a Judicial Magistrate or Notary or an Oaths Commissioner.

2. Place newspaper advertisement with details of change of name-

The name change advertisement must be placed in one of the leading local daily newspapers with accurate details. The advertisement should include the old name as well as the new name of the applicant, applicant’s full residential address, name of witnessing/attesting authority place and date on which the affidavit was made.

If the applicant is a Government employee, he/she can submit a deed for change of name in accordance with the rules stated in the Office Memorandum No. 19016/01/87 as issued by the Ministry of Home Affairs.

If the applicant is an Indian living abroad, then he/she should submit deed duly attested by the Indian Embassy or Indian High Commission, in original to the Authority.

3. Submit Documents Required For Name Change

An individual looking to change his/her name has to keep the below documents ready for the publication of change of name advertisement in the Gazette of India.

An affidavit duly signed by the applicant and attested by Judicial Magistrate/Notary.

Original newspaper in which name change ad is given.

Prescribed proforma (should be computer typed and not handwritten) with signatures of applicant and two witnesses.

A C.D. (compact disc) that contains the soft copy (typed content, not a scanned copy) of the application in MS Word format. In the place of signature of applicant, the applicant’s old name has to be given and witness details need not be included.

A certificate in which the applicant declares that the contents included in both soft copy and hard copy are similar. The applicant should duly sign the certificate.

Two passport size photographs, both self-attested by the applicant.

A photocopy of a valid ID proof, self attested by the applicant.

A request letter along with the requisite fee as per the Authority.

4. Apply For Change Of Name In Gazette-

The documents listed above, printing charges along with a forwarding letter should be submitted to The Controller of Publications, Department of Publication, Civil Lines, Delhi-110054. The papers have to be submitted either personally or shall be sent by post/courier to the Department.

Please note that the documents should not be more than a year old and also be aware of the fact that once submitted, the documents either original or photocopy, shall not be returned under any circumstances. So, it is advised that the applicants keep extra copies of every document for their personal reference. The printing charges are different for an applicant residing in India and for the one who is an Indian living abroad.

If a person belonging to one religion wishes to take a name of another religion, without changing the religion, then he/she will have to provide an affidavit declaring that he/she has not changed the religion. The affidavit should be duly signed by Sub-Divisional Magistrate (SDM). The printing charges of advertising in Gazette varies in such a case too.

Once the application is received, the documents will be checked by the concerned persons of the Department. And after confirming that the application is complete in all aspects, it will be sent for notification to the respective Govt. of India Press. It usually takes around one or two months for name change ad to appear in the Gazette Publication Part IV. An electronic copy shall be made available for download at the Digital Directory of The Gazette Of India. A copy of the name change notification in Gazette of India will be sent to your residential address by post, by the Authority.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, Delhi
208 Answers
1 Consultation

4.0 on 5.0

Yes this will create contradiction for sure. Its better you go for name change.

Anupam Kirti
Advocate, New Delhi
87 Answers
1 Consultation

4.9 on 5.0

Firstly, go by his original name meaning here by is that the name in the school certificate and other documents that you mentioned above.

Secondly, give one advertisement in the local newspaper about your name change along with the reason.

Thirdly, then draft an affidavit enclosing all the necessary details including the reason to change the name.

Fourthly, then go to the property registrar office along the newspaper and affidavit with all other supporting documents, Andy get it change.

Lastly, can contact me also for further assistance.

Good Luck...|

Sanjay Baniwal
Advocate, South Delhi
4931 Answers
11 Consultations

5.0 on 5.0

1. Discrepancy in name does create problems at one time or other in life.

2. If your grandfather is alive then he can create a will wherein he may identify himself as Vijay Chand Jain @ Vijay Kumar Jain.

Ashish Davessar
Advocate, Jaipur
26713 Answers
797 Consultations

5.0 on 5.0

These both are different names, hence is it advisable that he makes an affidavit duly notarized stating that he is known by both the names and both are one and the same, if need be it may published in the gazette publication too.

T Kalaiselvan
Advocate, Vellore
58895 Answers
746 Consultations

5.0 on 5.0

Dear Querist, as explained your grandfather is using different names on documents. It would be appropriate to get an affidavit made explaining the name that your grandfather want to use, thereafter get the same article published in the newspaper. After the expiry of three months your grandfather can legally use the name.

Thanks & Regards.

Megha Kain
Advocate, New Delhi
9 Answers

4.0 on 5.0

Yes you can change your name legally. It is very simple process you have to follow.

Affidavit > Newspaper Advertisement > Gazette Publication

Go to your local Notary and make an affidavit regarding change of your name. Submit it in your respective District Court before a Magistrate or Notary Public. The Affidavit must mention the current name and the desired new name, and may mention in brief the reason for name change. The Affidavit must be made on a Non-Judicial Stamp Paper of minimal value. You need to Filling in a declaration known as the Pro Forma is the next step in legally changing your name. This application can be obtained from Dept. of Publication of any state

1 : You will have to fill in this form in the presence of two witnesses and also get their signatures.

2: You will need to two attested photos of yourself.

Note: We advise to keep the copy of the advertisement. Or full newspaper

If you have further questions, would like a help to change the name and need advice for the same OR have any challenges in the process,

For further discussion & information about your case feel free contact me

Regards

Adv. Vikas Pandey

Vikas Pandey
Advocate, Delhi
26 Answers

4.0 on 5.0

One way is that you may do a correction deed but the same is a tedious process. Other way is that to do a name change process in the gazzet and by doing a paper publication and then the same may be given to the concerned sub Registrar offices to get the same mutated in the new name entered.

For further details please write @ .

Arun V S
Advocate, Jaipur
55 Answers

4.0 on 5.0

Hello,

Just get an affidavit which says that two are the name of the same person and are same legal person.

That will not make any problem.

Regards

Anilesh Tewari
Advocate, New Delhi
17270 Answers
267 Consultations

5.0 on 5.0

Wherever there arises any issue, he may give his affidavit saying that the two names are one and the same, and one be read as another to avoid any confusion.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

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