• Name change in property paper

My previous name was ABHIJEET DAS GUPTA, now I have changed my Name and religion. My current name is FARHAN KHAN. Now I want to change my name in property paper.
I am already having the government Gaztte copy.

Kindly suggest the best possible way.
Asked 3 years ago in Property Law
Religion: Muslim

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15 Answers

See you cannot change name in registered documents you can update same in mutation based on gazette notification further in future sale you can make sale deed with new name and can attach copy of gazette notification.

For mutation file an application with revenue/municipal authority along with copy of gazette and property detail to change the mutation nsme in property.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
151 Consultations

5.0 on 5.0

hello

         Even though it is lengthy, though, the procedure for changing your name is quite simple. All you need to do is to understand how it is done, what steps need to be taken, what are the documents essential for submitting the request, and you are good to go.

There are three mandatory things, which are needed to be done for authorizing the name change:

1. Affidavit Submission: An affidavit needs to be prepared for the name change.

2. Ad Publication: An announcement should be published in the newspaper.

3. Gazette Notification: A notification should be published in the Gazette of India regarding the name change.

AFFIDAVIT SUBMISSION

The first step in the legal procedure is affidavit submission. You need to contact a notary to do the needful. The following steps would make the process simpler and clearer:

1. Approach your local notary and mention your request.

2. The notary will suggest the stamp paper of required value on which the affidavit for the name change is made.

3. Once you have the paper, you need to provide the following details:

a.Name and New name

b.Current address

c.Reason for name change (Astrology, numerology, marriage, etc)

For an Affidavit, go to local notary and request for a name change affidavit on a Non- Judicial Stamp paper. Value of stamp paper may vary state to state. It is advised to take 100 Rs. stamp Paper if you don’t know. Attest it from Notary. Affidavit must contain your old name, new name, your father name, address and reason of changing your name ( Marriage, Astrology, Addition of Surname etc.)

Once the affidavit is printed on a plain stamp paper, it needs to be signed by two witnesses. The legal procedure is to get it signed by two persons of gazetted officer rank. Ensure that you have their signature, along with their stamp (rubber stamp).

The affidavit reflects both your old and new name. Affidavits can be used for changing the whole name, surname or just a few letters.

Keep a copy of the affidavit. This is a crucial document and comes in handy for any future legal formalities.

For overseas Indians, who would like to change their name, one needs to submit a deed stating the change of name, duly signed by the Indian High Commission office or the Indian Embassy.

2. NEWSPAPER PUBLICATION

If you have made the affidavit, the next step is to publish an advertisement/notification in the local newspaper that you have changed your name. For this, you need to select two newspapers, one published in the official language of the state and the other, an English daily.

The requirement is to pick two popular daily and send a request to them, stating the following details:

a. Your new name

b. Your old name

c. Date of Birth

d. Address

Name Change Advertisement Example

The newspapers allot a column for these notifications and will be able to guide you on this. The format can be had from any newspaper. Here is a simple example. Let’s assume XYZ is changing his name to ABC.

I, XYZ, residing at, have changed my name to ABC, and will be known as ABC from here on in. I have submitted an affidavit to this effect, which was signed by on .

Once your notification is published in the newspaper, remember to collect as many copies as you can, and store it for future use. Although one single copy will suffice, it is better to store as many original newspaper ad copies as you can, to be on the safer side.

3. Gazette Notification

We are well at the end now, with just the Name Change Gazette Procedure remaining. Once your gazette notification is published, your name change will be legally complete.

The name change gazette notification is mandatory for those in employment with the government and optional for others. However, it is substantial proof of your name change. Since it just involves sending a few documents for publication, it may make sense to go through with it.

Here is what you need to do to submit the Gazette notification:

a. Carry a copy of the ‘Deed changing name form’ available with the Controller of Publication, Department of Publication;

b. Alternatively, a letter of declaration from you, stating the need for changing the name will do;

c. Carry original copies of advertisements published with the date. (Attach both ads);

d. Carry two attested photographs to ensure you go ahead with the procedure uninterrupted;

e. Carry address and identity proofs (The address should be the same as the one published in the newspaper and affidavit. Any change of address might result in rejection of application).

However, before sending in the following details, call the Controller’s office of Publication to get a detailed account of what all needs to be sent, and note it down. Also, put the above documents in an A4 sized envelope before sending it to the below mentioned address.

The office of the Controller of Publication will send information, with the necessary copies of the Gazette on which the Advertisement/Notification has appeared. Keep this safely for future reference.

Now your part of the work in the name change in India process is done. The Government will print the change of your name in the Gazette. The amount charged for Gazette notifications varies –- either Rs. 700 or Rs. 900 –- depending on whether you want a public notice or not.

The money can be paid either in cash or by a demand draft/postal order drawn in favour of’ the Controller of Publication, Department of Publication, Civil Lines, Delhi – 110054’. This is the address you need to visit in case you will be submitting it in person (office hours are between 10 AM and 1 PM and 2 PM to 3 PM on any working day), or you can courier/speed post the envelope with all details to the address mentioned above.. Check the website of the Department of Publication (Government of India) for further details, here.

Although your work for legalizing your name change is made, it is essential to save all the documents and use it for officially changing your name in the bank records, certificates and any other documents that you deem necessary.

The name change documents might come as crucial ones when you apply or renew a passport or for any other future transactions.

Also, it is noted in several cases that a person has just the affidavit and the Newspaper advertisements for a name change, and have not notified the Gazette regarding the modification. Although, as stated earlier, the government employees have the mandatory clause for Gazette notifications, the banks might ask for Gazette notification before changing your name in the account.

Procedure for Name Change in PAN Card

PAN Card name change may be required due to a number of reasons including marriage, misspelled name in PAN card, change of name and any other reasons. Name change online is possible for PAN and the procedure is simple and can be accomplished by filing the form for PAN Card name change online through TIN or NSDL. 

After you have successfully changed your name, you will have to update your official documents (e.g.-Passport, PAN Card, Driving License, and Ration Card)

The good news is that your copies of the affidavit, Newspaper publication, and the Gazette notification are enough to get these documents changed.

For changes in Passport, you need to fill the following form:

http://passportindia.gov.in/AppOnlineProject/docAdvisor/reissuePassport

For changes in the PAN card, you need to fill the following form:

https://tin.tin.nsdl.com/pan/InstructionsCorr.html#instruct_documents

For changes in the Bank Accounts:

Copy of the affidavit and the gazette notification is needed.

For changes in the educational certificates:

It is a lot of time-consuming process as it requires a lot of paperwork. Thankfully, it is not mandatory to get your educational documents updated with the new name so you can make do without them.

regards

Rahul Mishra
Advocate, Lucknow
13335 Answers
49 Consultations

5.0 on 5.0

Hello,

what kind of property papers are there?

lease deed, sale deed , sale deed of land or flat?

please specify 

Anilesh Tewari
Advocate, New Delhi
17878 Answers
349 Consultations

5.0 on 5.0

you don’t have to change your name in property records 

 

2) as and when you sell your property enclose copy of gazette notification of change in name 

 

3) sale deed would mention your new name and also state formerly known as Abhijeet Gupta 

Ajay Sethi
Advocate, Mumbai
85548 Answers
5730 Consultations

5.0 on 5.0

1. In the property your name can not be changed anymore unilaterally.

2. If your vendor is still willing then you can make a deed of declaration.

3. on the basis of notification you can make such changes in Aadhar card and voter card but not your academic records.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
373 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have legally changed your name and religion.
  2. As of now, you have to make an application before the concerned registrar’s office, for making require changes in it along with the self attested documents that you have to support with the application.
  3. And also you may be asked to pay a certain amount to deposit (would be very nominal).
  4. The application may deemed to be in the form of a rectification in the registry/ sale deed of the property.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

You need to go to the registrar office along with an affidavit with regard to your change of name and the publication of newspaper along with your other credentials with an application for change of name in the records of registry. 

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
31 Consultations

4.5 on 5.0

No need to update your new name on your old sale deed. 

In case you sell this property in future, this particular sale deed will include a recital/cluse that you have changed your name from X to Y and the change of your name has been published in the official gazette and local newspapers

Vibhanshu Srivastava
Advocate, New Delhi
9350 Answers
219 Consultations

5.0 on 5.0

If you have changed your name through legal procedure/court then straight away go to the DM Office if not then go to the court to get legal sanctity to your present name.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

if you can approach the seller, then seller and you can execute a rectification deed to the sale agreement, wherein your name as a purchaser will be rectified to your present name and the gazette copy can be attached to such rectification deed

the deed has to be registered 

Yusuf Rampurawala
Advocate, Mumbai
6639 Answers
63 Consultations

5.0 on 5.0

Dear Sir,

The following information may kindly be read.

Registering a name change with the Deeds Office

Should an individual own property, and later undergo a name change due to a change in marital status, there is no legal obligation to endorse the title deeds of a property with the name change. This name change will be deemed to have been done by operation of law. Whenever the title deed is being dealt with after this name change, the new name will then be used/inserted. In other words, the parties can, if they so wish, apply to have the deeds amended to reflect the new name at date of marriage, but it isn’t required by law.

However, there are also various other reasons why a person may choose to change his or her name or surname. Should this happen after a property is purchased and registered in his or her former name, the change will need to be registered with the Deeds Office in the form of an application for an endorsement against the relevant title deed of the property, as set out in Section 93(1) of the Deeds Registries Act, 47 of 1937. This will also require prior advertisements in the Government Gazette.

The process to follow

In order to add an endorsement relating to the required name change against the title deed of a property, a conveyancer will need to be consulted.

The conveyancer will facilitate the process and attend to the necessary advertisements in the Government Gazette. He or she will also will draw up the necessary documents in terms of Section 93(1) of the Deeds Registries Act, and lodge these in the Deeds Registry. The Deeds Office will examine the lodged documents and will execute / register the endorsement if all is in good order.

While there are no significant repercussions involved for not endorsing a title deed with a name change, it will be necessary to do so should the person in question need to transact or deal with the property.

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

when you have a gazette then you can just move an application with your property papers photocopy and can get the mutation done. 

MISC BENCH NO. 458 of 2015 Lucknow High Court has quashed the notification where fees charged during the Mutation.

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

4.0 on 5.0

1) You have to apply change in name on all property papers as title change in revenue department office and circle officer for lands first and later in Municipal Corporation and later on Electricity naming etc.

Ganesh Kadam
Advocate, Pune
12219 Answers
167 Consultations

4.9 on 5.0

You cannot change the name in the property documents, but you can keep the gazette copy of the changed name so that you can sell it on the new name.

 

T Kalaiselvan
Advocate, Vellore
75676 Answers
1313 Consultations

5.0 on 5.0

Submit your Gazette order along with Property document apply for name correction as per order. 

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

4.9 on 5.0

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