• Addition surname to child name

Hi my legal name is Naveen Kumar S/o Sh. Brij Lal Gupta my wife legal name is Ms. Megha D/o Sh. Mukesh Gupta. All our documents are without surnames including passport and pan cards but in our parents name is with surname. Now I have a son, his birth certificate is as Name Dhairya, fathers name Naveen Kumar and mother name Megha.

I want my son legal name as Dhairya Gupta, as we had done mistake by not adding surname to our name but for my son I need to rectify it.

May you please guide me to sort out the same.

Naveen Gupta
Asked 3 years ago in Family Law from Navi Mumbai, Maharashtra
Religion: Hindu
you may published the same in two leading news papers in which one should be national news paper & second should be Regional.

after that apply for new name in all his documents.

if there is any objection by any department then file a civil suit for declaration before civil court and get court order.
Nadeem Qureshi
Advocate, New Delhi
4796 Answers
220 Consultations

4.9 on 5.0

1) visit the hospital wherein child was born and ask them to update the child name. on said basis apply for rectification with   Registrar Death and Birth. You have to go to the concerned Registrar (Municipality) where child  birth took place  

2) an affidavit has to be filed that correct names of parents are naveen kumar gupta and Mrs megha gupta 

Ajay Sethi
Advocate, Mumbai
44363 Answers
2575 Consultations

5.0 on 5.0

1. When your own surname has not been incorporated in any of your documents of identity and when the birth certificate of your son also does not contain your surname it will not be possible for your son to add ''Gupta'' as his surname unless and until your surname is reflected in your documents of identity.

2. You should apply on the basis of your father's identity proofs to have your surname added in your documents of identity such as PAN card, adhaar, voter card and passport.

3. After your surname is added it will not be difficult for you to incorporate your surname in the identity proofs of your son.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

you should file a civil suit before small causes court under sec 39 of S R Act for declaration decree. make your wife an opposite party. on receiving of summon you both should appear before the court and give written statement that you both want to add his surname. 

you both have surname of your father in the record so it would be easy for the court to pass order. court hall pass declaratory decree and declare that you son name is  Dhairya Gupta. then you can change all the record in his changed name on the basis of declaratory decree. 
all the proceedings shall take hardly 3 months because small causes court has summery procedure to decide petty issues. 
Shivendra Pratap Singh
Advocate, Lucknow
4973 Answers
78 Consultations

4.9 on 5.0

Hi, you have to file a suit for deceleration for change of name before the jurisdictional court and you have to make State of Maharashtra as a party and before filling a suit you have to issue a legal notice as per Section 80 of the Code of Civil Procedure and thereafter file a suit.
Pradeep Bharathipura
Advocate, Bangalore
4530 Answers
202 Consultations

4.3 on 5.0

1. How old is your son now?

2. If you have decided that you will add surname after he name of your son, make sure that it is done when he is admitted in school,

3. You can additionaly  execute an affidavit affirming that you are ading surname which was used by your father to your son and he will be known as Dharirya Gupta.
Krishna Kishore Ganguly
Advocate, Kolkata
18160 Answers
438 Consultations

5.0 on 5.0

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