See mother can make a same name affidavit stating that both the name are of same person that is her and can do paper publication of same.The affidavit can be produced before the registrar to register the property.
How to correct the name of my mother which is different in the notarised property document?
My father had made a house in the name of my mother back in 1970s. The plot was purchased on Notarised document without any registration or stamp duty. I lost my father in 1981. I was just 9 years old then. The name of my mother in the notarised document was Ashwathy Amma. Subsequently, the property tax receipts were paid regularly till date and the name of my mother Aswathy Nair was used in all her documents (Aadhaar, Voter ID and Bank account etc,.). Now I want to register the property in her name but the Registrar has observed the discrepancy in the name in various documents. How can I rectify this problem so that I can register the property in my mother's name
Asked 6 years ago in Property Law
Religion: Hindu
12 Answers
You can apply for change in name by way of affidavit, 2 Advertisements in newspapers and government gazette. Than submit to registrar for registered property name documents.
- As per law, such type of documents are not having legal value .
Since all the residential and possession proof are in the name Aswathy Nair, and further Property tax receipts are also in the same name , hence you should apply for mutation of the said property , to have a legal proof in support of the said property.
- Further, your mother should declare by way of an affidavit , that Ashwathy Amma & Aswathy Nair are the name of one person , and further the correct name i.e.Awathy Nair should be used in future for all purposes.
- Sometimes , this notary affidavit is not sufficient , hence she should publish the same contents of affidavit in two leading newspapers.
You have to make a gazette publication with the proposed name and existing name in the prescribed format. For publication in Gazette, one has to comply with certain conditions like, publication in news paper, affidavit, submission of identity card etc. After the same is done.
You have to produce Name declaration affidavit along with All the IDs of your mother but atleast one ID should contain the name ashwathy amma to prove that both are same person.
You can file an affidavit stating that both the name belongs to one person. You can even do gazette notification to correct the said name
The sale deed can mention name as Ashwanty Amma also known as Ashwanty Nair
2) she can execute affidavit that both are one and same person
1. Nobody gets title on the basis of a notarised deed. Title of your mother is, prima facie, defective.
2. Be that as it may, now the property cannot be registered in her favour unless the seller comes ahead and agrees to execute the sale deed in her favour.
1. File Name change /correction proceedings via a Govt. Gazette, by providing all supporting documents. Do this thru a local lawyer.
2. Based on the above Govt. Gazette, the property can be Registered /Sold /Transferred /Mortgaged /Gifted /Donated /whatever.... without any further legal reference.
Apply to collector office for gazette notification that Ashwathy Amma w/o XY r/o ... and Aswathy Nair w/o XY r/o ... is one same person. This document will accept by registrar.
There must be pic of you mother on notorised document.
Get it registered, sale of property not valid through notorised document.
Dear Sir,
You may approach a civil court for declaration of name of your mother and also a direction to the sub-registrar accordingly.
Your mother can prepare an affidavit stating that both her names are one and the same and she is known by both the names.
This affidavit after being notarised, can be used for newspaper publication and also for a gazette publication for change of name through government gazette publication.
After that you can get it registered on her name with the support of the government gazette publication.
