• Name mismatch

My father's name is AKBAR BAIG MIRHUSEN BAIG in all his documents .and my name is MIRZA AZHAR BAIG MIRZA AKBAR BAIG in all my documents .my father's name in his documents is AKBAR BAIG but in my and my mother's documents his name is MIRZA AKBAR BAIG. MIRZA is newly added surname .is there any problem?? what is the solution ...please help me!!! (I have only birth certificate in which my name is MIRZA AZHAR BAIG and my father's name is AKBAR BAIG.On ration card my father's name is MIRZA AKBAR BAIG MIRHUSEN BAIG....)
Asked 4 years ago in Civil Law

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26 Answers

Hello,

I would like to suggest you to make an affidavit of your father before the judicial magistrate .

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

Your surnames don’t match 

 

2) you should apply for change in your educational documents , I’d documents on basis of your birth certificate which reflects your correct name 

 

3) if they refuse file writ petition in HC for change of name in your documents 

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

- What about your educational certificate details?

- If you are having only birth certificate and not other documents in proof , then on that ground , you can get other documents prepared .

- Further, Ration card is not a legal proof for any purposes.

- Adding a title , without any valid proof , may create problems for you.

- Affidavit and notification in Gazette is not valid proof as per law, but it can help you to correct the name in other documents ,

- Pls. elaborate your query for a correct reply.

Mohammed Shahzad
Advocate, Delhi
13222 Answers
198 Consultations

5.0 on 5.0

You could make an affidavit of your father stating that your father’s name is 

AKBAR BAIG MIRHUSEN BAIG and the other 2 names and that he is one and the same person. And you could also make an affidavit with a similar paragraph in your affidavit 

Uma Vyavaharkar-Acharya
Advocate, Mumbai
59 Answers
2 Consultations

5.0 on 5.0

Your father can change his name by notification in official gazette and 2 local newspapers 

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

Hi

File a declaration suit for getting the corrected name orders from court. 

File it from your side for correction in your names or from your father's side for correction in his name.

On basis of that court orders, either names can be corrected in any documents. 

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

The problem is with your father's name alone.

He has to execute a notarised affidavit affirming that both the names are one and the same and can get it published in a local newspaper and if necessary he may get it published in the gazette publication too.

This may solve the problem.

 

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

The change of name procedure adopted in the legally valid manner with the gazette publication will be sufficient for you to proceed.

He need not change the name in any document anymore and he can continue with his new name on the basis of the gazette publication effecting his name change.

 

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

Gazette notification with news paper publication or an notarized affidavit is the remedy for this. 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Dear Sir,

To get your fahter name changed by an order of the court in India , you will have to file a suit for declaration praying for decreeing your suit thereby declaring that you will hence forth be known as ………….( new name) from the date of the passing of the said decree and that your name in ………… certificates be also read as ……… .

In this case you will have to file the said suit against the General Public.

The court will order for the publication of a notice in two news papers ,thereby giving a notice to the public that you have filed a suit for changing your name from …… to ……… The said notice shall be given to the public by the court by getting the above matter published on news paper in English language and another news paper in a news paper in the local language of the place of your residence.

In the said notice the court will invite objections from the general public to file their objections if any in respect of the said change of your name.

If anyone has any objection he shall file his objections in the said court if he has any objection to the said change in your name.

If no objections come in before the court within the stipulated time period, then the said court will ask you to tender evidence in support of your claim.

In your evidence you will give your evidence in the form of a statement made before the court that your name is …….. and you want to change your name to …… Here you will have to submit documentary evidence to prove that your name is….. and in support of the same you should produce your birth certificate and other documents wherein your present name is written. In your statement in evidence you shall state that your name mentioned in the said documents should be read as …..( new name) in place of the name mentioned therein. Produce all said original documents before the court and exhibit the photostat copies of the same as proof.

Second witness you should produce in evidence should be preferably your father and in his absence your mother . They should give their evidence to the effect that you are their son. Their statements should support your tendered evidence.

Another witness whom you should produce in evidence should be either a Municipal Commissioner , if you live in a city or town or a Lambardar, Sarpanch or a member of the panchayat of your village in case you live in a village which does not have a municipal council.

On the completion of your evidence the court will decree your suit declaring that you have changed your name from ….. to …….. and that hence forth you shall be known by the name of …..

Further if you have prayed in your submitted pleadings of the suit that your …………….. & ……. & ……. certificates your name which has been shown as ….. should be read as ……. ( new name)

Thereafter in pursuance of the judgement and decree passed by the said court you will be known by the new name and in all of your documents submitted in the court your name will be read as the new name in place of the existing name.

You can show the said judgement and decree wherever the need arises . The same shall have a binding effect for your future events.

Here it is brought to your notice that the court may ask you to array , as defendants , the authorities who have issued the relevant certificates to you and which you have produced before the court, in which you want your name to be read as the new one in place of the old one.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

You can get an affidavit on a stamp paper mentioning that both the names i.e.AKBAR BAIG MIRHUSEN BAIG and Akbar Baig belong to the same person.

 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Sir affidavit banale aap aur gazette publication karde news papers mein.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Change of name on birth certificate is not possible without orders from court.

2. Documents me name change krwane ki koi jarurat nhi h. 

3. Aap apne father ka ek name declaration affidavit bnwa lo jisme unke sbhi naam mention honge.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1) name of your father should be changed in his documents 

 

2) passport , PAN Card should reflect your new name 

 

3) you should use new name 

 

4) no need to change father name in your birth certificate 

 

5)you and your mother should also get your name changed in all your documents 

 

6) surname should be same in your father and your documents 

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

you can apply for name change in all other official documents by providing copies of Affidavit, newspaper ads and Gazette Notification as proof of name change.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. It is not necessary to change his name in other documents where it is not possible to change at this stage, but he can very well change his name in his aadhar card, PAN card, bank account, passport, driving licence, ration card etc., on the basis of the gazette publication effecting the name change.

2. You can change the name on the documents as per new name.

3. He has to use the new name only otherwise there is no use of changing his name, it will become redundant if he still continues to use his old name itself.

4. Whichever documents do not have the new name, it can be changed except the birth certificate and school certificates or educational certificates.

5. It is not necessary for change of your father's name in your documents, you can keep a gazette copy along with your own documents.

6. You can decide in terms of the prevailing circumstances.

7. Name change through gazette publication will be  substantial document for change of name.

 

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

If you want the necessary changes in your name which requires changes in your dads name then you need to first change the dads details then yours

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Dear Sir,

No. Not. As far as I know, it won't. A mere spelling mistake is not that a big issue until and unless it changes the entire name itself. Like for example if your father's name is Kumar for instance and in your documents it has been written as Komar then won't be a problem. This is a general fault which may occur at any stage in life. If you are an Indian Citizen, then it's automatically understood that you may have a hard time getting the right spelling of your name mentioned on the voter id card.

So, as far as I know, it hardly matters. And even if does, show them your Aadhaar Card.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1.  No, he do not have to change his name in his birth certificate and also there is no provision in law to change his name in his birth certificate, the changes what he has made is enough.

2. You can either change your father's name in your birth certificate.

3. There is no provision in law for that.

4. Gazette proof is the substantial document to establish the change if name.

5. The copy of the gazette publication to prove change of name will be sufficient

6. If there is a problem in your father's name alone then yo can ignore this idea.

7. There is no necessity for that, yo can keep the copy of the gazette publication along with all your documents to prove the change in  father's name..

8. You are right.

9. Not necessary the gazette publication will take care of the changes.

10. The gazette publication is a legally valid document to establish your father's name including the change in your father's name.

 

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

Not necessary for father to change nabe in birth certificate 

 

2) you can approach muncipal corporation for change your make in birth certificate but most probably it would be refused 

 

3) gazette notification is proof of name  change 

 

4) you also need newspaper publication of change of name 

 

5) you should also change your name by notification on official gazette and 2 local newspapers 

 

6) 

There will be two requirements for inclusion of names of any person in updated NRC–

1. The first requirement is collection of ANY ONE of the following documents of List A issued before midnight of 24th March, 1971 where name of self or ancestor* appears (to prove residence in Assam up to midnight of 24th March, 1971).

 

  • (1) 1951 NRC OR
  • (2) Electoral Roll(s) up to 24th March 1971 (midnight) OR
  • (3) Land & Tenancy Records OR
  • (4) Citizenship Certificate OR
  • (5) Permanent Residential Certificate OR
  • (6) Refugee Registration Certificate OR
  • (7) Passport OR
  • (8) LIC OR
  • (9) Any Govt. issued License/Certificate OR
  • (10) Govt. Service/ Employment Certificate OR
  • (11) Bank/Post Office Accounts OR
  • (12) Birth Certificate OR
  • (13) Board/University Educational Certificate OR
  • (14) Court Records/Processes.

 

Further, two other documents viz (1) Circle Officer/GP Secretary Certificate in respect of married women migrating after marriage (can be of any year before or after 24th March (midnight) 1971), and (2) Ration Card issued up to the midnight of 24th March, 1971 can be adduced as supporting documents. However, these two documents shall be accepted only if accompanied by any one of the documents listed above.

2. The Second requirement arises if name in any of the documents of List A is not of the applicant himself/herself but that of an ancestor, namely, father or mother or grandfather or grandmother or great grandfather or great grandmother (and so on) of the applicant. In such cases, the applicant shall have to submit documents as in List B below to establish relationship with such ancestor, i.e., father or mother or grandfather or grandmother or great grandfather or great grandmother etc. whose name appears in List A. Such documents shall have to be legally acceptable document which clearly proves such relationship.

 

  • (1) Birth Certificate OR
  • (2) Land document OR
  • (3) Board/University Certificate OR
  • (4) Bank/LIC/Post Office records OR
  • (5) Circle Officer/GP Secretary Certificate in case of married women OR
  • (6) Electoral Roll OR
  • (7) Ration Card OR
  • (8) Any other legally acceptable document

 

Points to remember

Providing any one of the documents of List A of ANY PERIOD up to midnight of 24th March, 1971 shall be enough to prove eligibility for inclusion in updated NRC.

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

Your citizenship will be proved by any document which proves your stay in India 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

1. Yes, after submitting the Gazette notification 

2. Move an application before the Birth registrar with the the documents of corrected name of father 

4. Notification in the Gazette is admissible 

5. Yes

6. Yes

7. Yes

8. yes

9. He can execute an Affidavit that the both names of one person 

Mohammed Shahzad
Advocate, Delhi
13222 Answers
198 Consultations

5.0 on 5.0

Birth certificate is primary document which reflects that you are the biological son of your father 

 

2) it is sufficient to prove your citizenship 

 

3) father should not change name in gram panchayat 

 

4) full name of father should have been reflected in birth certificate 

 

5) for any name change use official gazette in Maharashtra 

 

6) for name  change affidavit should be in Rs 100 stamp paper 

 

7) publication in 2 local newspapers is necessary 

 

8) surname of child should be of father

 

9) school leaving certificate should suffice for your mother 

 

10) your wife date of birth in all her documents should be as per her birth certificate 

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

1. If birth certificate having correct names then other documents are not mandatory to prove the citizenship 

2. As per law, the name mentioned in the birth certificate is defined as given name by parents and termed as name , and the family title is termed as surname.

- Since, BAIG is your family title , hence it will not create any trouble if there is correct name is mentioned in the birth certificate.

3. Not acceptable and needs correction in your birth certificate 

- Otherwise, if you have passport etc. with the correct name then it is sufficient. 

4 & 5. Maharashtra Gazette 

6. If you are going for notification in the official gazette , then publication in news paper and affidavit is necessary 

7. Notarized and it may be on Rs.10 to 100 stamp paper

8.  Since, you have also family title BAIG with your name then better adopt the same with your son HASNAIN BAIG. However it is not mandatory to be on the same sequences. 

9. Yes , it is enough to prove the birth in India , specially her dob is before 1987

10. Better change 

Mohammed Shahzad
Advocate, Delhi
13222 Answers
198 Consultations

5.0 on 5.0

1. The names in birth certificates of both is sufficient.

2. Don't attempt to change the name in his birth certificate because it is a substantial documentary evidence.

3. The name proof is the birth certificate document, don't disturb it.

4. If you are adamant about going for gazette publication of changed name then you can choose central gazette.

Notarized affidavit will be sufficient.

You can name your child as per your choice if you have not yet named your child.

Your mother's school certificate is also a substantial documentary evidence.

Changing of your wife's date of birth is not a easy task as name change process.

You have to obtain a court declaration order to confirm the actual date of birth to that of the birth certificate.

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

Yes it can be managed as per above documents

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

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