Once her father is no more legal heir certificate shall suffice.
Regards
G.Rajaganapathy
High Court of Madras
How to prove name with 2 different spellings belongs to same person
Respected Lawyers, My friend's last name has 2 different spellings which differs by 1 character extra. She wants to have a legal record stating both spellings belongs to one person and they mean the same. Kindly guide how that can be done. Her Father's name is Kathirvelu. But in her passport, it has as 'Kathirvel' since her birth certificate has so. Her school and office records in india has her last name as 'Kathirvelu'. When she went abroad, there the official records has her last name as 'Kathirvel' carrying as is in her passport. Now she has a small worry whether this will create problem in future once her father is passed away. So, she wants to know what is the way she can prove that her last names 'Kathirvelu' and 'Kathirvel' are one and the same. Thanks in advance.
Asked 6 years ago in Civil Law
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15 Answers
1. Conduct Name Change procedures via a Govt. Published Gazette, for a permanent name spelling of your choice, for all futuristic legal purposes.
2. AFTER above, submit Govt. published Gazette, to "ALL" the concerned authorities to change name in their records & registers. This will be legally conclusive & irrefutable for all legal needs.
It should not create problems as it is mere typographical error
she can execute affidavit that both are one and same person
- Affidavit and notification in Gazette is not valid proof as per law, but it can help her to correct the name in other documents ,
- She should adopt the name mentioned in her official record , and also as per school certificates.
- It is not mandatory , that all documents name spelling should be same legally.
- Further , with the help of affidavit and Gazette she should correct the spelling in the PAN card , Adhar Card etc.
You can file an affidavit and declare that person is same but spelling is different
Whether her father is having two different spellings in his own documents?
If not then this error is appearing only in her own documents,is it?
Then she or her father can adopt the name change procedure by preparing a notarised affidavit stating that both the names are one the same and that it belongs to him, then get the same published in a local newspaper.
The affidavit and the newspaper cutting may be held in her documents to prove the same in cae of any necessity in future.
An affidavit should be made and registered in the sub registrar stating that these 2 are the names of the same person. Also she should change her name in her passport by giving an application.
In this scenario she can execute an affidavit stating that both are one and same person and then publish it in the regional newspaper.
She can make an affidavit of same name stating both the name belongs to same person and in school records the spelling is mistyped and she will be known with one name that is name in her passport. Then there can be paper publication of same.
There will not be any problem as to the aforesaid spelling of her father, it is a typographical error.
However, in order to address her apprehension, she can give an Affidavit, clarifying the discrepancy and state that both the spelling mean one and the same, that apart, she can also get the same published in Gazette followed by publishing same in two local news papers i.e., one in vernacular and other in English language.
The above will address her apprehensions.
You can execute a notarized affidavit and news paper publication for the same
Correction in passport is easy. Get it corrected. Official record in abroad has no complication. Official corrected name by due process is best approach.
Declaration regarding 'Kathirvelu' and 'Kathirvel' are one and the same can survive in India but not abroad.
Get an affidavit prepared for the same.
Mentioning that both spellings belongs to same person and get it done in Gazette.
Thanks
The one and same certificate is used to declare that two (or more) names pertain to the same person.
1. Father of your friend can make a name declaration affidavit and get it attested from Notary.
2. small difference in spelling of name doesnt have any effect after demise of her father.
