• Middle name and spelling errors

Hi,
 My self Javed Siddique. I am from Nagaon Assam. 
My Father Name is Sadik Ahmed S/O:- Sayed Uddin Ahmed but in death certificate his name is mentioned as Saddique uddin Ahmed S/O Sayed Uddin Ahmed , this name is not wrong in two lands documents his name is Sadik Ahmed(written in local language) and one land document his name is mentioned as Saddique Uddin Ahmed(written in local language).This is create problem for us when I apply for Next of Kin(S) certificate.land jawabadi copy's are written in local language.
 -In 1975 voter list his name is Sadik Ahmed.(Sayed Uddin Ahmed)
 -In 1987 Voter list his name is Sadik Ahmed.
 -In All his Education documents His name is Sadique Uddin Ahmed .
 -In 2001 to 2014 Voter list his name is mentioned as Saddique Uddin Ahmed.(written in local language)
 
 - In one property tax payment receipt his Name is mentioned as Saddique Uddin Ahmed & this land jawabandi Name is Sadik Ahmed (written in local language)
 -Other two property tax payment receipt is available in other pattadar name.
 
 -In my all documents his name is available as Sadik Ahmed and my mother's voter id his name is mentioned as Saddik Uddin Ahmed
 Kindly give a easy solution.
Asked 4 years ago in Property Law
Religion: Muslim

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

22 Answers

Get the correct name rectify from Local authority where you feel that it has been written as wrong as compared to other two land property. So you give reference of those two properties and get name updated as per that.

 

If he does not listen to you than kindly make a written application and affidavit of name change.

 

If your father  is alive than ask him to apply for change in name, on the state level gazette by providing two newspaper advertisement and one affidavit.

 

If he is not alive then you can get name change rectified from court.

 

But before going all above procedure you can request the local authority by normal hand written request on plain paper and for reference can produce other two properties details how name is written on those property papers.

 

 

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

1. You can conduct your name change proceedings via a Govt.Publication Gazette, by following due procedures of law (preferably thru a local lawyer's services).

2. Mention the following:
Javed Siddique s/o Sadik Ahmed alias Sadik Uddin Ahmed alias Saddique uddin Ahmed alias .... wherein Sadik Ahmed alias Sadik Uddin Ahmed alias Saddique uddin Ahmed alias .... is the one and the same person, resident of ...........
note: Since Father is dead, his name cannot be changed anywhere.

3. AFTER, above using the Govt.Publication Gazette, you can change your proper name (whichever name spellings your finalize ), make application with all relevant authorities to make your name change in all of their records.
You will have to permanently preserve the Original Govt.Publication Gazette, for your records.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Your father educational certificates and death certificate bear the same name Sadique Uddin Ahmed also same name is reflected in one land document 

 

apply for change of father name in your certificates on basis of death certificate, election voter card which reflect his name as Siddique Uddin Ahmed 

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

1. Having different names or having different spellings for same name is common among people and it's not so serious. 

2. However any confusion or uncertainty over this issue can be easily countered if you make an affidavit done from the first class Magistrate and then make an official Gazette. 

3. Once this is the anomaly arising out of this different names is dealt with lawfully. 

Devajyoti Barman
Advocate, Kolkata
22822 Answers
488 Consultations

5.0 on 5.0

1. YES .... based on the Govt. publication, all properties of Father can be transferred in your name and Mother's name.

2. However Mother too will have to independently the Name Change procedures, as suggested earlier, to streamline Father's name on records.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You can execute affidavit and apply for mutation of father property in your and  mother  name 

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

See an Affidavit of same name can be made you and your mother with supporting documents can make an affidavit stating that these same are of same person and in his lifetime he was known by both as in vernacular and other language.

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

The affidavit can be presented before the authority along with the application for certificate. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

DEAR SIR,

On the basis of mentioned affidavit that ...... (name of Your father) is one and single person, you will be able to get any certificate of legal heir or succession certificate and things will be solved. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Making an affidavit doesn't ensure transfer of property unless law of inheritance operates. 

Devajyoti Barman
Advocate, Kolkata
22822 Answers
488 Consultations

5.0 on 5.0

Yes you can do that

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

You can use the educational certificates, death certificate and the voter list showing name as "Sayed Uddin Ahmed"

Affidavit can be executed as stated above and also publish the same in two local news papers intimating the general public about the mistake.

You can apply for kin(s) certificate and apply for mutation of your name and that of your mother's name in the property left by your father.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Hi

Yes this affidavit will be sufficient for name differences. 

Yes you can get the property transferred to your name on basis of Next of kin s certificate. 

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Apply for a change of name in the voter list on the basis of educational certificates. That would do.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Change your father's name in the voter list and aadhaar on the basis of educational certificates stating that it was wrongly mentioned.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 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

- As per law, you can correct your fathers name in the tenth & 12 th certificates or other educational certificates ,within only one to two year of passing the same.

- If the said period already passed, then for changing the same Court order is needed, after filing a suit for declaration .

-  Out of educational certificates , all other documents can be corrected after producing any correct document

- Further , for correcting name spelling & sequence , an Affidavit with Gazette notification needed.

- However, as per Foreign tribunal in Assam ,for NRC purposes , even this affidavit & Gazette is not acceptable, due to being self declaration.

- Since, your father has already expired , hence you can transfer his property in your or mothers name after mentioning the correct name , and further on the ground of this property documents , you can correct the other documents , and also you can get Next of Kins certificates as well. 

- If not clear then , pls raise your question separately ..

Mohammed Shahzad
Advocate, Delhi
13222 Answers
198 Consultations

5.0 on 5.0

You may have to worry only if the name of your father differs in your own documents.

However the change in your father's name in his own different documents can be rectified by him alone by making an affidavit stating that both the names are one and the same and belong to same person.

Since your father is not alive then there is no problem about it.

If you are worried about his property acquisition then you may first obtain legal heirship certificate mentioning both  the names  with alias in between both the names.

This may solve the problem.

In my opinion, the affidavit in respect your father's name correction given by you may not be legally valid.

 

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

You can make an affidavit but what is the proof that both the names are one and the same?

Do you have any proof to prove that your father had two names and they both denote him only?

Because the error is in your father's name and his documents and not in your own documents hence how fr your affidavit will be valid is to be seen provided the authorities accept such an affidavit from the ward of the deceased.

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

your father can mention in sworn affidavit that the two names belongs to him only and get it notarized. Feel free to contact me if you need any assistance.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. You should make a name declaration affidavit of your father that my father's name in one document is mentioned as .... And other documents it is........  And third document it is......  And all are same person due to local language confusion Spelling difference occurs In all documents and he was Known from all the names that is Sadik alias Saddique alias saddik etc. 

2. This can help you get legal heir certificate from tehsildar 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that there has been discrepancies in your father’s name in all the different documents.
  2. Yes, as you are applying for the certificate, some land documents, you just need to execute an affidavit stating that the person is same in all these documents like the one you have mentioned above in the subsequent query.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer