• Error in Fathers Surname(Father has just passed away)

Hello Sir,

My problem is:-

1. My Fathers surname is wrongly written in my birth (xth certificate of cbse in 2002).

2. Due to certain personal problems I had to ignore this error and carry it forward.

3. This cause my Xii th, my Graduation and PG's Father name also with that error surname.

4. My Aadhar, pan also goes with the same problem.

Now the main problem is I passed xth in 2002, and my Father has just expired.

In government norms they require my fathers full name correctly.

Now its getting it very difficult to have a go from xth to m.tech!!(provided cbse don't entertain more than one year of name correction)

Sir is there any means by which Hobl Court or District Magistrate Sir issue a document of sort which establish a truth that there was an error in xth that followed me till my post graduation.

which i can show everywhere whether in any public exam or getting favors from the government.

Regards
Asked 1 year ago in Labour

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20 Answers

1) There is no option to change name on any educational certificate or documents.

 

2) You can have correct document change on the Aadhaar, Pan, Election card etc.

 

3) If you want to apply for Govt jobs or any educational institutions, than you can apply change name in the central government at Delhi.

 

4) For this to apply for your correct name in full along with correct spelling. You will need one Affidavit, 2 Newspaper advertisement one in English and one in local language and fill up the Central government Gazette form.

 

5) Once in the Central Government Gazette your correct name is declared then you can use that Gazette every where in government jobs as well.

Ganesh Kadam
Advocate, Pune
12193 Answers
151 Consultations

4.9 on 5.0

You can file writ petition in HC to direct authorities to correct mistake in surname in your birth certificate and educational documents 

Ajay Sethi
Advocate, Mumbai
84068 Answers
5480 Consultations

5.0 on 5.0

If you have genuine government or any local  authority issued papers in possession then go for court order in this regard instead of going for change in certificates.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

If you want to easily change the name into correct name Gazette notification and paper publication is the remedy

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

Do you have birth certificate? Spelling may have correct in it or ration card ? 

Well, apply at collector office for Gazette notification that father correct surname is this and due to unavoidable reasons, wrong surname entered in certificates.

Both name belong to one and same person and is your father.

This can be justify by submitting affidavit also if they agree.

Yogendra Singh Rajawat
Advocate, Jaipur
21439 Answers
31 Consultations

4.4 on 5.0

Your father is dead surname cannot be changed by notification in official gazette 

Ajay Sethi
Advocate, Mumbai
84068 Answers
5480 Consultations

5.0 on 5.0

1. Prepare an affidavit .

2. Publish the request in local and national news papers

3. Send the documents to the CONTROLLER OF PUBLICATIONS,CIVIL LINES,NEW DELHI 110054 with a fee of RS.900/- through draft in the name of cop.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

- As per law, the name in the educational certificates can be corrected within a period of one to two years from the date of passing. 

- Further, if the mistakes were from your side , then you cannot get order from the court for the same. 

- Since, your all certificates are similar and a common name of father is written , hence your cannot get corrected from the respective college /university . 

- You should change any document of your father similar to your certificates and documents , so that you can produce the said document of your father in need. 

- However, you can produce the notification after publishing in the government Gazette. 

- There are many sites online , that provided this services or you may contact any local lawyer for getting the same. 

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

Its physical form you have to fill up and rest of the procedure I can perform from here on your behalf.

Ganesh Kadam
Advocate, Pune
12193 Answers
151 Consultations

4.9 on 5.0

It can be done online also but in current covid situation and lock down things are slow

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

Dear Sir,

You may rely upon the following judgment.

==========================================================

Change student and her parents’ Name: Court to CBSE, School

Chandigarh district court  directed the chairman of CBSE and its regional office along with the Carmel Convent School authorities to add surname after the name of a student and also correct her parents’ names in her official records. The student of Carmel Convent School, Sukhmani Virk, a resident of Sector 21, had moved the Chandigarh district court to add surname to her name and change her parents’ name in her matriculation as well as in +2 certificates according to those in her Aadhaar card and passport so that she does not have to face any problem in future. The court of civil judge Gaurav Dutta directed the concerned authorities to make the corrections.
It was stated in the petition that the petitioner wanted to add ‘Virk’ as her surname after her name in her certificates issued by CBSE. Plaintiff had notified her change of name to general public by publication in newspaper dated 08.02.2017. It was also argued that her name was also mentioned as Sukhmani Virk, both in Aadhaar card as well as in her passport. She also wanted to correct the spellings of the names of both her parents which did not match with the spellings in her passport and Aadhaar card. Plaintiff approached the CBSE office in Delhi and Panchkula along with the school authorities to do so but to no avail. Thereby she moved the court for the same.

 

It was stated by the petitioner that there should be a consistency in the records of the plaintiff because all her records show her to be carrying the surname of ‘Virk’ and her father having the spelling of his name as Akashdeep Singh Virk, and her mother, Param Parveen Kaur Virk. She would suffer a lot in future if there remains a difference in the names in different records. It was pleaded that incorrect record be corrected by the court and future of the plaintiff be saved from further problems.
During arguments, it was stated by CBSE and the school authorities that the petition is not maintainable and she has no cause of action to file the present suit. It was also argued that even the court has no territorial jurisdiction to pass any order on this. The court after hearing the arguments directed the chairman of CBSE and its regional office in Panchkula along with Carmel Convent School to make the corrections. The court order reads, “The name of the plaintiff is Sukhmani Virk, daughter of Akashdeep Singh Virk. Defendants are directed to make correction in the name of the plaintiff by adding the surname Virk after her name Sukhmani in her matriculation certificate and +2 certificate and names of the plaintiff’s father and mother be corrected in their official records.”

Kishan Dutt Kalaskar
Advocate, Bangalore
5948 Answers
317 Consultations

4.8 on 5.0

Yes, definitely you have right to change name as per your wish through legal process. 

Please approach State Government printing press and obtain a form for effecting changes in your name surname as you feel is necessary. 

Please fill the form,deposit fees for change of name and publish it in official Gazette of Government of Uttrakhand. 

Next steps is publish official Gazette notification with your request in two leading Newspapers one of them local and another English. 

Your process of change in your name surname is completed. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Go for declaration suit

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

How do you say that your father's name is wrong while all the documents so far including the educational certificates have the same name without any different name to each other.

How do you say tht there is an error, do you have any proof to prove that?

Is there any issue in continuing with the name as per the certificates held by you which includes the aadhar card etc?

However please be aware that the educational certificates cannot be amended at this stage.

Hence you can prepare a duly notarised affidavit stating that both the names are one and the same and he is known by both the names.

After that you can get a public notice published in a local newspaper to this effect.

Then you can get it published in the government gazette publication and keep all these copies together with your educational certificates.

This will help you to tide over the problems that may arise in future in this connection.

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

The procedure to get it published in the government gazette publication is that first you may have to prepare a notarised affidvit and newspaper publication.

After that you can approach the government press with prescribed application and fee for getting it published in the gazette publication.

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

1. You have to apply for rectification of error in your father's name on the documents mentioned by you. In support of your application for rectification you have to produce some document of your father wherein his correct name appears and which you want now to appear on your documents.

2. Apply initially to the authorities concerned such as education board to rectify the error, and if they not accede to your demand then you may file a Writ Petition in the High Court to direct them to rectify the error.

Ashish Davessar
Advocate, Jaipur
30745 Answers
913 Consultations

5.0 on 5.0

You will have to file a petition before the Hon’ble high court seeking a direction to rectify the error 

Nirmit Srivastav
Advocate, Lucknow
60 Answers

5.0 on 5.0

1. You need to file suit for correction of Father's name in your school certificate against CBSE but chances are not good due to limitation period of 10 years for correction of error. 

2. You can make a name declaration affidavit of your father's name attested from First class executive magistrate(Tehsildar) and provide it to deparment of your father.

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

You have to file a suit for declaration for the correction of the name of your father before the civil court then the name of your father will corrected in the education board records as well as in the school certificate and in other documents. 

Mohammed Mujeeb
Advocate, Hyderabad
19011 Answers
28 Consultations

4.5 on 5.0

civil suit for declaration is the appropriate remedy.

 

 

Mohammed Mujeeb
Advocate, Hyderabad
19011 Answers
28 Consultations

4.5 on 5.0

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