1. He need not have same surname as you.
2. If the paternity is clearly mentioned in all his documents then having a different surname should not work to his disadvantage in any manner.
Please advise if there are any legal issues or in future property issues if my son does not share either fathers or mothers surname. What problems can arise or anticipate?
What problems may arise in future in India or abroad?
1. He need not have same surname as you.
2. If the paternity is clearly mentioned in all his documents then having a different surname should not work to his disadvantage in any manner.
School leaving certificate and other educational documents should reflect the son having surname as father
2) for transfer of property on father demise son would have tough time If surname is different
3) even for issue of passport you would face problems if surname is different
In giving clarification to the above query, my new born son is to be named. I am thinking to have my fathers name as my sons SURNAME. For eg: My fathers name is NARA, My sons surname would be NARA xxxxx. It is legally OK.
1. For all legitimate purposes, the Last Name (surname) should be common for all futuristic legal purposes (PAN, Aadhar, Passport, Educational Certificate, etc.... )
2. The above becomes necessary to avoid legal disputes /claims /statutory verification /property matters /income tax matters and other statutory requirements.
As of now keep your son's name according to your surname in old fashion, after making Identity document of your son like Aaddhhaar card, or Pan card... later on apply for name change as per your wish, and when you there is appearing father's name in the document like application your name should be written as full name not only name.
There is no law in our country or in most part of the world which mandates either giving surname to the child or to give it similar to his father or mother.
Therefore you can very well leave your child without any surname or use any prefix or suffix as hus surname.
Nothing stops you from doing this.
In many parts of India people use their father's, grandfather's, village's name etc as surname. Take inspiration for them, if you so like.
No.
We are governed by Hindu Succession Act 1956 and Hindu Marriage Act 1955 in India for distribution of property and partition deed etc.
A slight difference in spelling appearing in the quieten of name of Son makes lots of difference while claiming property, legal documents, admission in Schools and colleges etc becomes reasons for dismissal of claims and rejections of admissions.
Please do not play with Administrative Law of the Land.
See it is not mandatory or necessary that son should share either fathers or mothers surname , you can change the name of son. There won't be any issue with the surname.
See in documents father's and mothers name are mentioned even if surname is different there won't be any issue.
Dear Sir/Madam,
The constitution guarantees freedom to all and fundamental rights as well and there is no law binding that you should have specific surname and hence you may have any name of your choice.
It is not compulsory but a matter of practice. If you change it then you need the gazettee notification order always to justify it
Use this name in birth certificate.
NARA xxxxx son of --- your name. And NARA xxxxx will use in all his documents, academics etc.
There's no such law in the country that makes it mandatory for the son to have surname of his father or mother suffixed to his name.
The son can continue with his own name without adding his father's surname to his name.
There's no legal compulsion for that.
What problems do you anticipate for a person not having surname to his name.
In south India, there's no practice of a person adding surname to his name.
You have full rights to name your child as per your desire.
If you have decided to name your child after consulting all your family members there won't be any dispute in the family.
- Legally you can add your fathers name with your sons name as surname.
- Further, no problem will be create in future in India or abroad or even in the property related matters.
- Further, it is not mandatory in India to have surname of father or mother with the name of child.
Yes it is. Law has nothing to do with giving names. A parent may give any name and the son/daughter may change it afterwards.