Change her name in PAN Card on basis of marriage certificate
2) Sale deed can reflect her married name and maiden name
Wife's maiden name in sale agreement
Hi, I am planning to buy a resale property with my wife as Co-owner. We have a marriage certificate but we have not changed her name after marriage. Her name on Pancard has her fathers name as Middle name. While executing the sale agreement is it fine to use her Maiden name only with her fathers name as Middle name? Or is it advisable to use her "Maiden name" alias "Married name" even though there is no proof of name change to Married name? Example: Wife's Maiden Name: Pooja Vinod Sharma Husband's Name: Rahul Rathore Wife's name in Agreement: Option 1- "Mrs. Pooja Vinod Sharma" Option 2- "Ms. Pooja Vinod Sharma alias Mrs. Pooja Rahul Rathore" No proof available with name"Mrs. Pooja Rahul Rathore"
Asked 5 years ago in Property Law
Religion: Hindu
20 Answers
- For registration purposes , an identity proof is needed at the time of execution of Sale deed.
- Further , as she is having her name on Pan Card with fathers middle name , and no proof having with with name with Mrs. Pooja Rahul Rathore , then you cannot use this name at the time of execution of deed.
- However , you can mention her name as given in option 2 legally , after declaring in an affidavit of Rs 10/- that her the said two name are same and of one person .
Yes you can do the alias thing. You don't require change of married name proof as marriage certificate is enough
So if we go with Option 1, is that legally ok? No complications in future if we want to sell the property? If we go with option 2 we will have to declare in an affidavit before registration or anytime after registration we can declare that two names are of same and one person?
Asked 5 years ago
You can go with option 1 if you so desire
better option is to change her name in PAN Card
Yes both the things are ok as you stated above
Better you get name change certificate from state or central government Gazette as per post marriage i.e. Mrs. Pooja Rahul Rathore.
- Yes, but before execution of the sale deed , she can declare as i said above through an Affidavit that her both names are same , and of one person.
The correct usage can be like this, Mrs. Pooja Vinod Sharma W/o. Mr. Rahul Rathore. There will be no complications in future for the usage as above.
Please inform us which option suits to you No 1 or No 2 ?
We would definitely recommend solution to you and your wife for selection of name with Maidan name or without Maidan name
1. You may purchased jointly property with wife's name mentioning as "Pooja Vinod Sharma alias Pooja Rahul Rathore", based on your Marriage Certificate. There is no legal restrictions on this.
2. However, the same sequence of names will have to be mentioned in all futuristic legal documents for the purposes of Sale /Gift /Transfer /Donate /Mortgage /whatever ....
3. However this name shall not be acceptable for purposes of Income Tax Returns and claiming LTCG, in future. Here any type of affidavit will not be acceptable.
4. You are advised to follow proper married name "Pooja Rahul Rathore", to avoid any unforeseen futuristic legal disputes, on any kind.
You have to opt the first option as for the second option your wife has swear an affidavit before the first class JM .
REGARDS
You please be aware that there is no mandating the married woman to change their name after marriage.
It is their choice to change their name after marriage but that is not legally valid until they follow the name change procedure as per law.
Therefore without getting confused on this issue, you may please proceed with her maiden name itself for all that good things you propose to undertake now.
You can better proceed with the first option of using her maiden name itself instead of getting into unnecessary legal hassles in future due to changes in the name.
Dear Sir,
You use both the name as option 2 and there will be no issues in that.
the wife's name can be written as per option 2
no affidavit of same person is required at the time of registration
you can change her name in pancard . It's a simple process to change the name on PAN Card on the basis of marriage certificate.
Yes you can go with option 1 and there will be no legal complications in future.
You should use her maiden name alias name mentioned in her IDs or marriage certificate to avoid any complications in future.
Write what is legal right now ie the name which is being legally used. The 1st option.
Names change and pics are also there on the documents. Moreover an affidavit may be given later on.