• Name discrepancy - require legal help

Dear,
I would like to share complete detail of my problem and required most feasible solution:
I am from Uttar Pradesh and currently facing problem regarding the name mismatch of my mother in their documents. 
Complete details
1. Years back my mother was known as A and B both names; 15-20 years back she has purchased one property with name 'A'. and in educational documents of mine written my mother's name 'A'.
2. After that adhaar and PAN was created and her name was mentioned as 'B' and purchased some property with name 'B'. 

Now there are two names of my mother 'A' and 'B'

Name 'A' :- Property Documents + My Educational documents + 5th Class passing certificate (Lost)

Name 'B' :- All the Gov ID Proof + Property Documents

Currently she is using only her Name 'B'. 

In all the property papers one thing is common i.e. father's name.

Please help us to create a document which would help us to legalize both the name. Or any other way to solve this problem.

Questions:
1. How to remove discrepancy in property documents.
2. I also want to correct the name in my educational documents ; please guide me.

Thanks,
Tushank
Asked 5 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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20 Answers

Mother should by notification in official gazette and 2 local newspapers change her name 

 

No need to change name in property documents and educational certificates 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Better file rectification deed at sub registrar office to change her name from a to b.

Also obtain Gazette notification from collector office that her actual name is B and A name is her alternate pet name.

Name in education certificates cannot change. Very long and tedious process.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Gazette valid allover india.

Better replace her name from  a to b in passport.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Gazette notification is sufficient for sale of property 

renew your passport as it is 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Your mother can apply for change in name through state or central government name change Gazette. So now you can decide which name is relevant or important as per you that name can be final as per the gazette.

 

So as of now you can mention change in name from A to B as she has all documents and few property on B name.

 

So you will require affidavit of name change and get notarized signature, two newspaper advertisement one in English and one in local language, and apply in state or central government for change in name gazette.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. There is no way to remove or make corrections in your educational certificates or in her land deeds though correction of names is permissible in Adhaar Card or PAN Crd or Voter card.

2. However to deal with anomaly of her names if she affirms an affidavit from first class judicial Magistrate then all her problems would be solved. 

On this basis you can sell her property as well by using both of her names in the sale deed. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

There are two ways one is rectification deed and other is affidavit. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. Publish a notice in official Gazette , after mentioning that both name A & B same , 

2. Legally you cannot correct the name in your educational certificate after 2 years from the date of passing the same. 

- Yes, she can sell the property which is in name A , and the said Gazette sufficient for all works.

- Dont make changing in passport , if not facing any problem. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1- You need to publish your corrections in name in the Gazette of State  Government .

2- After publication in State Government Gazette then you need to publish the Xerox copy  of State Government Gazette of corrections in two leading Newspapers. 

You have legally corrected your name after following the above step one and two.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Your mother's name in the property documents and your educational certificates cannot be corrected at this stage.

If she is known by two names, then you can prepare a notarised affidavit stating that both the names are one and and the same and she is known by both the names.

After that you get it published the same in a local newspaper.

If necessary you can get it published in the government gazette publication also, which is generally not required for private people.

You keep this affidavit and the newspaper publication along with the other documents to prove her both the names as one and the same.

You can contact a local notary public for further issues on this.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. You have been properly advised about the procedure to be adopted in this regard to make all  further actions in this regard for a legally valid or recognition, you still have the same doubt.

You can proceed as suggested.

2. You can decide about it, if the current details do not create any problem in your passport then don't trouble the trouble.

 


1. You have been properly advised about the procedure to be adopted in this regard to make all  further actions in this regard for a legally valid or recognition, you still have the same doubt.

You can proceed as suggested.

2. You can decide about it, if the current details do not create any problem in your passport then don't trouble the trouble.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. Your mother shall have to execute an affidavit before the local 1st Class Judicial Magistrate affirming that inadvertently her name has been mentioned as A and B in her property documents, documents of her son and also in her ID card when she is known in both the names praying for a directive to all the concerned authorities to consider both A & B as the name of the same person being herself.

 

2. If she now wants to be known as either A or B, she can mention that also in the said Affidavit.

 

3. The said affidavit shall have to be published in the local Gazette and two local Newspapers, one being in vernacular.

 

4. Based on the said affidavit, all the discrepancies in connection with her name will be removed and you can send copy of the said affidavit to your educational authorities to make correction in your certificates and issue the same afresh. 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. The affidavit is the main document based on which she can sell her property either in the name of A or B or in the name finally chosen by her.

 

2. You can get your passport renewed also with the changed name of your mother based on the said affidavit.


1. The affidavit is the main document based on which she can sell her property either in the name of A or B or in the name finally chosen by her.

 

2. You can get your passport renewed also with the changed name of your mother based on the said affidavit.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

An affidavit must be made stating that her name is X and she is also known by Y. this should b3 notarized and should be presented in case of any issue.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Print it in the government Gazette. This process is complete and based upon this she may change her name in her official documents. Then proceed accordingly.

If she renounces A completely and her name is changed in her official documents then you have to also change her name in your passport.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

A specific performance suit is to be filed for getting the required corrections done.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Have affidavit of ur mother n mention ol this.. N take a sign n get stamped

Roshan Khatri
Advocate, LUCKNOW
138 Answers

1. Your mother can execute a name declaration affidavit in which all her documents in which single name is used to be mentioned and declare that both names are of same person.

2. For change of mother name in educational certificates make application for rectification of errors with in 10 years of date of issue of certificate.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

please make a declaration affidavit that A and B is one and the same.

It is advisable to have her name changed and declarations given in Court, Newspaper and Gazette as well that she is known by both names and both names are of her.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Gazette notification is enough. 

you can change but it is Advisible dont change. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

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