• Name change

Hi ,

When we bought a property, we registered the property on my name and my wife's name. However at that time, as my wife's last name on passport and other documents was on her originial surname, we registered the property with her surname. later we changed her surname to my surname. How can we update the property deed? Let me know your thoughts.

Thanks,
Vijay
Asked 1 month ago in Property Law
Religion: Hindu

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8 Answers

Not necessary to change wife name in property deed 

 

in event you sell the property it can reflect her married name and also mention her former name 

Ajay Sethi
Advocate, Mumbai
80471 Answers
4927 Consultations

5.0 on 5.0

You can apply to sub registrar office for to update change in your wife's name with affidavit in front of Indian Embassy Consulate in USA. Kindly attached pre and post marriage name documents of your wife along with marriage certificate.

Ganesh Kadam
Advocate, Pune
11850 Answers
116 Consultations

4.9 on 5.0

Change of surname need not be updated in deed. A notarized affidavit is enough to deal with the situation. 

Devajyoti Barman
Advocate, Kolkata
21978 Answers
325 Consultations

5.0 on 5.0

The property deed will remain in the same name by which it was registered. 

The name in the property deed cannot be changed or updated. 

If at all you want she to be known by the latest name alone in future,  she may have to prepare a duly notarized affidavit stating that both the names are one and the same and she will be known by the latest name alone in future. After that she has to publish the contents in a local newspaper. 

Then,  if necessary  she may get it published in the government Gazette publication. 

She can keep all these documents along with the property deed in order to ensure safe execution of sale of property in the future. 

T Kalaiselvan
Advocate, Vellore
70524 Answers
985 Consultations

5.0 on 5.0

1. The sale deed for a property, once executed, cannot be amended to incorporate a new name of the buyer except if the seller comes forward to execute a rectification deed.

2. You do not have to update the sale deed.

3. When the property is to be sold by her she can include a declaration in the sale deed to be executed by her in favour of buyer to state that in her sale deed her original surname appears and subsequently she changed her surname.

Ashish Davessar
Advocate, Jaipur
30295 Answers
879 Consultations

5.0 on 5.0

Dear Client,

There in no need to change the name in the property. But you want to change the name in the documents then you have to file a civil case for declaration and after having degree of declaration you have to show  to  the revenue officer i.e. Tehsildar or Patwari for changing the name.

Jaswant Singh
Advocate, Gurugram
903 Answers
2 Consultations

4.8 on 5.0

by way of a supplementary deed to the principal deed

the seller's presence will be required

if that is possible then fine

else whenever you wish to sell the property, you can given an affidavit to the buyer or to his banker [in case the buyer is funded by a bank] stating the facts as regards the surname in the deed and subsequent change in surname

Yusuf Rampurawala
Advocate, Mumbai
5907 Answers
42 Consultations

5.0 on 5.0

- You can change or correct the name after executing an Affidavit that both names are same and of one person only.

- Further , publish the said notice in the official gazette , 

- Further after submitting these documents , she can correct her name legally. 

Mohammed Shahzad
Advocate, Delhi
5910 Answers
60 Consultations

5.0 on 5.0

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