• Surname issue after inter-religion marriage

My name is Sahil Kapoor and I married to a Muslim Girl (Hina Khan) in year 2006 Lucknow, Uttar Pradesh, after her conversion to Hindu. We got married through Arya Samaj rituals and then we registered our marriage to the Registrar of Hindu Marriage.

After completing all these procedures we got the following documents: 

- [ ] Shuddhi Pramaan Patr (Name Changed from Hina Khan to Hina Arya )
- [ ] Vivaha Pramaan Patr (Marriage Certificate from Arya Samaj Mandir) in the name of Sahil Kapoor and Hina Arya
- [ ] Marriage Registration Certificate from the Registrar of Hindu Marriage in the name of Sahil Kapoor and Hina Arya


After a few months of our marriage I moved to Mumbai for the Job but my wife continued in Lucknow and joined one of the insurance company. That company asked my wife to submit a few documents and then they helped her to get her PAN Card and open a bank account in a multi national bank.


She got her PAN Card with Name Hina Kapoor (as per my surname). And Now apart from PAN Card she has a few other documents like Aadhaar Card, Voter Card , Passport, Driving License and Vehicle Registration and bank account on the same name Hina Kapoor.


My wife is my nominee in My Bank accounts, Insurance, PF and a few other accounts and her name Hina Kapoor is mentioned in all these accounts.


My question is that, in future if anything happens to me (Eg: loss of life) due to any reason, will my Bank or insurance company create any problem in claim settlement. Since my wife does’t have any document to support her name change from Hina Arya to Hina Kapoor (as per my surname).

Is there any document required for surname change, if yes then, if she apply for surname change now, will the Bank and insurance companies accept it as I took these insurance policies a long back.
Asked 3 years ago in Civil Law

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18 Answers

Shuddhi Pramaan Patr (Name Changed from Hina Khan to Hina Arya ) along with marriage certificate is enough.
Marriage certificate should have been Hina Kapoor but both are valid.

Now she have all other documents also , PAN, Aadhaar Card, Voter Card , even Passport, Driving License and Vehicle Registration and bank account on the same name Hina Kapoor.

 

So there will not be any problem by Bank or insurance company in claim settlement.

 

Ankur Goel
Advocate, Bangalore
454 Answers

4.9 on 5.0

Since her correct name is inscribed across all the important documents like Aadhar, PAN and DL; I do not see the Banks creating any throughout for her in releasing the funds. 

 

Having said the above, at the time of the religious shudhi which your wife underwent at the Arya Samaj Mandir at the time of the marriage, she should have ideally also executed a notarized affidavit of religious conversion. Nonetheless, I still do not foresee any trouble for her.

 

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

Change of name from hina arya to hina Kapoor should be done by publication in official gazette and 2 local newspapers supported by affidavit 

 

bank and insurance companies would accept it 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

When the name is changed during arya samaj marriage, the surname is changed to arya. You should have changed her name to Hina arya kapoor.

But as she has retained the first name and dropped her last ie arya that would not be a problem.

It has been a long time since you married and have been living together as husband and wife.

There would be no problem at all.

An affidavit can be made by her stating that she is hina arya and Kapoor both are the same as a caution. But other than that there is no problem.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

If she has her name as Hina Kapoor in PAN Card,  Aadhaar Card, Voter Card , Passport, Driving License and Vehicle Registration and bank account no one can ask her anything beyond that. Your worries are unfounded. No authority is supposed to go in the past and ask her to prove how she became Hina Kapoor. She will not face any problem.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

This is not the question of change of surname.

It is a name change itself.

She was known as Hina Arya and now she is known as Hina Kapoor.

She cannot just like that change her name without following the procedures of law for change of name.

It would be better that at least she follow the procedures to establish her changed name by following name change procedures. 

The changed name is not authentic without it being approved after the procedures are followed for the change of name  therefore you may act at once without further delay in this regard. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

The name change of your wife has to be published in the official Uttar Pradesh Gazette

Muraleedharan R
Advocate, Trivandrum
373 Answers
2 Consultations

5.0 on 5.0

No. The documents standing in her present name are enough to take care of release of assets in her favour. 

However she can get an affidavit affirmed from a first class Magistrate on that regard. 

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Dear Sir,

1) If the changed name of your wife HINA KAPOOR is there on all the documents Pan card, Aadhaar Card, Voter Card , Passport, Driving License and Vehicle Registration and bank account, Then the bank nor the insurance company would question the same.

2) Sir there is no other legal process that you need to undertake.

Thank you

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

She can change the name by applying to gazette notification and publishing in 2 newspaper.

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

1. She has become Hina Kapoor from Hina Arya by virtue of her marriage.

 

2. She should now get one affidavit executed before local 1st Class Judicial Magistrate affirming that she has now become Hina Kapoor from Hina Arya after her marriage with  Sahil Kapoor on.........and will henceforth be known as Hina Kapoor. Both Hina Arya and Hina Kapoor are the same person.

 

3. She shall have to publish the gist of the said affidavit in local Gazette and also two Newspapers, one being in vernacular.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

- Shuddhi Pramaan Patr (Name Changed from Hina Khan to Hina Arya ) is a legal proof as per Hindu law , that 
she has converted to Hindu religion after changing her name from Hina Khan to Hina Kapoor, and hence she will not
face any trouble in future with her new name .
- Further, you can publish a public notice in the two leading newspaper at the place where the marriage was taken
place , after mentioning that she has converted to Hinduism and further changed her name , then now legally she
will known as Hina Kapoor for all purposes.

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

1) affidavit of name change can be executed in another city 

 

2) insurance company would pay policy proceeds if your wife has changed name by notification in official gazette and 2 local newspapers 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Yes you may do so in any other place too. Insurance policy will not get affected. You should inform them of your new details.

Affidavit should be executed in Lucknow.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

The affidavit can be made in your current place of residence itself. 

This affidavit for change of name will be sufficient for the insurance company to consider the claim 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. No, it is not mandatory and you can execute the affidavit in the city of residence. 

2. Yes, the insurance company will also consider the same 

- However after making the affidavit and other legal formalities and changing the name of documents , you should apply before the Insurance company for name changing .  

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

Dear Sir,

1. You may do it in any city and it is not mandatory to do it only in the city where the marriage took place

2. It is always better to notify the insurance company about the same, to stay on the safer side and minimise risk. 

3. Carry a copy of the 'Deed changing name form' available with the Controller of Publication, Department of Publication; Alternatively, a letter of declaration from you, stating the need for changing the name will do; Carry original copies of advertisements published with the date.

4. Name Change Procedure in India

The name change procedure involves the following steps: Affidavit submission, an announcement published in the newspaper and a notification published in the Gazette of India. While following these steps, the applicant will require certain documents attested by the Judicial Magistrate/Notary

Step 1: To Create The Name Change Affidavit

Make an affidavit with the help of a lawyer. This affidavit should include details such as your old name, proposed new name, the reason for the name change (marriage, legal, numerology, etc) and address. Print the affidavit on a stamp paper and get it duly signed by two witnesses. Visit a notary to notarize the affidavit

Step 2: To Place an Advertisement

Publish an advertisement about the name change in a local and a national newspaper. A sample of the advertisement is attached in the files section

Step 3: Gazette Publication - Name Change Gazette Procedure

Submit the application and documents for publication of name change in Official Gazette to Department of Publication. Publication of your name change will be made in the Official Gazette within 7 days from the application. 

Thank you

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

1. You can do it in aby other5 city where she lived.

 

2. Yes, the affidavit shall have to cover this aspect also.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

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