• Uncle's name as father in all records

Dear Sir,
I belong to Hindu family & 44 years old. I have 4 brothers & 4 sisters &  I am the youngest one. 
My fathers were three brothers and my father (Sh. Meer Singh) was middle one,  means he had one elder brother and one younger brother. The younger brother Sh. Ran Singh (My Uncle) took part in Freedom Struggle and was a Freedom Fighter. He was not married and was staying with my family.
In the year of 1976,  I was admitted in the village school at First Class. Later some time, I came to know that my Uncle’s name has been written  at the column of  father’s name in the school.
I told this matter to my family and then they all told me that it has been decided by the whole family that one of the boy is to be given the name of the Uncle (Sh. Ran Singh) as father’s name. So that Sh. Ran Singh name can carry on and even he will get all the facilities being given by Govt. to Freedom Fighters. As all my elder brothers & Sister were already enrolled in the school, so my name was finalized.
I being the child & minor didn’t know whether it was right or wrong.
I have my Uncle’s name (Sh. Ran Singh) as father name in all my records like educational- Matric Certificate, 10+2, B.A., M.A., MBA and all others ID, DL, Aadhar Card,  Pass Port & residential proofs etc.
I have also served in Indian Air Force for 20 years and there also the name of my father’s is Sh. Ran Singh. 
Now one of my brothers is threatening me to file a court case for 420 as my father’s name is not actual.
As the above facts show that all my family members know this since last nearly 40 years which they can’t deny.
Now I request you to advise me the further course of action.

Thanks & Regards
Ravinder Singh
Asked 1 year ago in Family Law from Gurgaon, Haryana
Religion: Hindu
1)let your brother file case of cheating against you 

2) you did not enter your uncle name as your father in school  records . it was done by your parents . you were a minor at that time 

3)you have not mentioned what is father name reflected in your birth  certificate 

4) whether you had been given in adoption by your parents to your uncle 

5) evidence of your parents and uncle will be important in case any case is filed by your brother 

Ajay Sethi
Advocate, Mumbai
23192 Answers
1218 Consultations
5.0 on 5.0
Mr. Singh, this act of your parents was illegal and cannot be considered as valid at any point of time even for any genuine reason.   It is clear from your narration that your parents intentionally given his name as your father to illegally grab the benefits that you do not deserve by cheating the government.  However since there is no adoption given to your uncle by your parents, you still remain a  child of your parent alone. Even now you can change your father's name by giving an affidavit by (falsely)stating that your father's pet name was so and so (your uncle's name)  at home hence that was erroneously recorded in the school records however his actual name is so and so (your own father's name), hence to avoid confusion in your father's name, all your certificates which carry your father's name a different shall henceforth be known as so and so alias so and so. This name change can be effected in the government gazette publication too based on the affidavit and also after duly published in the local newspaper.  
This may take care of the other problems that may may arise.
T Kalaiselvan
Advocate, Vellore
13979 Answers
127 Consultations
5.0 on 5.0
1. You cannot be prosecuted for cheating as the name of your uncle as father's name due to the reason that his name was incorporated when you were a child. However, after you have attained majority it is your duty to rectify the wrong. Your failure to set in motion the process to incorporate the name of your biological father in your documents of identity can make you liable to be prosecuted for cheating.

2. Apply to the competent authorities to incorporate the name of your biological father.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
Hello,
1) Let your brother go ahead and file the case.As such you can not be prosecuted for for something that you have not done.

2) It is however possible for you to have the name corrected in the record and get your father's name incorporated.This will stem all possible problems that can arise if someone rakes up the issue.It can also save the possible allegation of you not having taken corrective measures when you became a major. 
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1.You shall have to decide whether you ant to correct the mistake made since ages calling yiyr Uncle as your father in all your certificates,

2.If you decide to correctly the mistake, file a declaratory suit praying for a declaration that your father's name is what it actually is and not  Sh. Ran Singh and direction up on all the authority to change the name of your father in all heir records.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
1) changing your name in educational certificates would be a tedious process 

2) after28 years of passing from school the board will not change your name in school leaving certificate without court order 

3) you would need an affidavit from your mother that your biological father is not your uncle ant rely upon it in your court case to direct board to change of name in your educational certificates 

4) in the alternative your mother can given an affidavit that child was given in adoption with her consent by your biological father to your uncle and hence your uncle name was reflected in your school records 

5) it would protect you in case your brother files case of cheating against you
Ajay Sethi
Advocate, Mumbai
23192 Answers
1218 Consultations
5.0 on 5.0
1. You should not let continue the reflection of factual information which is untrue, So immediately start the procedure to incorporate your biological father's name in the documents.

2. The procedure is to apply to the competent authority. For ex. Commissioner of Income Tax in case of PAN card and Election Commission for voter card. You may be asked to execute an affidavit sworn before an executive magistrate.

3. The educational certificates are not required to be changed.

Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
1)	Should I continue with my Uncle’s name or I should change to my biological father’s name.
If you have not obtained your birth certificate, you may apply for it and get the same from the concerned authorities which will certainly contain your biological (original) father's name only, that will be  enough for you to notify the change of your father's name as per the procedures mentioned earlier. 


2)	If I have to change the name of my father then what is the complete procedure.

3)	Which are the Competent Govt. Authority to approach.
For both the above questions, you may refer my previous post containing a detailed explanation about the procedure to be followed in this regard and  you can proceed accordingly. 


4)	Will I have to change all my Educational Certificate and personal ID & residential proofs.
Not necessary, you may keep the copy of the gazette publication alongwith the said certificates to prove your authenticity. 



5)	Any other important point/ guidance.
Dont get confused and complicate things when they can be solved by following simple procedures. 
T Kalaiselvan
Advocate, Vellore
13979 Answers
127 Consultations
5.0 on 5.0
1) you would need birth certificate to change your matriculation certificate 

2) passport office will not change your father name on your passport only on basis of gazette notification 

3) it would insist on birth certificate showing your father name and your school leaving certificates also to reflect your father name 

4) for gazette notification take application form from govt press of your city , fill in details , pay the charges . It takes a month for it to be published in gazette 
Ajay Sethi
Advocate, Mumbai
23192 Answers
1218 Consultations
5.0 on 5.0
1) I may apply for & get the Birth certificate from the competent authority & it  must have my biological father's name but what I know is my D.O.B. will not match with my matriculate records. 
So can I proceed without D.O.B. certificate,  guide me on this.
What is the purpose to get BOB certificate now?, if you have already got the passport, then you dont need it. 



2) Now I am left with the one option and that is to make an Affidavit from Executive Magistrate regarding correction of father's name and then to get it published in the Gazette Notification and Local News paper.
You have been told about the procedure, now the choice is yours.


3) Guide me for the full procedure of, How to get this correction be Published in the Gazette Notification.
You have to consult a local advocate who will be able to guide you the procedure to get it published in the government gazette.



4) Or if there is any other simpler way/ procedure other then the above then pls guide me on that also.
You tell which is the simpler way than this to accomplish your desire.
T Kalaiselvan
Advocate, Vellore
13979 Answers
127 Consultations
5.0 on 5.0
1. The disparity in the date of birth in your birth certificate and matric certificate will land you in further quandry. The educational certificates cannot be changed even if you execute an affidavit before an executive magistrate.

2. The birth certificate is the primary document to settle the dispute of date of birth. As such, the date mentioned on the birth certificate will take precedence over the date mentioned in all other certificates.

3. You should get the birth certificate issued from the registrar of births and deaths with the name of your biological father as your father. Thereafter, execute an affidavit before an executive magistrate to state that your biological father's name is what has been mentioned in the birth certificate. This information should then be published in a national daily and two regional dailies, followed by gazette publication. Once this is done you can proceed to get the name of your biological father incorporated in your documents of identity.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
1. This decision you shall have to take. There will be no difference in your changing or keeping your father's name,

2. You shall have to file a declaratory suit praying for a declaration that Mr. Meer Singh is your father in place of your Uncle as advised in my earlier post,

3. You shall have to approach the Court for the declaration,

4. After getting the Court order, you shall have to approach all the authorities asking them to change your father's name accordingly,

5. There is no benefit you can expect by doing this exercise.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
1.You will not get birth certificate with your biological fatr's name but it will have your correct D.O.B. which you have 
not mentioned any where in your educational certificates. So, it will create problem. Moreover thre is no need for this exercise,

2. You can file a declaratory suit for changing your father's name with a direction upon all the authorities to incorporate the said change in all their records,

3. After getting the declaration from the Court, you can publish the same in two local news papers one being in vernacular language and the other one in English,

4. Where do you wan to prove that he is your actual father? If you apply for any post any where and submit the educational certificate, the  authority will question why these certificates have not been changed when you have got the Court order. it might create confusion further. You shall have to show that you have lready applied for the change.

Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
It is good advice .
Ajay Sethi
Advocate, Mumbai
23192 Answers
1218 Consultations
5.0 on 5.0
You have been advised sufficiently and also you have consulted many lawyers who have given their proper opinions, now it is your own decision to proceed in the manner that befits you or which is suiting your taste.
If you feel that the latest advise by those so called  eminent lawyers of your city to be more suitable, you may decide the further curse of action on their advise.
T Kalaiselvan
Advocate, Vellore
13979 Answers
127 Consultations
5.0 on 5.0
1. You can simply file a declaratory suit praying for declaration that you were verbally given in adoption to your said uncle by your parnts,

2. You can attach an affidavit of your mother duly affirming the above matter,

3. After filing this declaratory suit no complaint of cheating against you will stand,

4. Even without this court declaration no case of cheating against can stand since your father's name was given as Sh. Ram Singh in the year 1976 while admitting you in village school by your family members and it is not possible for you being a kid to know who is your father unless your mother tells you who he is.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0

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