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 8 years ago in Family Law
Religion: Hindu
Dear Sir,
Thanks a lot for providing the Legal Aid, but there are still few doubts to be cleared as follow:
Few more info on the Case History are:
1) I have not obtained the Birth Certificate. D.O.B. recorded on the Matriculation Certificate is accepted every where and in Matriculation Certificate also, the name written is of my Uncle.
2) As I told you that in all my personal records & even in Indian Air Force Service Records the father’s name is of my Uncle and not of my biological father.
3) The adoption (Godhnaama) formalities were also not carried out.
4) Till date I have never tried to avail any of the facilities given to the Dependents of Freedom Fighter.
4) As on date my biological father and my uncle are no more. I have only my mother (84 years) old alive apart from my 7 brothers & sisters.
Need Clear Cut Guidance on the followings:
1) Should I continue with my Uncle’s name or I should change to my biological father’s name.
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.
4) Will I have to change all my Educational Certificate and personal ID & residential proofs.
5) Any other important point/ guidance.
Thanks
Ravinder Singh
Asked 8 years ago
Dear Sir,
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.
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.
3) Guide me for the full procedure of, How to get this correction be Published in the Gazette Notification.
4) As you told me that if I get my correction published in Gazette & News paper then I don't need to change my educational certificates etc and I can use this published evidence as proof of my actual father.
So this procedure seems to be possible to carry out.
4) Or if there is any other simpler way/ procedure other then the above then pls guide me on that also.
Thanks & Regards
Ravinder Singh
Asked 8 years ago
Dear Sir,
I have discussed my case with 3 Eminent lawyers of my city and they have advised me to proceed as follow:
1. That I should file a court case asking my Mother to give in writing that I was given in adoption to my Uncle (Sh. Ran Singh) by my biological father (Sh. Meer Singh) with the consent of my mother.
2. That then my mother will give an affidavit in the court that I was given in adoption to my Uncle by my father with her consent and that is why, in my school admission my Uncle’s name was written as father. In this case the evidence of my mother will play an important part as she is the only alive person among three.
Or
In the support of this my brother or sister or village responsible person can be called as evidence.
3. That then The Court will make the General Public as a party and get it published in the news paper if anyone having any objection regarding this case can appear in the court on the stipulated date.
4. That then The Court can Execute the declaration that my Uncle is my father as I being his adopted son.
5. That then the Executed Declaration can be published in the Gazette and in news papers.
6. That this final out come of the court will be fully Legal in the court of The Law and I will not have to go through the difficult process of changing all my educational and personal records documents.
Pls advise me on the above course of action whether it is Good advice or not.
Thanks & Regards
Asked 8 years ago