• Correction of father's name in land records

My late grandfather, Chandkiran, had two children, Sanjay and Vikas. Sanjay married Anita (my mother) and had two sons, Ashwani (my brother) and Rajneesh (me). Sanjay passed away shortly after we were born. Later, Vikas married my mother and took care of us since we were very young. In our educational documents, such as marksheets, and in public records like Aadhar and Pan cards, Vikas is registered as our father. However, in the tehsil records, Sanjay is listed as our father.

When we applied for a farmer card, we faced difficulties due to this inconsistency. We want to ensure that the tehsil records are updated, as changing this information in marksheets and other documents will be challenging. Could you please guide us on how to correct this?
Asked 8 days ago in Property Law
Religion: Hindu

14 answers received in 1 day.

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21 Answers

You must be having the birth certificate issued by the authorities. The birth certificate reflect the name of your biological father. It is doubtful that they would change  the name of a biological father in your birth certificate.

 

You have to change the name of your father in Aadhaar card and PAN card, other educational documents

Ajay Sethi
Advocate, Mumbai
97479 Answers
7880 Consultations

You will have to apply to School board to change the name of your father in the school, leaving certificate

 

if the board refuses You need court orders to change the name of the biological father in school leaving  certificate

Ajay Sethi
Advocate, Mumbai
97479 Answers
7880 Consultations

You cannot become the son of your step father without you being adopted.

You may have to follow the name as recorded in your birth certificate or tehsil records.

The name of your father as recorded in your school records or other documents is not legally valid because unless you were legally adopted by your step father he cannot become your legally recognised father.

You can file a suit for declaration to declare the correct name of your father in your school records and accordingly change all other documents.

T Kalaiselvan
Advocate, Vellore
87678 Answers
2354 Consultations

The process of filing a suit for declaration to declare the correct name of your father in all the records is the option available before you.

The time taken for disposal of the suit cannot be predicted owing to various factors involved in it 

T Kalaiselvan
Advocate, Vellore
87678 Answers
2354 Consultations

You can do the same through gazette notifications and paper publication it can take maximum 15 days

Prashant Nayak
Advocate, Mumbai
32838 Answers
209 Consultations

Submit an application in prescribed form to Tahasildar seeking correction with documentary proof under Section 38 of UTTAR PRADESH REVENUE CODE, 2006. If application is rejected you can application to the  Commissioner within 30 days of such order. It will take 90 days. 

Ravi Shinde
Advocate, Hyderabad
4393 Answers
42 Consultations

To correct your father’s name in land records:

  1. File an affidavit with the tehsil office stating the facts, supported by documents like Aadhaar and marksheets.
  2. Submit an application for correction with no-objection from family members.
  3. Alternatively, transfer the land to Vikas via a gift deed or family settlement for quicker resolution.

Correction may take 1-3 months; transfer is faster. Consult a local lawyer to expedite.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
494 Answers
1 Consultation

To correct tehsil records and reflect Vikas as your father, you can file an application with the Tehsildar, supported by an affidavit from your family, Aadhaar/PAN cards, and other documents showing Vikas as your father. Alternatively, Vikas can re-transfer the property to you through a gift deed or mutation process, which may be quicker but could involve charges. If required, obtain a court declaration affirming Vikas’s legal parentage to further support your case. Engaging a local lawyer can streamline the process, which may take 1–3 months depending on the chosen route and jurisdiction.

Aman Verma
Advocate, Delhi
209 Answers

Dear Client,

 

You can systematically correct your father's name in the tehsil records bymaking it consistent with your educational and identification documents. First, you prepare a sworn affidavit explaining the circumstances, such as your father Sanjay's death, your upbringing by Vikas, and the registration of Vikas as your father in other official records, supported by documents like your Aadhar card, PAN card, and educational certificates. Since this is a family matter and uncontested, all stakeholders, including Vikas and other family members, can sign a no-objection affidavit affirming the legitimacy of the correction. Submit an application to the tehsildar or the local revenue office requesting the correction in the land records, along with the affidavits, Sanjay's death certificate, and supporting documents. The tehsildar can verify or hear the claim with the help of witnesses, such as family members or community members, who may provide testimony. Uponverification, the tehsildar can update the records and order an entry that Vikas is your father. Alternatively, because Vikas is Sanjay's real brother, you could transfer the land to Vikas, which, then, can be transferred back to you. His name will always appear in the records this way. It would not need a rectification of historical entries but would incur additional registration and transfer fees. Normally it takes 3 to 6 months tocorrect or transfer. It may speed up if there is no dispute or objection. Direct transfer of ownership over land directly to Vikas and then again to you might be quicker provided that the family agrees, though this will involveregistration fees. It is better to consult a lawyer in your area who specializes in land and revenue cases for properdocumentation and non-delay.

Anik Miu
Advocate, Bangalore
10376 Answers
121 Consultations

You cannot have 2 birth certificates 

 

the presumption would be second one may be false as father name is different 

 

you should cancel second birth certificate and change educational records 

Ajay Sethi
Advocate, Mumbai
97479 Answers
7880 Consultations

You cannot change the land records as your father mane is correctly reflected on the records

there is no adoption deed executed by mother on your biological father demise 

Ajay Sethi
Advocate, Mumbai
97479 Answers
7880 Consultations

Ownership status can be changed only through mutation 

Prashant Nayak
Advocate, Mumbai
32838 Answers
209 Consultations

Your father's name in your birth certificate is that of your biological father and not your step father.

You can change the name of your father in the birth certificate only when you are legally adopted by your step father hence the name of your step father appearing in all the records as your father is illegal and invalid.

T Kalaiselvan
Advocate, Vellore
87678 Answers
2354 Consultations

You can consult your own lawyer for the possibilities to manage the transfer of property accordingly.

T Kalaiselvan
Advocate, Vellore
87678 Answers
2354 Consultations

Steps for Quick Resolution:

  1. Execute a Gift Deed or Family Settlement:

    • Your grandmother can transfer the property directly to you or your brother via a registered gift deed or family settlement deed.
    • This avoids the need for changing your father’s name in tehsil records.

  2. Submit to Tehsil Office:

    • File the registered deed at the tehsil office to update land ownership in your name.

  3. Provide Family Statements:

    • Include affidavits or no-objection certificates from all family members to expedite the process.

Advantages:

  • Faster than correcting the father’s name in land records.
  • Resolves ownership and documentation issues in one step.

Timeline:

  • Gift deed/family settlement and updating records can be done in 1-2 weeks.

Consult a lawyer for drafting and registration. For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. If you could spare two minutes to write a review, it would bring immense happiness. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
494 Answers
1 Consultation

There has to be giving and taking ceremony for valid adoption 

 

your mother has to give child in adoption to your step father

 

you can have notarised deed of adoption 

Ajay Sethi
Advocate, Mumbai
97479 Answers
7880 Consultations

To resolve the issue regarding your adoption and the ownership status of land in tehsil records, you can approach a family court for legal recognition of your adoption despite the absence of a formal deed. Prepare affidavits from your stepfather, grandmother, and witnesses, including the gram pradhan, stating the adoption. After obtaining the court's declaration, you can file an application at the tehsil office to update the ownership records, showing your stepfather as your legal father and including your name. While there may be some complications, such as potential disputes over ownership or non-recognition of informal adoption, the court's declaration should facilitate the update of records and ensure your inheritance rights. It's important to consult a family lawyer to guide you through the legal process and ensure a smooth transition.

Aman Verma
Advocate, Delhi
209 Answers

You can do the same by filing a suit seeking declaration for the same

Prashant Nayak
Advocate, Mumbai
32838 Answers
209 Consultations

Adoption is only for child and no adoption can happen for adults. An adult cannot be adopted.

Therefore you need to have an adoption deed to declare your step father as your adoptive father.

T Kalaiselvan
Advocate, Vellore
87678 Answers
2354 Consultations

Only child below 15 can be adopted under HAMA. If your are above you need to prove adoption before crossing 15 years. 

Ravi Shinde
Advocate, Hyderabad
4393 Answers
42 Consultations

To resolve the issue of correcting your father’s name in the land records, here are a few potential solutions:

1. Correcting Father’s Name in Land Records:


  • Affidavit and Application: You can file an affidavit at the tehsil office, stating that Vikas has been your real father and providing supporting documents (Aadhaar, marksheets, etc.). You can also submit an application for correction of records with a no-objection certificate from family members.

  • Timeline: The correction process typically takes 1-3 months. It can be expedited with proper documentation and support from family.

2. Transferring Land Ownership via Gift Deed:

  • If there is no objection from anyone, you can transfer the land ownership to Vikas via a gift deed or family settlement deed, which would bypass the need to correct your father's name in tehsil records.

  • Timeline: This process can be completed in 1-2 weeks and is a faster solution.

3. Legalizing the Adoption:

  • If you wish to officially recognize Vikas as your legal father, you can apply for adoption under the Hindu Adoption and Maintenance Act (HAMA). While no formal adoption deed was executed, you can approach the court for a declaration of adoption, supported by affidavits and witness statements from your family members, including your gram pradhan.

  • Timeline: The adoption process might take several months, depending on the court's schedule.

4. Complications and Risks:


  • Document Requirements: Be sure to have all relevant documents, such as birth certificates, family statements, and affidavits, to avoid delays or rejections.

  • Dispute-Free Process: Since there are no disputes or objections in your case, the process should be smoother.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
494 Answers
1 Consultation

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