My domestic help Rajkumar chatri, who is an orphan child born and brought up in Jesu Ashram, A charitable Society, Matigara, Dist. Darjeeling, West Bengal for almost 15-16 year.
His initial name was “Rajesh Thapa”.
In his later life he has changed his name to “Rajkumar Chatri” and all his government documents(Pan Card, Aadhar Card etc.) at present bearing the name of Rajkumar Chatri.
Initially, the Jesu Ashram authority has invested some money in the form of UTI Mutual Certificates for his future benefit in the name of “Rajesh Thapa”.
Now the Mutual fund certificates are mature, hence in order to redeem them and transfer money, UTI has demanded proof /bank account in the name of “Rajesh Thapa” which he is not able to furnish since all his government proofs bearing the same of RajKumar Chatri.
The Director of Jesu Ashram has given a photograph attested undertaking declaring that the person who is bearing both names Rajesh Thapa and Rajkumar Chatri is same and attested with organization seal after verification of his organization records which UTI is not accepting. They have also denied the affadevits given in this behalf.
Can you please let me know how to resolve the situation and the legal recourse.
Asked 2 years ago in Civil Law from Kolkata, West Bengal
was gazette notification issued of name change?
2) name change has to be published in 2 local newspapers
3) an affidavit has to be executed regarding name change by rajesh thapa
4) on basis of these documents apply to UTI
1. Your domestic help shall have to affirm under affidavit before a 1st class Magistrate that both Rajesh Thapa and Raj Kumar chetri are the same person for all purposes including for claiming the maturity amount of UTI Mutual certificates,
2. After the affidavit is affirmed, its copy should be sent to UTI who will consider both the persons as same and transfer the amount to account of Raj Kumar Chetri.
If the UTI authority is not accepting the affidavit or the Ashram's certificate, then you may furnish an indemnity bond to the UTI indemnifying the loss in this regard.
If the UTI authorities refuse to accept this indemnity bond too, then you have no option than to approach a civil court with a suit for declaration.
In the declaration suit you can implead the UTI as a party and seek the court to declare his name as so and so alias so and so or to declare his name so and so which is also known as so and so. The court order directing the UTI shall fetch him the relief desired.
UTI will not accept a declaration from the director. He should obtain a succession certificate from the court to redeem the MFs and other liquid assets. The court will issue a general notice to enable any member of the public to oppose his petition. If none comes to oppose his case then he can expect to get the Succession Certificate in 6-8 months or thereabout. So tell him to engage a lawyer to file for SC.