Birth name in will
Harish Kumar
(Querist) 03 February 2015
This query is : Resolved
Dear Sir/ Madam,
My great grandfather has written a Will (Self acquired property) on us i.e. on great grandsons. It is agriculture property of 5 acres. Will was written and registered in 1989. My great granfather passed away in 1991. In the will, he has given the right to enjoy to his only son (my grandfather) and to his all his grandsons (my father and his bothers) till his all great grandsons attain majority age. No share of property was mentioned in the Will to any of female members in the family. In the Will, he has mentioned my father’s and his brothers’ names correctly whereas while mentioning my name and couple of my cousin’s name he has given birth name instead actual name. We have different birth name and actual name, my birth name is Ramachandran whereas actual name is Harish Kumar. All my certificates / records carry my name as Harish Kumar, only in the Will it is mentioned as Ramachandran. We are now dividing the property between cousins. Now this name is creating a problem. Kindly anyone give me solution to resolve this.
PS. When the Will was made, I was just 3 yrs Old.
Harish Kumar.M
Advocate Ravinder
(Expert) 04 February 2015
You have to prove that your great grand father infact wanted to bequeth the property to you only i.e. Harish Kumar though he had mentioned you as your birth name as Ramachandran. Any documentary or oral evidence of any close relatives or friends of your great grand father in the court will satisfy. For further clarifications contact me ravinder2345@gmail.com.
T. Kalaiselvan, Advocate
(Expert) 04 February 2015
If you cannot proceed with an affidavit stating that both the names are one and the same, you may apply for probate of Will giving the details and also the affidavit containing the contents that both the names are one the same. Upon grant of probate, you may go for registration of property in your name as per your entitled share in it.
