Keeping both surname i.e. maiden and husband surname simultaneously
Madhu Mittal
(Querist) 27 June 2015
This query is : Resolved
Respected Sirs,
I have seen a query at
http://www.lawyersclubindia.com/forum/Name-change-after-marriage-115506.asp#.VY5Wixuqqko
Query was “My query is, after her surname change can she still use her maiden name for filling forms during her internship period ? Would that still be legal ?”
Please answer the above query, because almost same problem is with my known one. I have seen also query at thread:
1. http://www.lawyersclubindia.com/experts/Same-person-dual-name--372731.asp#.VTTIgdKqqko
2.http://www.lawyersclubindia.com/forum/details.asp?mod_id=6796&offset=2#.VSe1ptyUdr0
3. https://deedpolloffice.com/advice/woman-getting-married#use-maiden-name-professionally: Your husband's name, but still use your maiden name professionally
So be kind enough to reply, so confusion may be removed:
Q.1. My query is, after her surname change can she still use her maiden name for filling forms during her internship period ?
Q. 2 Would that still be legal ?”
Q. 3 whether a married woman can keep both surname i.e. 1. maiden surname 2. husband Surname ?
Q. 4. can she give affidavit somewhere (say share were allotted before marriage, and affidavit requires for demateralise them, as there is difference shown in signature) using maiden surname and address before marriage as resident of ; and somewhere (for any other purpose, say property purchased after marriage with husband surname, and at the time of selling it) using husband surname with address of her husband, without deceiving any body?
Thanks in advance with Respect,
Sudhir Kumar, Advocate
(Expert) 08 July 2015
YOU ARE NOT FIRST OR LAST LADY ON EARTH WHO IS USING BOTH SURNAMES AFTER MARRIAGE, OR WHO IS USING ONLY ONE SURNAME OR WHO IS CHANGING SURNAME OR WHO IS NOT CHANGING SURNAME.
IT IS YOUR DISCRETION.
Sudhir Kumar, Advocate
(Expert) 08 July 2015
my above reply is without going through the entire narrative and without going through the quoted link. I have no such time.
Madhu Mittal
(Querist) 08 July 2015
Respected Sir Sudhir ji,
Thank you for answering my query.I have given quoted link, because there is different opinions on this issue. And before giving this query here, I myself studied more links, but again there is different opinions, that is why I want to get it cleared through this thread, In spite of knowing that there is shortage of time of the experts of this forum. But as far as you are concerned, I have seen at many threads you giving reply line to line, very much appreciable at least at my level. But if I could not get replies of this query due to shortage of time at your level as well as query is complicated due to different opinions, it is my bad luck as well as the bad luck of the 3 lacs members of this forum who may be benefitted, and who wants to do everything legally, and do not want to be dragged into the trap of law due to only lack of knowledge of law.
I still request you as well as others members of this forum to be kind enough and spare some time for this complicated query (due to different opinions), to give answers of my Q 3 whether a married lady can have both surname maiden and married using surname interchangeably legally at the same time as well as using address, , as asked in my Q 4 . I am so much cautious, as there should not be any accusation for withholding material facts at later stage, becuase if anything proved wrong legally in an affidavit, it is punishable.
Thanks with Regards,
Tajobsindia
(Expert) 09 July 2015
Q.1:- My query is, after her surname change can she still use her maiden name for filling forms during her internship period ?
A.1:- No, after legal change in name she cannot use her maiden name for filling forms during her internship period.
Q.2:- Would that still be legal ?
A.2:- No, it is not legal.
Q.3:- Whether a married woman can keep both surname i.e. (a) maiden surname (b) husband Surname ?
A.3:- Yes she can provided Marriage Registration Certificate states so (i.e. both maiden surname as well as husband surname)
Illustration - Maiden surname 'Khaitan’ Husband surname 'Mittal' = Marriage Registration Certificate issued in (sur)name of "Khaitan Mittal".
Q.4:- can she give affidavit somewhere (say share were allotted before marriage, and affidavit requires for dematerialize them, as there is difference shown in signature) using maiden surname and address before marriage as resident of ; and somewhere (for any other purpose, say property purchased after marriage with husband surname, and at the time of selling it) using husband surname with address of her husband, without deceiving anybody?
A.4:- Yes both scenarios are legal. However confusion will remain between them since they have not decided FIRST which surname to make final (maiden/husband's). SECOND once a surname made final (via seeking Marriage Registration Certificate) she should only use that (Marriage Registration Certificate) surname with affidavit as per evolving past - present instruments exchange as and when asked (like shares scenarios what she did is legal and same way in property selling stage what she did is also legal).
Reasoning taken while replying to Q4. are as follows; For Shares - I assume her Birth Certificate and Secondary School records exists stating her maiden surname whereas for Property sale I assume her address proof with husband surname exists. Hence, considering these assumption I say both dealings are to be legal. However, for future peace of mind follow A.4 (SECOND)
[Last reply]
Madhu Mittal
(Querist) 09 July 2015
Respected sir,
Here there is some difference of facts. In Q. 3 and Q 4. what I mean with both surnames means in one affidavit A khaitan (using maiden name) d/0 F kaitan on 01.06.2015 r/o here the address of father (for getting share certificate dematerialized of company ABC Ltd. as these share were got when unmarried and in the record of company, address of her father is written and still having bank a/c in the name of A khaitan with address of father) and
at another occasion is A Mittal (using surname of his husband) w/o H Mittal address of her husband i.e on 02.06.2015 for selling the property which was purchased after marriage in the name of A Mittal w/o H Mittal, address of her husband and having bank a/c in another bank in the name of A Mittal w/o H Mittal.
at third occasion in another affidavit A khaitan (using maiden name) d/0 Sh. F kaitan on 05.06.2015 r/o here the address of father (for getting share certificate dematerialized of company DEF Ltd(another company), as these share were got when unmarried and still having bank a/c in the name of A khaitan with address of father) and so on whenever she likes to use her maiden name and her married name without defrauding anyone.
The Income Tax Return is being duly filed in her maiden name (as PAN number is taken before marriage) with her father address, and all transactions where in maiden name or married name are duly being reflected in her Income Tax Return.
She got husband surname just as her name is written in ration card of her husband by deleting in that of fathers’ ration card. There is no marriage certificate and no official gazettte publication/notification.
Now please answer Q 3 and Q 4 whether this is legal. Whether her both names 1. A khaitan D/o F Khaitan 2. A Mittal w/o H Mittal are legal names. Means can she retain both names legally for using them according to her will i.e. use either of them at will?
