My father surname issue

rdana (Querist) 22 May 2020 This query is : Resolved
Hello Sir,
I have a typical problem. please help me with this.

My father during his childhood, he used to always stay at his mom's (Nani's) maternal house to find some livelihood as it is town and he was not well educated. Please assume his moms maternal family surname is X and his fathers paternal family surname is Y. He used to stay very rarely with with his father. Gradually, he had become like a adopted child at his moms maternal house and his surname was slowly started changing to X.

He got job with surname X as well. Later we the children inherited the same X as our surname too.
While my father was doing job he bought a house , but he made a mistake here, by registering the house with surname of Y (his father's parental surname) . But no objection was made as this property registration was done in 1976-78, I suppose that ID proofs of the property buyer was not mandatory at that time..

Time passed by and my father died in 2002. In the Death certificate of my father, the surname was X.
Now I wanted to make my mother as Legal heir of that property.
But as the Sale deed of the property is on Y surname, there was mismatch with our Surname X.

Please let me know, can I get that sale deed corrected with Surname X now.
Or any other alternative to get my mother's Legal heir completed.

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Guest (Expert) 22 May 2020
Instead of depending on advises based on assumptions meet the Registrar of the concerned Registrar Office and discuss this issue in detail when he is comfortable. Basing on his requirements some times he would say Affidavits would suffice Or if he says Consent of Court is required Discuss with an Local Good Advocate. Mostly there will not be an requirement to go to Court. Discuss in detail with the concerned Registrar.

kavksatyanarayana (Expert) 22 May 2020
You have to prove that your father X....... who was called as X........ though his surname is Y. So you have to prove that there are no two persons but the person with surname Y is called as with the surname of X. It requires a notarized affidavit (affidavit shall be executed by all the legal heirs of your father) and it should be published in the largest circulated daily newspaper of your area regarding the surname of your father. Then the Registering Authority may satisfy with the affidavit and publication in the newspaper. And the buyer also shall satisfy with your affidavit and paper cutting.

Dr J C Vashista (Expert) 23 May 2020
How do you propose to deny that your mother is not one of the LRs of your father? By virtue of married with your father she is natural one of the LRs of your father.
Surname mentioned in sale deed should not create any obstruction / hurdle / objection in disposal of property acquired by deceased. However, if there is some objection a notarised affidavit stating the facts qua surname used may be submitted to concerned Registrar for neceassry correction in documents.

Rajendra K Goyal (Expert) 23 May 2020
Who is in possession of the property at present?

Whether names of LRs have been entered in the property documents?

Whether mutation has been sanctioned in the name of legal heirs after demise of father?

Rajendra K Goyal (Expert) 23 May 2020
Though the mistake may not result to any problem, however, the legal heirs can execute an affidavit that person having surnames X and Y (as shown in the sale deed) are one and same. The person used both surnames during his lifetime. Same may be published in newspapers and official gazette.

Otherwise can file case in the court that the land (having surname as Y) belonged to person having surname X and the legal heirs have right to inherit the property..

Raj Kumar Makkad (Expert) 23 May 2020
Your query is based upon presumption as no such situation has yet arisen. You have not faced any problem as up to this day due to the posted issue.

Rajendra K Goyal (Expert) 23 May 2020
Correction of sale deed at this stage can be through rectification deed, which seems difficult at this stage. Purchaser has expired, deed is old.

Discuss with local lawyer and contact the seller if he is alive and is ready to cooperate.

P. Venu (Expert) 24 May 2020
The query is based on misconceptions. First of all, what is your right or authority to "make my mother as legal heir ......"? Please note that with the death of the father, the property is jointly vested with all the legal heirs, that is the mother and all the children and there is a due process to be followed if the mother is to be the sole owner of the property. And in the due process, the mismatch in name or surname is of no consequence. Facts posted suggest that you have so far taken no steps in the matter and when you take the steps, the real constraints could be something different.

Raj Kumar Makkad (Expert) 24 May 2020
I also strongly stand with the observation of expert P. Venu.

Asgher Mahdi (Expert) 26 May 2020
On probales and presumption the forum may not able to focus and resolve the matter.

K Rajasekharan (Expert) 26 May 2020
The only problem here is that the deceased property holder has one surname in his title deed and another surname in some other certificates like death certificate.

When the person died the ownership of his property devolved on his legal heirs on the date of his death.

The new owners can keep the property as such or get it divided by creating a deed among themselves.

If both surnames actually belongs to the same deceased person the fact can be checked by the revenue officer and allow mutation of property without hassles.

In my state Kerala, there has been a practice of issuing a certificate called 'one and the same certificate's to declare that a person holding two different names is one and the same person.

The best way for him is to approach the proper authority in his state to get the ownership transferred to the new title holders of the property of the deceased.

In case there is troubles he can approach the District Legal Authority with a pre litigation petition and get the matter settled in a routine adalat as well.

Raj Kumar Makkad (Expert) 27 May 2020
Mutation has rightly to be got entered post the death of the owner of the property as per his succession.

Rajendra K Goyal (Expert) 27 May 2020
Have you tried to get the property mutated in the name of legal heirs? If yes, what problem faced?

Reply would depend on the exact problem faced.