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UJAS DHARAMSHI (Corporate Lawyer)     28 February 2010

Will Affidavit suffice for mistaken change of name

Hello Friends,

I want to enquire whether an affidavit is sufficient for mistaken change of name. Actually the person has his name suppose "A" in his birth certificate (BC) as well as School Leaving Certificate (LC) (both BC & LC documents now being lost/non traceable) in his village. However he is called "B' lovingly in his village and parents. He is more known as "B" than "A". An LIC agent in village makes him open an LIC policy in name "A" with his consent in 2004 according to just Leaving certificate. His name in LIC policy is "A". He then comes to Mumbai and he has recorded his name as "B" in all documents like PAN Card, Voter Card, Ration Card, Bank A/c etc. Note his Surname is same, just his name has changed from "A" to "B" in all documents in Mumbai. So last year he received a cheque from LIC in name of "A" which he deposited in an account with name "A" which he has also opened. However now he knows that his future claim by his wife may be lost due to mistaken change of name in LIC policy. In Mumbai he is validly known as "B" as per documents.

So can an affidavit for making his name to be recorded as B in LIC instead of "A" solve his problem stating that his name was mistakenly entered in LIC and now that in Mumbai his name is "B" as he has all valid documents or he has to go to change of name procedure to name "B"? Because then his wife may not receive the claim

 

So does he require to go for change of name procedure from A to B or an affidavit will do considering the above mentioned documents. Also how much may it cost for change of name? What is better option?

Kindly suggest. 



Learning

 3 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     28 February 2010

Your quarry has duly been resolved in expert section.

1 Like

mahesh verma (service)     28 February 2010

yes, you can submit an affidavit in the bank to open an account with the bank verified by notary of the court and put the line as that " my name is "A" but "B" is aslo my name and I guarantee that any person claim the amount of this chque or amount is claimed from the bank in future I will indemify the bank. The notary will with his seal and signature your photo , signature with address of present residence. You may also submit the document in which name your name mentioned as " A " for support of their claim with notified document.

this is the better solution of your present problem

( mahesh verma )

1 Like

UJAS DHARAMSHI (Corporate Lawyer)     01 March 2010

Thank you Mr. Raj for you kind advise as always. Thank you :-)


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