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Randhir (na)     22 February 2010

Last name of child in birth certificate

Hi,

I was recently blessed with a daughter and need to get her name registered and get the Birth Certificate from the local Municipal Ward Office.

My question :

1) Is it necessary (by Indian law) for my child to bear the same last name as mine?  My family name (or 'caste' name) is present in my father's name; but is not there in my name. My last name is actually my father's first name (as it happens in south india). In such a case, can I keep my family name ('caste' name) as my daughter's last name ?

2) If possible, will this cause any other problems in her future, as her last name will be different than that of mine.

thanks,
Randhir



Learning

 5 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     23 February 2010

It is not mandatory to keep the same names or tradition but can be changed at your own sweet will and it shall not create any legal problem for you in future.

 

Contratulations on the even of blessing of a girl goesss in your house.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     23 February 2010

It is not mandatory to keep the same names or tradition but can be changed at your own sweet will and it shall not create any legal problem for you in future.

 

Contratulations on the even of blessing of a girl goesss in your house.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     13 March 2010

you are free to move on the matter.


(Guest)

Sir(s),
It is mandatory as per Hindu Minority and Guardianship Act S. 3 sub section1 and 3  to retain natural guardian's religion / caste by the child till attaining majority age.
Ref.:
1. Rajkumar Gupta Vs Barbara Gupta AIR 1989 Kolkatta 165  
2. Commissioner of Wealth Tax Vs. R Sridharan 1976 (4) SCC 489
3. Helen Skinner Vs. Sophie Evelina Orde (1871) 14 Moo Ind. 309 at p. 323
4. CM(M) No. 752/2000 25.09.2008 Ram Murti Chopra and Anr. Vs. Nagesh Tyagi D HC (Mr. Justice Dhingra)
Rgds.

Suryanarayana Tangirala (Advocate)     31 March 2010

Choose the name at u r will no problem its not mandatory to have u r last name


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