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Reshil   16 November 2017

Property transfer to wife

I am Hindu female residant of gujarat. Recently my husband had passed away and now I want to transfer property to my name. My PAN, Aadhar, voter ID, bank accounts etc have maiden name. After marriage I continue to mention maiden name all the official docs. Even my husband 'a passport was updated for spouse name with my maiden name. Now when went to local advocates to initiate procedure for property transfer then they said that my name will be changed automatically in property docs which will contains husband's name and surname. My maiden name is not acceptable for property transfer through inheritance as per the regulations. I told them I will provide appropriate affidavit along with marriage certificate to retain my maiden name in transferred property. But they denied for this and told that woman must have to change her name after marriage otherwise you can't prove yourself self as heir for property. This legal requirement as per them and insisted me to update name in my all doc with husband's name. As per my knowledge there is no legal requirement for change in name after marriage but if there is such requirements in property law then I am not aware of that. I request you to please guide to solve this issue and please confirm if really such law does exist.


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 2 Replies

Vijay Raj Mahajan (Advocate)     16 November 2017

Those local advocates are cheats looking for making extra money out from you. Whatever you state here is correct legal position. There is no law that after marriage wife is bound to use her husband's surname, she can continue using her maiden name. Marriage certificate is good enough proof of marriage to the deceased man along with all those documents you got with your maiden name. Check directly with Municipal authorities for mutation of name in their records with all your documents including his death certificate, legal heir certificate etc.

Reshil   17 November 2017

Many thanks for guiding me. Plz do one favor to explain term " mutation of name "

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