Surname mismatch in sale deed of inherited property
deepakm
(Querist) 28 April 2015
This query is : Resolved
we are living in a house which is in the name of my grandfather. He expired two years back. He registered his last will of this property in favour of my father in sub-registrar's office. The sale deed is in name of my grandfather. But there is a mismatch in the surname of my grandfather and my father. My grandfather's surname was "Maindiratta" and my father used to write his surname as "Mehdiratta".
My father is the only child of my grandparents.
Will this surname mismatch could create any issue in transferring the property in the name of my father?
Dr J C Vashista
(Expert) 28 April 2015
There is hardly any issue involved, however, if your father wants to get it rectified/corrected he has to file a declaratory suit since your grandfather has already expired which could have been done by getting a rectification deed registered during his lifetime.
P. Venu
(Expert) 28 April 2015
The Registrar or the Registration of documents has no concern with the name or surname of the individuals.
Rajendra K Goyal
(Expert) 28 April 2015
Your father should proceed to get the property transferred. It is minor mistake which can be avoided.
malipeddi jaggarao
(Expert) 28 April 2015
Since your grand father expired, there is no scope for rectification except the option of filing a declaration suit by your father requesting the court that there was an error in the document and he is only son to his father and the correct surname should be.... This is cumbersome process, takes lot of time as it is civil litigation. Coming to the practicality, as experts above advised already, there is hardly any difficulty because of this small error. Basing on the registered Will your father can apply to the Panchayat/Municipality for getting the property transfeered in his name by submitting the death certificate, copy of registered will and the mother document (link document if any). If they raise any objection, your father can execute an affidavit duly notiarized affirming that he is the son of the testator (grand father who wrote the will) and there was an error in the surname. Likewise if your father wishes to sell the property, he can give a sworn affidavit duly notiarized indemnifying the buyer from any loss that would occur due to this error.
Biswanath Roy
(Expert) 01 May 2015
Your father has to swear a declaratory Affidavit before a 1st. class Judicial Magistrate declaring that your late grand father executed a will in favour of the deponent and due to inadvertence committed a typographical error in writing the surname of the deponent as "Maindiratta" instead of "Mehdiratta" which is the actual surname.
After swearing this affidavit your father has to give public notifications in two different local News Papers stating that Mr. X Mehdiratta and Mr. X Maindiratta are the same,one,and identical person.
T. Kalaiselvan, Advocate
(Expert) 03 May 2015
The correct procedure to be followed in this regard has been very properly explained by our senior learned counsel respected Roy Sir, hope this convinces the author. In fact the type error is negligible and may not attract a sore eye, so try to go ahead without observing any formality, in the event of being pointed out, the steps suggested may be followed.
deepakm
(Querist) 11 May 2015
Dear Sirs, thank you very much for your kind reply. One another thing which I observed closely is my Grandfather's surname was maindiratta. His will is in gujarati language. In the will the surname of both grandfather and father is mentioned as Mahendiratta Which is again different from Maindiratta and Mehdiratta.
So there is also a mismatch in the name of owner of property(X Maindiratta) and the person who left the will(X Mahendiratta).
So there is surname mismatch of my father and grandfather. And also there is surname mismatch of my grandfather in sale deed and his last will.
Requesting you to kindly guide in this regard.
Biswanath Roy
(Expert) 11 May 2015
What is the surname of your grand father appearing in the Sale Deed?
deepakm
(Querist) 11 May 2015
Dear Sir, surname of my grandfather in sale deed is Maindiratta. And surname of my grandfather in his will is Mahendiratta.
deepakm
(Querist) 11 May 2015
Dear Sir, surname of my grandfather in sale deed is Maindiratta. And surname of my grandfather in his will is Mahendiratta.
Biswanath Roy
(Expert) 11 May 2015
Let your father write in the proposed Affidavit (as I advised earlier) like this,- "I................Maindiratta son of Late.........................Maindiratta alias Mahendiratta" etc.etc.
