Fathers name changed
ANAND JAIN
(Querist) 20 December 2016
This query is : Resolved
My wife had a son from her earlier marriage.
Rt. now he is 15 yrs old.
He is staying with us. In his school documents he has his biological fathers name but now wen he applied for aadhar card he has mentioned my name. Wt complications it can lead to ? I am not interested in adopting him legally. He can stay with me as long as he wishes.
Guest
(Expert) 20 December 2016
Biological Father's Name can not be changed even by adoption.It is not correct to obtain aadhar card like that better Rectify it before any issues could arise.
Rajendra K Goyal
(Expert) 20 December 2016
Biological Father's name can not be changed.
He should proceed to get the error rectified.
ANAND JAIN
(Querist) 20 December 2016
My in laws on which my wife acts r hell bent to change the name, remove his biological fathers name and insert my name. Wt cld be the possible motive behind this ?I am not in talking terms with them.
Guest
(Expert) 20 December 2016
No Predictions of Motive could be made here.Only legal guidance could be provided.
Rajendra K Goyal
(Expert) 21 December 2016
May put the boy in trouble while applying for job and while using other services in which id proofs are required.
It is clear, he may not claim your property but using your name as father, may put claim in dispute on the property of biological father in case such situation comes.
No moto behind their (your in-laws) advice can be predicted.
Guest
(Expert) 21 December 2016
" I am not interested in adopting him Legally" It shows what Love and affection he would have got from you because of his parents separation.
Guest
(Expert) 21 December 2016
The Innocent Child had applied for Aadhar Card ignorantly with out understanding You.God only should Protect him.
ANAND JAIN
(Querist) 21 December 2016
Thanks a lot to lawyersclubindia and experts for their guidance. On a passing note, the child didn't apply ignorantly, it was done in collusion with my wife and her parents advice. Two yrs back also they created lots of problems in my life.
Guest
(Expert) 21 December 2016
Welcome Please
ANAND JAIN
(Querist) 26 December 2016
Now they are saying tht they will go to his school and get his fathers name changed. Is this possible ? In such a situation wt action can I take ?
My wife's brother is playing all this games. In short they want to remove his biological fathers name and insert my name.
Guest
(Expert) 26 December 2016
They may be eyeing towards your property. But, rest assured, he cannot get your property legally.
if you don't want to adopt him, he cannot adopt you as father. His biological father's name cannot be changed.
ANAND JAIN
(Querist) 26 December 2016
Schools here r rather careless. While filling forms they ask simply fathers name without verifying the fact. The child jst says my name and tht's it. Is there anything I can do if such a situation arises. As soon as his aadhar card is ready, they will either change the school or wld apply to the district education officer.
Rajendra K Goyal
(Expert) 26 December 2016
You can take attested copy from school record.
School may not agree to change.
Change of record without sufficient grounds, without following due procedure may amount to criminal act.
Guest
(Expert) 26 December 2016
Mr. Anand Jain,
It is quite surprising, if you are feeling helpless merely because "the child jst says my name."
Your presumption is also quite surprising, when you state, "As soon as his aadhar card is ready, they will either change the school or wld apply to the district education officer."
Both the statements, creates a doubt as if your problem is fictitious or you are hiding some facts.
Question arises, Can't you tell the school authorities that you are not the father of the boy?
Also, can't o file an FIR against the school, as well as the signatory of the admission form for wrong info, if they have shown your name in place of father's name?
ANAND JAIN
(Querist) 28 December 2016
Thanks a lot for ur valuable guidance sir. Let me clarify tht some two yrs back also they pressurised me and even went to the police and filed a complaint against me and my mother who is 80 yrs old. Police didn't find any merit in their complaint because I am disabled and can't walk without support.
Then they told me tht they will get the child aborted( at tht time my wife was preganant).
My mothers condition was jst helpless. This time I want to play safe and thwart any plan of theirs.
Rajendra K Goyal
(Expert) 28 December 2016
You keep proofs of his biological father.
Their act can be challenged effectively.
Guest
(Expert) 29 December 2016
Ask the school authorities to change the name of father and show correct name of biological father. If they don't agree, just file an FIR against the school, as well as the signatory of the admission form for cheating, fraud and falsification of records.
Guest
(Expert) 29 December 2016
Dear Mr.P.S.Dhingra Sorry to interrupt in this issue Schools are Not to be blamed.It is based on the Information filed earlier the school had mentioned the Father's Name.Now when they want to Correct/change the Names the Legal Procedures to be Followed like filing the Affidavits /obtaining the Court Permission etc.Just like that they can not Change the Names in Records.No FIR could be filed against the school and from student's side only they had given False/wrong information to School
Guest
(Expert) 29 December 2016
Dear Shri NJS Rajkumar,
I have nowhere stated that the school can be blamed.
Probably, you have ignored the very first sentence of my post, in which I have very clearly stated, "Ask the school authorities to change the name of father and show correct name of biological father."
Also, I have stated in the second sentence, "IF THEY DON'T AGREE" only then to file FIR. Naturally, if they don't agree they can also be blamed and considered to be guilty of retaining the wrong name in spite of pointing out of the mistake to them.
So, the blame can lie only if they fail to act even on pointing out a fraudulent move on the part of the person, who showed his name as the father of the boy. No law prohibits the school authorities from correcting the mistake on their records, when this is a type of a blunder mistake.
Also, please intimate, if the correction in school record can be made without involving the school authorities?
My suggestion hints towards both the executive as well as legal way to sort out the problem. Only courts are not the the medium to do a thing in right perspective that in one and all types of problems a common man should adopt wasteful time consuming and expensive ways in getting orders of the court of law and then again run after some other authority for getting the order executed.
ANAND JAIN
(Querist) 29 December 2016
Many thanks to all the experts who give reply to questions and queries posted by persons like me who don't hv much legal knowledge. I now know the action to be taken whenever such situation comes.
Once again thnks a lot.
Guest
(Expert) 29 December 2016
You are welcome.
