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Property transfer not allowed due to name mismatch

(Querist) 09 April 2018 This query is : Resolved 
Hi,
My father has expired in 2008 and now we want to transfer property in name of mother. But the name in property papers have mistake in name that does not match exactly to my father's death certificate. Name of father in property is Rujat Saxina and name in death certificate is Rajat Saxena. The correct name is in Death certificate. Due to this name mismatch the concerned department is not proceeding name transfer and has said that this property can not be transferred due to name mismatch. How should I proceed now?
Sudhir Kumar, Advocate (Expert) 09 April 2018
why you got a wrong death certificate?
Anil Kulkarni (Expert) 09 April 2018
Dear Sudhir, the name in the DC is correct and wrong on the property records. It is likely that the querist may not be aware of the wrong name on the property records. As he was aware of the correct name of his father, he gave correct information to the municipal authority who in turn have given him the certificate in correct name of father. I think he will have to make application to the Registrar for making necessary amends in the records to correct he name of father with necessary documentary proof. Once this amendment (Pherfar in vernacular language) is done, he can get the property transferred in the name of his mother by complying other requirements and necessary probate.
Sanjay (Querist) 09 April 2018
Yes, Anil bhai you are correct. What to do if Registrar refuse to accept such application of amendment?
Dr J C Vashista (Expert) 10 April 2018
He had expired in 2008 and now it is 2018, what action did you take to get the property transferred in the name of your mother? If not, what is the necessity at this stage?
Name of your deceased father can be changed by filing a suit for declaration through a local lawyer.


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