Civil law

Querist : Anonymous (Querist) 03 July 2021 This query is : Resolved
hi sir recently i have inform that my grand father(nana) have left some legacy for me .but when i read the legacy paper he used my second name that he used for called in house . can it create a problem for me ?? how i can solve this problem please perusal on this problem

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A person has encountered a potential issue with a grandfather's will where their 'pet name' was used instead of their legal name. Legal experts suggest this could cause problems when enforcing the will. To resolve this, it's advised to consult a local lawyer, prepare a notarised affidavit confirming both names belong to the same person, and potentially publish a notice in local newspapers. While the testator's intention is key, proving identity and addressing the name discrepancy proactively is recommended.

SHIRISH PAWAR, 7738990900 (Expert) 03 July 2021
Hello,

If the will is not your name then it will not survive against the objections of opposite parties. Show will to local advocate and consult with him.

kavksatyanarayana (Expert) 03 July 2021
Whether your grandfather (nana) is alive or not mentioned. I opine that if he is no more, you have to prove that you are the beneficiary of the will. You have to a notarised Affidavit stating that your actual name and pet name(called in the house) belong to you and if necessary get to be published in Gazette. Hence consult a local lawyer.

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T. Kalaiselvan, Advocate (Expert) 04 July 2021
The name mismatch may create problems to enforce the Will.
You may adopt the steps or legal procedures for name change at once in order to avoid multiplicity of procedures at a later stage.
You can prepare an affidavit duly notarized stating that you are known by both the names and both the names denote one and the same person.
You may get a public notice published in two local newspapers to this effect, keep the copies of the documents along with the Will to solve the problems that may arise in future due to this name mismatch.

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Advocate Bhartesh goyal (Expert) 04 July 2021
Well advised by experts Kavksatyanarayana and T. Kalaiselvan .I agree with them.

P. Venu (Expert) 04 July 2021
To my knowledge, in a Will, what matters is the intention of the testator. As such, it is no consequence that your grandfather, in his Will, mentioned your pet as he used to address you. Is there any other grandson of the very same pet name or real name?

Dr J C Vashista (Expert) 04 July 2021
Although experts have advised / obliged on basis of presumptions which I agree and may suit you, however, it is better to consult a local prudent lawyer for proper appreciation of facts / documents and professional advise.

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