Change of name in death certificate
Karim
(Querist) 24 February 2016
This query is : Resolved
Dear Experts,
My father's younger brother passedaway in 2001 and his wife changed the name in the death certificate in 2002 to claim Insurance/Bank amount which was registered in his new name. Now my aunt has discovered that there is certain amount of property in my uncle's previous name and she is trying to transfer the land in her name.
On notice of this, we had placed a stay order and challenged the same in Tahsildar court. Is there any way or law in which she can claim the said property as she as changed her husband's name completely in the death certificate. The new name is as per the current records in Muncipal Corporation office.
Please advice.
Regards
Karim
ROHIT SHARMA
(Expert) 24 February 2016
1. If the change in the name in the death certificate has been done lawfully and legally then your aunt can have your deceased uncle's property on her name. The change of name must have been done by her husband when alive and notified through official Gazette notification. If no gazette information has been published for such change in name then your challenging her to get claim on other property will hold good.
Karim
(Querist) 24 February 2016
My uncle was deported from gulf. To travel again, he had new passport with new identity. The change of name in death certificate was done illegally by bribing the officer. Now she feel all the legal options are exhausted and hence trying to influence everyone with goons. In what ways can we sue her and make sure she doesnt come to the property site legally.
Rajendra K Goyal
(Expert) 25 February 2016
All the documents need to be referred, consult local lawyer.
P. Venu
(Expert) 07 May 2016
Whatever the development, it has no relevance to her rights in her late husband's property.
