cpc

Using short name on property purchase insted of full name

This query is : Resolved 
 


Querist : Anonymous (Querist)
15 May 2020

Sir, I had bought a flat in 1997 with my name as B.K Tiwari. However in documents such as PAN/AADHAAR etc my name is Basant Kumar Tiwari. Is it legally valid and if not what is the remedy?


Rajendra K Goyal (Expert)
15 May 2020

There should not be any problem due to mentioning of full or short name.

However, in case of need, you can swear an affidavit that both are same person.

Advertisement can be inserted in two Newspapers and State gazette.

N.J.S.Rajkumar alias narasimha (Expert)
15 May 2020

Precisely advised already above by the Learned Advocate and discuss in detail with a local good civil side Senior Advocate and proceed

KISHAN DUTT RETD JUDGE (Expert)
15 May 2020

It is better to go for rectification deed.

Raj Kumar Makkad (Expert)
15 May 2020

There is no effect of the change in the name you told in the documents and the registered sale-deed. You need not to worry.

kavksatyanarayana (Expert)
15 May 2020

There is no Aadhaar Card system in the year 1997. However Pan Card, voter card, your father's name, address, etc. are correctly drafted in the document, then there is no problem with a short name. otherwise, go to rectification deed.

P. Venu (Expert)
16 May 2020

Yes, there need not be any problem at all; certainly, the document is legally valid.

Rajendra K Goyal (Expert)
16 May 2020

For rectification deed consent of all parties is required, if the seller agree, rectification deed can be executed and registered.

This is minor change / error, may not be problematic in future.


In case the seller is not ready / available after such a long time, and want to observe extra precautions, may proceed for affidavit, newspaper advertisements, gazette notifications.


Querist : Anonymous (Querist)
16 May 2020

Sir the seller is not alive..
Although my photo on registered sale deed is there and it is in joint name with my wife.

N.J.S.Rajkumar alias narasimha (Expert)
16 May 2020

The Parties of the executed documents should be present at the Registrar Office at the time of executing the Rectification Deed related to the correction of names. If the seller in your case is not available you should file a Suit before the Concerned Court under the Section 26 of Specific Relief Act. The Law provides the relief to the parties in the case the real issue of the Party is only the name correction and not related to the property reflected in documents executed because of bonafide mistake of fact . The aggrieved party may institute a Suit to have the Deed rectified and the Court would order the Recification Deed filed by you to be accepted by the Concerned Registrar

N.J.S.Rajkumar alias narasimha (Expert)
16 May 2020

In the Case you prefer to issue to be simplified you could execute a Release Deed or Settlement Deed in favor of your wife the Co Owner of the property in the same format the name mentioned in the documents and she would become the absolute owner. This is only an option suggested

N.J.S.Rajkumar alias narasimha (Expert)
16 May 2020

News Paper Publications and Gazette Notifications is no way connected to this type of issue. Only the Legal Solution would be executing the Rectification Deed at concerned Registrar Office..

N.J.S.Rajkumar alias narasimha (Expert)
16 May 2020

Many would suggest you there could be no issues but certainly the issues would arise in Long Run/

N.J.S.Rajkumar alias narasimha (Expert)
16 May 2020

Better to Rectify at the earliest than suffering in the long run and Discuss with a Local Good Civil Side Senior Advocate at the earliest. and proceed.

Raj Kumar Makkad (Expert)
16 May 2020

As ADHAR Card scheme was introduced many years after your sale-deed wherein your joint photograph with your wife, your father and grandfather name do exist, is a valid document not required to be disturbed to be brought in accordance with the ADHAAR Card especially when the seller has also died.

If this process gets started then almost all registered sale-deeds of India executed prior to ADHAAR scheme shall have to be disturbed. Be happy-be safe.

P. Venu (Expert)
16 May 2020

Yes, this is a case of much ado about nothing. Moreover, the very purpose of law and its procedure is to confer certainty to settled affairs and not unsettle settled affairs by pushing the citizens into the labyrinths of the inconsequential details. The very purpose of this public platform, to my understanding, is to assist the hapless citizens who are pushed into or are trapped in such quagmires.

N.J.S.Rajkumar alias narasimha (Expert)
17 May 2020

An Rectification Deed is mandatory even for the correction in names..

N.J.S.Rajkumar alias narasimha (Expert)
17 May 2020

There are many Aadhar Cards that had even come for Corrections

N.J.S.Rajkumar alias narasimha (Expert)
17 May 2020

It is only an legal guidance provided by my self and it is up to the Querist to do any thing of his choice. The Reply posted by my self is not only to this Querist even to others with similar issue.

N.J.S.Rajkumar alias narasimha (Expert)
17 May 2020

Some great person advising here the purpose Now the Government Offices are very Strict and almost all departments including the Registrar Offices are On Line and the Retired Government Persons might not be aware of this online and they would suggest " Just ignore It " and finally your documents it self would be ignored .. My self do not prefer to involve with great people until they prefer it. " I usually give more chances than they deserved, but once I'm done , I'm done "..

N.J.S.Rajkumar alias narasimha (Expert)
17 May 2020

For any correction in the Names in the Registered Document Legally the Rectification Deed should be Executed in the concerned Registrar Office if required depending on the situation like in your case the non availability of the Seller.. Under Section 26 of the Specific Relief Act the Court Order for the Correction would be mandatory.

Dr J C Vashista (Expert)
17 May 2020

There is no problem in abbreviated name, till you do not want to dispose and you are in possession. Even at the time of disposal there shall not be any problem qua short name.
However, if you are keen to make the title in your "full" name you may get a rectification deed registered through a local lawyer, as advised by experts.


Querist : Anonymous (Querist)
17 May 2020

Thanks to all experts for your valuable replies.Although there are some contradictory stands yet the majority of you agree to a common stand.
Thanks again for your valuable effort and time.

N.J.S.Rajkumar alias narasimha (Expert)
17 May 2020

Querist / Author of the Query please ignore the following Posts of my self --

N.J.S.Rajkumar alias narasimha (Expert)
17 May 2020

Mr.J.C.Vashista you had stated -- " Even at the time of disposal there shall not be any problem Qua short name "-- Could you please Legally Justify that. please.

N.J.S.Rajkumar alias narasimha (Expert)
17 May 2020

Mr >J.C.Vashista -- You had also said in your Profile that youi had obtained many degrees like Pn D B.Com L.LB etc during your Service in Army. Physical Presence is very much mandatory for a Law Degree. How you had managed it while in Army Service. Please do Explain the same obviously if it was by an Legally accepted method it would be helpful to others also in Army Please.

Raj Kumar Makkad (Expert)
17 May 2020

You are always welcome Mr. Author as and when required.

Rajendra K Goyal (Expert)
18 May 2020

If you find contradiction in replies in this thread, it is natural. it would be better to consult local lawyer.

You have the option:

Let the position remain as such, may not be any difficulty.

Seller is not available, rectification deed not possible.

To be on safer side, may execute affidavit that both are same person, followed by news paper advert. And gazette notification.

Rajendra K Goyal (Expert)
19 May 2020

While selling the property, there are chances that the affidavit etc. may not be required, but can be used in case necessity felt. These are for extra precautionary measure.


Querist : Anonymous (Querist)
19 May 2020

Rajendra sir,
Recently i found that in my voter id card made in 90s its my short name. But in aadhaar and pan its full name.
I think in 1997 when property was purchased may be voter id was used for name.
I think now there shd not.be ny issues?

Rajendra K Goyal (Expert)
19 May 2020

As advised above, short name would not result any trouble, you may proceed for the second option in case you want extra precaution.

Raj Kumar Makkad (Expert)
19 May 2020

You have no issue as you are also possessing the documents which bear your short name.



Guest (Expert)
19 May 2020

Could you get any guidance or advice worth of any value from 14 posts made by only a single fellow?

Although he tried to create controversies and a lot of confusions for you,as against the views of all other experts, but you may rest assured that your title deed cannot be treated as illegal. Only some simple steps may be needed to be taken at the time of disposal of the property, as and when required, without going in to the nitty gritty of observing long process of trial in the court of law.



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