fuadkidwai 18 December 2022

Related to a name updation on a registered will

This query is related to a Registered Will.

An agricultural land is held in the name of Ms. Shaheen Firoze. She prepared a Registered Will under her maiden name of Ms. Shaheen Firoze.

As on date she is married and she changed her name to her married name of Mrs. Shaheen Husain. Her supporting documents like AADHAR and PAN are under her married name. The agricultural land is still in the name of her maiden name and so is the Registered Will.

The query was can she apply for a name updation/correction in the existing Will as Mrs. Shaheen Husain nee Firoze and let the land records continue to have her name as Ms. Shaheen Firoze

does she need to make a new will after getting her name corrected on the land records under her married name of Mrs. Shaheen Husain

she gets her name updated on the land records as her married name and on her Registered Will she just makes a name addition/correction as Mrs. Shaheen Husain nee Firoze.

Would all 3 options be acceptable in the court of law

Thank you

Regards

Fuad Kidwai

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Quick Summary

This discussion concerns a registered will made under a maiden name when the testator is now married and uses her married name. Her official documents reflect her married name, but the land records and the will still use her maiden name. The query explores options for updating the will and land records to avoid future complications, including executing a new will, amending the existing one, or updating land records and adding a name correction to the will. The advice given suggests executing a new will in the married name and providing a notary affidavit to confirm the name change.

2 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 18 December 2022

Hello,

It is better that she execute the new 'will' in the new name to avoid the future complications. The stamp duty and registration charges are minimum for 'will' registration.

kavksatyanarayana (subregistrar/supdt.(retired)) 18 December 2022

Her marriage is registered or not? She shall give a notary affidavit stating that her name before marriage is Shaheen Firoze and after marriage is Shaheen Husain.