Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Ayub Nayan (Law student)     02 July 2022

Wrong name in registered will

My grandfather declared his registered will in 2006 directly to his 2 grandchildren including me and died shortly after. But my name in the will is wrong. My father's name in the will is correct and I am the only son of my father. How to correct or get my official name in the will?



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 10 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     02 July 2022

It is not possible as the executor was died.

Ayub Nayan (Law student)     03 July 2022

So what are the options to sell it? Can anything be done about it? Or do i need to change my name to the name mentioned in the will?

P. Venu (Advocate)     03 July 2022

Are you being denied legacy because of this alleged error in name?

Ayub Nayan (Law student)     03 July 2022

Actually for selling it, i will have to register my name in revenue record. And that happens through the will which has my wrong name. So the wrong name will be registered in revenue record also. Since correcting name is not possible in the will due to death of the executor, I wanted some middle path so that I can atleast correct my name in revenue record so that I can sell the property. 

KUNAL   12 July 2022

If your name is spelt wrongly in Will (which I find hard to believe) it's a misnomer & you can get it corrected in Will by showing your birth certificate proving you are intended legatee. So what you can do along with all other beneficiaries is to file a suit for declaration u/S. 34 Specific Relief Act.

To correct name on revenue records,
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P. Venu (Advocate)     12 July 2022

Are you in possession/occupation of the property?  

Ayub Nayan (Law student)     12 July 2022

Yes i have the possession of the property. My aim is to sell my portion of the property but it has the wrong name of me. But my father's name is correct. So atleast if i can get permission to sell it or transfer property to my father since his name is correct. 

P. Venu (Advocate)     12 July 2022

Admittedly, the legacy is in dispute. You may take steps to get the property mutated in the correct name. 

Ayub Nayan (Law student)     12 July 2022

Thanks for the reply. Just one query is what if the other beneficiaries are not cooperating in filing the suit jointly. Can i file it independently and let court call other beneficiaries?

P. Venu (Advocate)     12 July 2022

What is the context for filing suit? Please do not play hide and seek with facts.


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