A person is free to change his name as and when he likes as many times as he wants.
So making affidavit several times keeping in tune with change of name is lawful.
However there must be limited to bare minimum to avoid confusion.
Can someone make name correction/declaring affidavit twice?
My mother’s name has been misspelt in few documents so I am planning to make an affidavit with declaration from her and publish in newspapers and gazette. For that we have already made an affidavit with declaration from her and published in newspapers, gazette etc. However we just discovered that there are 3-4 more documents (mainly land deeds which are quite old) where her name is misspelt and those are not included in that affidavit, so can we make another affidavit and publish in newspapers, gazette?
Asked 4 years ago in Civil Law
29 Answers
You can make another affidavit mentioning the documents where her name is mis spelt
You need to just state in affidavit that the correct name is so and so no need to mention in each and every document in affidavit.
- If that affidavit/publish in news papers/gazette is exclusively for a limited documents , i.e. you have mentioned that this affidavit etc are for the correction of so named documents , then you will have to repeat the same procedure for other remaining documents correction.
- Otherwise, if not for limited documents , then no need to repeat the same , and the same can be used for correcting her name in the remaining documents as well.
1. The change of name due to error shall have to be executed before a first class judicial magistrate wherein you won't have to mention the documents where you are required to make the said change of name.
2. If she has two or three names mentioned in various documents, execute the said Affidavit mentioning those names and the name your mother wants to mention in all her documents.
3. After the said affidavit is affirmed, send copy of the same to the appropriate authorities to make the change of names in the concerned documents.
4. After affirming the affidavit, it shall have to be published to the gazette and two Newspapers, one in vernacular.
1. See for correct name if already notification and newspaper publication is done you are not required to make separate affidavit for these documents as the name is corrected in previous notification.
Yes, you can do that but the earlier one can also be used though it is not specifically name the documents where the name is misspelt. If the earlier one clearly mentions the name that is misspelt and is corrected by that affidavit , there is no need to make another one.
Hope this helps.
If you have any other queries please feel free to get in touch with me.
Thanks and regards
Yes another affidavit can be prepared
No need to publish in the news paper . Apply one and same certificate from SDO office.
This first affidavit is just two month old.So there is going to be two months gap between these two affidavit.Hope this such a small gap of two months is not a problem.
Asked 4 years ago
Yups, this is not a problem
- Yes you can use the same for correcting the names .
It should not be a problem
No it's not a issue
Yes, you can make a new affidavit. There is no legal bar to do so.
No. The gap won't be a problem.
Best wishes.
No not at all.
Please make affidavit and stat correct spelling publish it in official Gazette of Government of West Bengal.
1. See you may make an affidavit for those documents , though since name is already correct vide official gazettee no separate affidavit for documents is required.
1. The publication of declaration in newspapers will not result in removing the anomaly.
2. If the name has been missspelt then remedy is to apply for rectification on the basis of other documentary evidence which can prove the correct name of your mother.
3. The name cannot be corrected in sale deeds except through a rectification deed, which requires the seller to also come on board.
1. Unless the statements mentioned in the Affidavit are facts, there will be no legal problem in executing a fresh affidavit with in a gap of two months.
2. Draft the affidavit very carefully this time.
You can make the procedure again and align your mother's name all old document against the new name which you want it.
No harm in preparing second affidavit only mention in one para regarding the necessity arises for preparation this second affidavit.
You can change/correct name as many times as you can and You can make another affidavit .
Not a problem.
The name change in certain documents itself would be sufficient to prove that her name is so and so in all the documents as per the latest gazette publication.
The affidavit is just a supporting document.
If at all you want to add the new documents then you may have to prepare new affidavit covering all the documents.
Ignore that first affidavit and prepare fresh affidvit because it is your own fault for not ascertaining all the facts properly and for taking a hasty step in this regard.
Dear Sir,
The said work can be done with the assistance of the advocate engaged by you. But, this is not the right forum for asking an advocate directly to work for you. You may go to "Talk to a Lawyer" or "Hire a lawyer" of Kanoon.com. It is intimated that it is not the solicitation of any kind, rather the information regarding the process.
Yes you can make another affidavit and declaration in gazette but you need to disclose previous affidavit and reason for not mentioning those names in previous affidavit.
Yes that can be done... it has to be specifically mentioned that these things were left out.
No that wouldn't be a problem.