Dear Sir, My father is aged around 81 years. He has a property registered in his name. The property is around 25 years old. We are currently residing in that property. The property is registered in his name as "D.K DUTTA". But the name in all his identity documents like Aadhar Card, PAN Card, Passport is mentioned as " DILIP KUMAR DUTTA". I wanted to know if there will be any problem while selling the house in the future. What can be done now? My father is mostly bedridden now.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
Your father can make an affidavit stating that he is known by both the names and both the names are one and the same.
He may get this affidavit notarized followed by an advertisement in a local newspaper to effect this.
He can attach the documents to the registered sale deed at the time of selling the property which would be sufficient.
Father can execute will bequeathing property to you
2) will should be attested by 2 witnesses
3) will should mention that I DK Dutta ( Dilip Kumar Datta ) bequeath property to my son
4) on his demise apply for mutation of property in your name
5) you should not face problems in selling property in future
That will definitely create problem in selling property. There are two ways to solve the problem…
Following is the procedure for name change…
Your name is changed.
Dear Sir,
If in the Agreement of the house your father's name is clearly given then there will be no legal issues and your house could be sold easily without any interference because of the name. Further, your father's name on the electricity bill, property tax papers and etc could also be used as a valid legal document for proving ownership of the house thank you.
If you like the answer please give a good rating and review.
This is not a problem at all and you shouldn't face any problem in selling it.
Hi, there is no issue with abbreviation of the name. You don't bother too much about the same.
Thank you all for the answers. Another question is what should be the format of the notarised affidavit of "one and the same name". How many witnesses are required for the affidavit. Also what is mutation of property? is it same as transfer. What is the procedure for mutation?
No witnesses are required for affidavit
2) it has to be on stamp paper of Rs 100 duly notarised before notary public
2) mutation is entry in revenue records . It is fir payment of property taxes
“SWORN AFFIDAVIT
I…S/o…aged…occ…R/o. …state on solemn affirmation as undder that my full name is… but in may title deed of property (give details) may name is mentioned as D.K. Dutta which is short form of… as I may likely to face difficulty at the time the transacting the said property due abbravated name in title deed, I intend to change my name as mentioned in the title deed to d.k. dutta from…
i.e. persent name…..
name to be changed….
Place
Date Deponent”
Change as per your requirements.
You require two witnesses. Mutation is replace of name in municipal/revenue records from previous name of present name. it is transfer of property. make an application in prescribed form to municipal authority or revenue authority.
The format for affidavit will be available with the notary public itself, you can get it done through him/her.
Mutation of property means transfer or change of title in the records of the local municipal body for the concerned property.
Once it becomes a freehold property, the ownership title can be transferred or mutated. Mutation becomes essential for deciding the tax liability when the property ownership gets changed
- Your father should execute an affidavit after stating that his both names are same and of one person ,
- Further, he can also publish the same in news paper as well for removing any hurdle in future.
- Further , this affidavit can be prepared on Rs.10 to 50 papers , and no witnesses are required for the same.
- Further , as your father is bedridden , then he can transfer this property to anyone , either by way of registered gift deed or after writing WILL in the presence of two witnesses .
Dear sir,
the affidavit has to be notarized in the notary office. evidences like electricity bill, are required.