Hello Respectful Fraternity, My father was admitted in 2021 in Chennai where we by mistake provided his nick name during admission. Unfortunately he died during this time, and his death certificate was recorded by his nick name. We were trying to change the name for some time, but we are experiencing a loop from the authorities side without any solution. Please let me know the steps should be taken to legally change the name on a death certificate when the recorded name is a nickname instead of the original name? (original name and nick name are completely different). Any legal advice online or even offline would be great for us.
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
1)first in hospital records the name of father has to be changed .
2) then only death certificate name would be changed
3) You should approach the “Municipality or MRO office” from where the certificate was obtained. Obtain Death Certificate Update/correction
You have not stated whether the death certificate was issued by the Chennai Corporation. Assuming so, have you submitted your request in writing to them, supported by all available, relevant records, such as your father's academic and service records, if any, besides aadhaar, PAN, driving licence etc., where his original name finds a place? Did they ask for any affidavit in support? Did they ask you to produce any certificate from the hospital where he was admitted amending your father's name? If you have submitted a written request, you may apply under the RTI Act for an action taken report. Based on the outcome of your efforts, you can plan your further action.
You can make the application in the hospital and get the records rectified if in above manner and same can be modified with registry of birth and death and modified death certificate can be issued
While admitting father his identity proof, medical insurance papers etc might have been filed. On the basis of stated documents get medical records and death certificate be corrected.
Collect evidence: Gather all relevant documents that establish the correct name of your father. This could include his birth certificate, educational records, identification documents, and any other official records that show his legal name.
Contact the hospital: Get in touch with the hospital where your father was admitted and inform them about the error in recording his name on the death certificate. Provide them with the necessary documentation to establish his correct legal name. They may guide you on the process for correcting the mistake.
Contact the registrar's office: Reach out to the office responsible for maintaining the death records (usually the registrar's office) in the district where the death was registered. Inquire about their procedure for correcting errors on a death certificate. They may require you to submit an application or affidavit along with supporting documents to rectify the mistake.
Obtain legal assistance: Engage the services of a lawyer who specializes in civil matters or documentation issues. They will guide you through the legal process, help prepare the necessary documentation, and represent your interests in pursuing the correction of the death certificate.
File an application: Prepare and submit an application to the registrar's office, requesting the correction of the name on the death certificate. Include all relevant documents that establish the correct legal name of your father. Your lawyer can assist you in drafting the application and ensuring that it complies with the necessary requirements.
Follow up: Regularly follow up with the registrar's office to inquire about the progress of your application. It may take some time for them to process and rectify the error.
Explore legal remedies: If the registrar's office fails to address your concerns or provide a satisfactory resolution, consult with your lawyer to explore legal remedies available, such as filing a petition in court to correct the name on the death certificate.
- Since, your father was hospitalized at the time of death , then you can take a correction Letter from that hospital with the correct name
- Further, being the legal heir , you can execute an affidavit on Rs.10/- stamp paper after mentioning his correct name
- Further, submit these papers before the Birth /Death Registrar from where this certificate was issued after enclosing any proof of his correct name & an application for correction.
Such mistakes are common owing to the innocence and frustrated stage of mind at that time when you got your father admitted to hospital, however you would not have notice d the mistake hence it went on to record.
If the hospital authorities are convinced with the error in name after verifying the actual name from the relevant identity documents and the are convinced with the statement in the form of an affidavit, duly notarised, the hospital authorities make an amendment to their records and intimate the local civic authorities concerned about this error and request to rectify the name in the death report submitted by them.\
If the hospital authorities refuse to cooperate and simultaneously if the local civic body also refuse to cooperate or entertain your records, you can approach court with suit for declaration to declare the correct name in the death certificate and direct the concerned authorities rectify the error and issue a fresh death certificate with corrected name.
You may take the assistance of an experienced lawyer in the local to file the suggested suit.
You can send representation stating that your father's name was wrongly recorded during the admission and the same may be rectified along with supporting proofs like Aadhar/pan/DL/voter ID/Ration card/Passport etc., to substantiate your claim. through Reg Post with AD. Failure to comply with your call send a legal notice or else you can send a legal notice directly.
