• Regarding birth certificate

Hello this side ishaan tuteja from Faridabad,haryana
My sister got seperated 1.5 years back and divorce and rest cases are pending in court , my nephew is 21 months old he is with my sister , i got this Birth certificate from MCG(Gurugram) with single name ..as we don't want his father surname .. 
My sister maiden name is gunjita tuteja and all her documents were in maiden surname and she never changed her passport after marriage she did changed her adhar card by the name of gunjita sukhija , so i got a Birth certificate from her marriage surname sukhija.. 
We decided to get change it to maiden surname as wr just had to change changer her adhar card back to maiden and wr did it 
So after that we got the birth certificate corrected by the agent bur after correction it was showing GUNJITA SUKHIJA ALIAS GUNJITA TUTEJA .. 
I got my nephews adhar card mentioning care of gunjita tuteja 
My passport agent said he will get the maiden name and surname of my sister on my nephews Passport too..by getting ad on newspaper and based on othet documents as my sisters Passport is also in her maiden surname before marriage..( he also mentioned he will reissue my sisters passport updated as it was before Marriage now he will show as SEPERATED AS cases are pending in court)
THAT WAS WHERE i was like this got bad..
Now my query is 
Some people said name after alias is not official but what should i do if department corrected it like that and i am really worried....
1- will school accept the name gunjita tuteja at the time of admission as its her maiden surname and all her documents are tuteja only 
2- will be there any problem for my nephew if in future we try to travel abroad ?, Someone told me under 18 for visas birth certificate will be checked so will there be any difficult for mothers name?
3- will there be any problem for my nephew for any visas with single name ? To travel abroad or to study? ( His father name is mentioned in birth certificate full name)
Asked 8 months ago in Family Law
Religion: Hindu

8 answers received in 1 day.

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9 Answers

Birth certificate should reflect mother name as per her Aadhar card 

 

2) you can explain birth certificate of son reflects mother married name and her maiden  name 

 

3) school should  accept name 

 

4) should not face problems in applying for child passport and visa 

Ajay Sethi
Advocate, Mumbai
97521 Answers
7885 Consultations

It can be accepted only if you have changed through gazette notification 

Prashant Nayak
Advocate, Mumbai
32879 Answers
209 Consultations

It is the right time now to correct the mistake in the name  hence decide what name should your sister be known as henceforth. 

You can get her name changed accordingly and get the aadhar card also change as per her correct name.

Then you can apply for reissue of passport  with proper identity cards to prove her correct name. 

Don't get confused by listening to too many advises because most of the advises are rendered by half knowledge people which will land your sister in permanent trouble in future. 

 

T Kalaiselvan
Advocate, Vellore
87722 Answers
2356 Consultations

Dear Client, 

I understand your concerns regarding the use of an alias name in official documents and its implications. Here’s some general information that may help address your queries:

  1. School Admission:

    • Schools typically require a birth certificate for admission, and they should accept the name listed on the birth certificate.
    • If the birth certificate includes an alias, it’s advisable to have consistent documentation. If all other documents are in the maiden surname, it would be beneficial to have the birth certificate reflect the same.

  2. Travel Abroad:

    • For visa applications, especially for minors, the birth certificate is a crucial document. Consistency across all documents is key.
    • If the mother’s name on the birth certificate includes an alias, it’s important to ensure that the same name is reflected in the child’s passport and other travel documents.

  3. Visa Applications with Single Name:

    • Having a single name or an alias should not inherently cause issues for visa applications, as long as all documents are consistent and the alias is legally recognised.
    • The father’s name being mentioned on the birth certificate is standard and should not pose a problem as long as the child’s identity is clear and verifiable.

Regarding the official nature of an alias, it is generally recognised in legal documents if it has been used consistently and is backed by legal procedures such as a gazette notification or court order. It’s important to ensure that all legal documents reflect the name change or alias usage to avoid complications.

For passports, the official name without the alias is typically printed. However, if there has been a legal name change, supporting documents can be provided to update the passport accordingly.

Given the complexity of legal and bureaucratic processes, it’s always best to consult with a legal professional who can provide specific guidance based on the laws and regulations applicable to your situation. They can assist you in ensuring that all documents are correctly aligned and legally recognised, which is essential for school admissions, travel, and other official purposes.

Anik Miu
Advocate, Bangalore
10392 Answers
121 Consultations

Your sister can execute affidavit that both are one and same person 

 

2) The Gazette Notification acts as a Certificate for Name Change after marriage & the newspaper cut-outs are the proof of announcement.

 

3) since birth certificate of child reflects mother name 

GUNJITA SUKHIJA ALIAS GUNJITA TUTEJA .. it is better to go in for gazette notification 

Ajay Sethi
Advocate, Mumbai
97521 Answers
7885 Consultations

If name was changed from sukhija to Tuteja gazette notification was necessary 

 

if she has reverted to her maiden name then again gazette notification is advisable 

Ajay Sethi
Advocate, Mumbai
97521 Answers
7885 Consultations

You can even now decide as to what name has to there in all the documents i.e., by which actual name she should be known, whether with alias or not and the correct name in all the documents , and you may once again follow the proper process of law for change of name and this time you can get it published ion the government gazette publication.

If the name of the mother has to be proper in the birth certificate of the child then you may have to follow the proper procedures of law and ensure  personally that the particulars mentioned now are proper instead of relying on agent's careless acts which will cause you further damage.

T Kalaiselvan
Advocate, Vellore
87722 Answers
2356 Consultations

You have to change the name of the mother of the child in all his documents, then you may have to follow the name change procedure only as per law.

The option for this is that you may once again get it published in the government gazette publication as advised in my previous post

T Kalaiselvan
Advocate, Vellore
87722 Answers
2356 Consultations

Dear Client,

1. Applications for Visas and Passports
Ensure that Gunjita Tuteja is consistently included on all of her current documentation, including her birth certificate, passport, Aadhar, and PAN.
- Notice in the Gazette: Even though you have reversed the name using the already-existing documentation, the proper way to officially change a name is through a gazette notification. Consider getting a gazette notice verifying the name change from Gunjita Sukhija to Gunjita Tuteja in order to avoid problems in the future. This can prevent any inconsistencies and act as an official record.


2. Entrance to Schools and Other Official Concerns
Verify the consistency of all the paperwork you submit for official reasons, such as school applications. Should any document still bear the married surname Gunjita Sukhija, you may be required to substantiate the name change with more documentation.
Declaration: Make an affidavit stating that there is a name change. This can be used to verify her identification in addition to other paperwork.

Obtain Notification in the Gazette (Optional but Recommended)
Apply for Notification in the Gazette: File a name change application with the official gazette. Usually, this entails submitting an affidavit, a marriage licence, if any, and identification documentation with the maiden surname.
Publicise in the Gazette: Save a copy of the gazette as formal documentation of the name change after it is announced.
Make a Declaration of Intent

Write a Declaration: Compose a declaration affirming that Gunjita Sukhija and Gunjita Tuteja are the same individual and that her name has been changed back to her original surname.
Sign and date the affidavit. Have a notary public notarize the affidavit.
Make Sure All Documents Are Consistent

Examine Every Document: Make sure that Gunjita Tuteja's name appears on all current documentation, including your birth certificate, passport, Aadhar, and PAN.
Make any necessary corrections: Update any documents that still have the married surname on them by following the appropriate processes.

Keep all of the proofs close at hand.

- Document Copies: To be presented as needed, maintain copies of all pertinent documents, such as the affidavit and gazette notification (if acquired).
- Clear Communication: Provide all necessary supporting documentation and fully explain the name change when applying for passports, visas, school admissions, or other official purposes.

In summary, you can prevent future issues by making sure all of the documentation is consistent and by getting an affidavit and gazette notification. This will guarantee seamless processing for passports, visas, and other official matters by providing a clear and official record of the name change.

 

 

Anik Miu
Advocate, Bangalore
10392 Answers
121 Consultations

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