• Two name of same person

My son 10th and 12th marksheet his name is "Herin Patel".
In 10th and 12th marksheet father name is separately mention as "Yagneshkumar Patel.
In Aadhar card his name is "Herin Yagneshkumar Patel. 
In one of the competative exam (JEE), we filled his name as per Aadhar "Herin Yagneshkumar Patel". 
During admission counselling (Jossa), they will cross check with 12th marksheet. 
To avoid any query what to do.
Asked 1 month ago in Civil Law

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16 Answers

Get a notarized affidavit mentioning that the names "Herin Patel", "Yagneshkumar Patel" and "Herin Yagneshkumar Patel" belongs to one and the only person.

Or

Get a Court order from the jurisdictional Court that all the different names belonging to the same person.

Shashidhar S. Sastry
Advocate, Bangalore
5426 Answers
330 Consultations

execute an affidavit that Yagneshkumar Patel.is the name of father 

 

that in school leaving certificate father name is mentioned separately 

Ajay Sethi
Advocate, Mumbai
97243 Answers
7853 Consultations

Dear Sir,

 

For this you can make an affidavit and publish in two newspapers and then in the Gazette. keep the copy the gazette published copy alonwith the affidavit and newspaper clips. this will be valid forever.

Vivek Bhai Patel
Advocate, New Delhi
26 Answers

Noted the contents.  The affidavit mentioning the two names belonging to the same person should suffice.  In case you need a Court order, please contact the jurisdictional competent Court to resolve the issue.

Shashidhar S. Sastry
Advocate, Bangalore
5426 Answers
330 Consultations

you have to explain in affidavit that father name is Yagneshkumar Patel .

 

in school leaving certificate father name is mentioned separately .

 

that full name of deponent is  Herin Yagneshkumar Patel

 

Ajay Sethi
Advocate, Mumbai
97243 Answers
7853 Consultations

your understanding is correct 

Ajay Sethi
Advocate, Mumbai
97243 Answers
7853 Consultations

affidavit does not have any expiry period 

 

you dont need gazette notification as name has of your son has not changed 

Ajay Sethi
Advocate, Mumbai
97243 Answers
7853 Consultations

Gazette publication would be needed as in many places without gazette publication, it would not valid. and to have perpetual effects you have to have the name change/ single identity declaration published in the gazette saying identical person. also be needed to publish in newspapers for this effect.

Vivek Bhai Patel
Advocate, New Delhi
26 Answers

 

Creating a notarized affidavit declaring that "Herin Patel" and "Herin Yagneshkumar Patel" refer to the same person is indeed a common solution to address name discrepancies in official documents. This affidavit essentially serves as a legal declaration of the name equivalence, which can be used for verification during admission counseling or any document cross-checking.

Key Points:

  1. Notarized Affidavit Sufficiency:

    • A notarized affidavit is generally accepted for most administrative and admission processes, especially when the discrepancy is minor (like an additional middle name).

  2. Content of Affidavit:

    • The affidavit should clearly state:

      • That "Herin Patel" and "Herin Yagneshkumar Patel" are the same individual.
      • That the name "Herin Patel" appears on the 10th and 12th mark sheets.
      • That "Herin Yagneshkumar Patel" is the full name as per Aadhar.
      • Mention the father's name, "Yagneshkumar Patel," to establish further clarity.

  3. Gazette Notification:

    • Since this is a minor name discrepancy, a gazette notification is generally not required unless specifically requested by an institution or authority.

  4. Validity of a Notarized Affidavit:

    • A notarized affidavit does not have an official expiry date; it remains valid as a legal document until a specific authority questions it or requires further verification. However, it's typically accepted as long as no changes occur to the individual's name details in official records.

For long-term clarity and avoidance of future issues, you may also consider updating either the Aadhar or educational documents if possible, to reflect a consistent name.

Shubham Goyal
Advocate, Delhi
342 Answers

Dear Client,

To address the name discrepancy concerning your son’s educational documents, a notarized affidavit is a suitable solution. You can draft an affidavit stating that "Herin Patel" and "Herin Yagneshkumar Patel" refer to the same individual. This document should clearly outline the relationship between these names and include details from all relevant documents, such as the 10th and 12th marksheets and the Aadhar card.

Regarding the validity of a notarized affidavit, it does not have a specific expiration date. The affidavit remains valid as long as the facts stated within it are accurate. If any documents or circumstances change, consider updating or re-executing the affidavit to maintain clarity and accuracy, ensuring it aligns with the current information. In your situation, there is generally no need for a Gazette notification. Such notifications are typically required for formal name changes or legal identity changes but may not be necessary for clarifying existing discrepancies in educational contexts. A notarized affidavit should suffice to address the issue at hand.

While there are no specific laws governing name discrepancies in educational documents, general legal principles allow individuals to clarify their identity through affidavits. Section 23 of the BSA recognizes affidavits as valid documents that can be used to establish facts in legal proceedings, which supports your approach.
To execute the affidavit effectively, draft it to include your son’s full name as per Aadhar, his names as per the 10th and 12th marksheets, and a clear statement affirming that all names refer to the same person. After drafting, get the document notarized by a registered notary public.

Hope this answers your query.

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

You may have to get an affidavit executed by your son stating that his name as per.....is... and as per........ is....., however both the names are one and the same, then this notarized affidavit may be published in a local newspaper, keep all the records together to prove the names are one and the same.

T Kalaiselvan
Advocate, Vellore
87436 Answers
2348 Consultations

You are right in your understanding, that the affidavit should contain both the names and to be stated that both the names are one and the same person.

T Kalaiselvan
Advocate, Vellore
87436 Answers
2348 Consultations

- As per law , you cannot change or correct the name of your son in the academic certificates after maximum period of two years from the date of passing the same. 

- However, the documents can be corrected at any time after furnishing the proof of correct name or an affidavit for the same. 

- Further, for higher qualification the name in all the certificates should be same , otherwise he may be face trouble in future. 

- However, you can publish a notification  in the official gazette or your state. 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

In your school certificate the name is 'HERIN PATEL' whereas your full name is 'HERIN YAGNESHKUMAR PATEL',  hence in the affidavit you may have  to state that both the names belong to one and the same person, this affidavit is to be notarized and published in a local newspaper. 

T Kalaiselvan
Advocate, Vellore
87436 Answers
2348 Consultations

The affidavit duly notarized has expiry date. It is valid when supported by newspaper publication.

If the gazette publication is also made then it will more authentic, no doubt it may not be mandatory 

T Kalaiselvan
Advocate, Vellore
87436 Answers
2348 Consultations

It may suffice but if you want to change it in all documents and applied universally gazette notification and paper publication will be better idea 

Prashant Nayak
Advocate, Mumbai
32675 Answers
207 Consultations

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