• Mothers Name correction in 10th mark sheet of CBSE

What is procedure to get affidavit for Name change from First class Magistrate. We have submit affidavit from Executive Magistrate but CBSE Reject that saying affidavit required from First class Magistrate.

I have not received satisfactory answer from lawyers also. Some say they can get from SDM but he is also second class magistrate.

Please suggest
Asked 10 days ago in Civil Law

4 answers received in 2 hours.

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10 Answers

Application for correction in name of Candidate/Father’s/Mother’s/ Guardian’s name will be considered only within one year of the date of declaration of result provided the application of the candidate is forwarded by the Head of Institution with the following attested documents:
i.True Copy of Admission form(s) filled in by the parents at the time of admission duly attested by the Head of the concerned institution
ii.True Copy of the School Leaving Certificate of the previous school submitted by the parents of the candidate at the time of admission duly attested by the Head of the concerned institution. iii.True copy of the portion of the page of admission and withdrawal register of the school where the entry has been made in respect of the candidate, duly attested by the Head of the concerned institution
Rule regarding Change in name:
Applications regarding changes in name or surname of candidates may be considered, provided the changes have been admitted by the Court of law and notified in the Governet gazette 

 

 

affidavit can be attested by the first class magistrate 

Ajay Sethi
Advocate, Mumbai
97232 Answers
7852 Consultations

Get affidavit executed by you attested  before magistrate of first class 

Ajay Sethi
Advocate, Mumbai
97232 Answers
7852 Consultations

If the requirement is that the attestation on the name change affidavit is to be obtained from first class judicial magistrate only then you can approach an advocate for filing a petition along with the authority that the attestation to be made only by JMFC, before the jurisdictional judicial magistrate court.

You may have to be present before court on the date of hearing to swear before court in the form of an affidavit giving the reasons for approaching he court for this purpose, if the court is satisfied then the affidavit will be attested after which you can submit the attested affidavit before the CBSE. 

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

You can follow the procedures as suggested in my previous post. 

Contact a local advocate and proceed as per the advise rendered.

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

1. You shall have to submit the said affidavit affirmed before the 1st Class Judicial Magistrate.

 

2. Getting the said affidavit affirming before the 1st Class Judicial Magistrate is only a few hours job.

Krishna Kishore Ganguly
Advocate, Kolkata
27498 Answers
726 Consultations

Affidavit not affirmed before the 1st Class Judicial Magistrate is not accepted by the CBSE authority for making any such change in names etc.

Krishna Kishore Ganguly
Advocate, Kolkata
27498 Answers
726 Consultations

Dear Client,

 

One procedure on how to get an affidavit for your mother's correction of name in the mark sheet of the 10th class from a First Class Magistrate is: Present detailed particulars specifying the correct and incorrect name, reasons for correction attached with supporting documents like her birth certificate and Aadhaar or passport submitted on the affidavit draft to court (First Class Magistrate-the district or taluka area). You can approach the court directly or through an attorney, who will help to get the affidavit attested before a magistrate. However, remember that an affidavit issued by an SDM or Executive Magistrate will not meet the criteria set by CBSE. Hence, ensure the affidavit specifically states that it has been attested by a First Class Magistrate. After that, attach the affidavit with the rest of the documents required by CBSE for making a name correction. The process might become faster if a lawyer well-versed with the local court procedures is also involved.

Hope that this helps you to solve your problem.

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

- You can take help of any lawyer for the said work , as you cannot get attestation from the first class magistrate without assistance of an advocate. 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

For name change the correct procedure is apply to gazette notification and paper publication 

Prashant Nayak
Advocate, Mumbai
32660 Answers
207 Consultations

 

To correct a mother's name in a CBSE (Central Board of Secondary Education) 10th mark sheet, you indeed need an affidavit from a First Class Magistrate as per CBSE's stipulations. Here's a detailed step-by-step guide on how to obtain the necessary affidavit:

Understanding Magistrate Levels


  1. Magistrate Classification: In India, magistrates are classified into two categories for judicial purposes:


    • First Class Magistrate: Includes Chief Judicial Magistrate (CJM) and Judicial Magistrates (First Class). They can pass sentences including imprisonment of up to three years, fines, and more, depending on jurisdiction.

    • Second Class Magistrate: Includes magistrates like the Sub-Divisional Magistrate (SDM), who typically deal with civil matters and can pass sentences up to one year of imprisonment.

Steps to Obtain an Affidavit from a First Class Magistrate

  1. Drafting the Affidavit: The first step is to draft an affidavit stating the need for a correction in the name on the CBSE mark sheet. It should clearly state the correct name, the name currently on the mark sheet, and any other pertinent details.

  2. Legal Assistance: Although you mentioned receiving unsatisfactory answers from lawyers, it’s advisable to consult a lawyer for precise drafting and to ensure the affidavit meets legal standards. A lawyer can also help clarify which magistrate in your area qualifies as a First Class Magistrate.

  3. Visiting the Court: Take the drafted affidavit to the court of a First Class Magistrate. This is typically the district court or the sessions court in your area.

  4. Affidavit Stamping and Signing:

    • Get the affidavit stamped. This might involve paying a nominal stamp duty.
    • Present the affidavit to the First Class Magistrate for signing. You might need to explain the purpose of the affidavit briefly to the magistrate.

  5. Court Timings and Procedure: Courts usually operate during standard working hours on weekdays. It’s advisable to visit early to avoid delays. Depending on the court's procedure, you might be directed through a court clerk who will assist in the process.

Additional Tips


  • Documentation: Along with the affidavit, make sure to have all the original documents and their copies that support the change in name, such as your birth certificate, mother’s ID proof, and any previous school records showing the correct name.

  • CBSE Guidelines: Double-check the latest CBSE guidelines or requirements for documentation to ensure no additional paperwork is required.

  • Follow-Up with CBSE: Once the affidavit is ready and duly signed by the First Class Magistrate, submit it to the CBSE along with any other required documents. Keep track of your application and follow up as needed to ensure the correction is made.

Alternative Options

If accessing a First Class Magistrate is challenging due to geographic or bureaucratic reasons, consider revisiting the SDM or exploring if a higher court judge can also sign off on your affidavit, as their endorsements are typically acceptable for legal matters requiring a First Class Magistrate.

By carefully following these steps and ensuring that all documents are correctly prepared and presented, you can successfully obtain the necessary affidavit to correct the name on the CBSE mark sheet.

Shubham Goyal
Advocate, Delhi
335 Answers

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