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Author Topic: Query regarding correcting the name on property  (Read 757 times)

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Offline KiranG

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Query regarding correcting the name on property
« on: March 02, 2015, 02:00:36 AM »
Hi,

Me and my husband, we own a flat which is in our joint ownership.  We both serviced the loan 50-50% from our own bank accounts.  This flat was bought right after we got married.  So, my name on this flat carries my husband's surname.  However, as circumstances would have it, I did not take up my married name and still use my maiden name.  It has been more than 10 years so taking up my husband's surname at this point would mean a lot of additional paper work.  So, I intend to keep using my maiden surname. 

I need to understand the procedure to correct my name on the property. 

It would be great if someone can guide me with this.

Regards,
Kiran

Offline Advocate M.Bhadra

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Re: Query regarding correcting the name on property
« Reply #1 on: March 02, 2015, 02:43:22 AM »
If the property was purchased  in joint name then it does not matter to effect your right and interest. But rectification deed is not possible if seller would agree to do it. However if you would like to change in other records as per your parenteral surname then you can submit your marriage certificate or decree of divorce or an Affidavit to the local Municipality/Corporation as well as Land Revenue Department.

---------M.Bhadra,advocate at Kolkata,9836589246
« Last Edit: March 02, 2015, 02:46:22 AM by Advocate M.Bhadra »

Offline KiranG

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Re: Query regarding correcting the name on property
« Reply #2 on: March 02, 2015, 09:46:19 PM »
Many thanks, Advocate M. Bhadra for your quick response! 

Other than this property, my married name does not appear any where else, hence I thought I'd get this corrected as well.  From what you say, it seems that would not be possible - and I cannot get my paternal name on the property.

To ensure I'm understanding this correctly, let me summarise what I have understood. 

1) Since the property was purchased in joint name, my right to property cannot be questioned.  The marriage certificate should establish the fact that I am the same person.

2) If there is any question raised about my current name being different from the name on the property, I can produce the marriage certificate or submit and Affidavit to the local Municipality/Corporation and Land Revenue Department stating that I am the same person (?)  And that would be sufficient (?)

I had another doubt - in the event of death of one of us, the surviving partner will not face any issues in selling the property?  Or should we take some actions proactively?

Thanks again for your guidance.
Regards,
Kiran

 

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