What can be done against name mismatch in registry documents?
I have inherited a residential plot in Suraj Kund (Greenfield Colony), Faridabad, Haryana, which is in the joint names of three siblings. We are trying to sell the property and already have an interested buyer. My name in the plot registration is recorded as Axxxx Rani Kxxx, while in my supporting documents it appears as Axxxx R Kxxx. These documents include my PAN card, OCI card, U.S. passport, driver’s license, NRO bank account, and U.S. bank account. There is a mismatch in my middle name (“Rani” and “R”). How can this mismatch be corrected? I am considering preparing an affidavit stating that Axxxx Rani Kxxx and Axxxx R Kxxx refer to the same person, getting it notarized, and attested by the Indian Consulate in New York, and then sending it to India for use in the sale transaction. We are U.S. citizens and have been living in the USA since the 1970s. Please advise if this is the correct approach and what documents should be attached with the affidavit.
Dear client, Your way of doing this is appropriate; you must prepare a Name Identity Affidavit that Axxxx Rani Kxxx & Axxxx R Kxxx are the same person. The Affidavit must be notarized in the USA and then Attested to by the Indian Consulate. In addition to this affidavit, you will need to attach copies of your Passport, OCI Card, PAN Card, as well as the Property Documents. Lastly, you should create a Deed of Confirmation/Declaration in India (by Power of Attorney, if required) in order to ensure that the Sub-Registrar will accept the identity clarification when selling. This will prevent any objections from being raised during registration. Call our Legal Helpline for further assistance. If you have any query please feel free to contact us
Your approach is correct. You should execute a Name Identity Affidavit stating that Axxxx Rani Kxxx and Axxxx R Kxxx are the same person. The affidavit should be notarized in the USA and attested by the Indian Consulate. Along with this affidavit, attach copies of your passport, OCI card, PAN card, and the property document. Additionally, it is advisable to execute a Deed of Confirmation / Declaration in India (through power of attorney if required) so that the Sub-Registrar accepts the identity clarification at the time of sale. This will avoid objections during registration. For further legal assistance contact us on our helpline number.
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