If you are stuck in such a situation, here is what to do.

A young woman named Priya from the city of Anandpur found herself in a perplexing situation. In all her academic records and her birth certificate, her father’s name was recorded as ‘Ravi Mehra’. However, on all of her father’s official documents, including his Aadhar card, PAN card, and the property deeds for their family home, his name was ‘Ravi Kumar Mehra’. This discrepancy, the presence of a middle name ‘Kumar’ in his documents and its absence in hers, had never been an issue until now. Priya was preparing to apply for her first passport and was worried that this inconsistency would lead to a rejection. Furthermore, as she was the sole heir to her father’s property and he had not yet prepared a will, she was concerned about potential legal complications in the future regarding her inheritance. She noted that even on their linked Jan Parichay Card, her father’s full name with the middle name was mentioned, further highlighting the inconsistency.

Advice in such cases

Dealing with name discrepancies is a common administrative hurdle. The key is to create a legally valid document that bridges the gap and clarifies that both versions of the name refer to the same individual. Here are the steps you should consider:

• Create an Affidavit: The most immediate and common solution is to create a “One and the Same Person Affidavit”. This is a sworn legal document where your father declares under oath that ‘Ravi Mehra’ and ‘Ravi Kumar Mehra’ are one and the same person, and that you are his legal child. This affidavit should be drafted by a lawyer and sworn before a Notary Public or an Oath Commissioner.
• Newspaper Publication: For wider acceptance, especially for official purposes like a passport, you can supplement the affidavit with a newspaper advertisement. You would publish a small notice in one national and one local newspaper declaring the name clarification.
• Gazette Notification: The most definitive and robust solution is to get the clarification published in the Gazette of India. This is an official public journal and a notice published here is considered a formal, legally binding proof of a name change or clarification. This is a stronger document than an affidavit and is accepted by all government departments without question.
• Consult with Lawyer: Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

This issue is primarily administrative and civil in nature. The legal remedies are based on established procedures rather than specific penal sections.

• The Oaths Act, 1969: This Act governs the creation and legal validity of affidavits. An affidavit made under this act is a sworn statement of fact that can be used as evidence.
• Indian Succession Act, 1925: This Act governs inheritance and succession. In case of any dispute regarding your identity as the legal heir, the affidavit, along with your birth certificate, will be crucial evidence to establish your claim, especially in the absence of a will. A Succession Certificate may be required from a court, and the affidavit will support that application.
• Department of Publication Rules: These are the administrative rules that govern the procedure for publishing a name change or clarification in the Gazette of India, providing a permanent and official record.

If you are the complainant

If you are the person initiating the process to correct this discrepancy, you are essentially the “complainant” or applicant in this administrative procedure. Your goal is to proactively create the necessary legal documents to prevent future issues.

• Document Collection: Gather all relevant documents. This includes your birth certificate, school records, Aadhar card, and your father’s Aadhar card, PAN card, and any other ID showing his full name.
• Drafting the Affidavit: Approach a lawyer to draft a precise “One and the Same Person Affidavit”. Ensure it clearly states both name variations and establishes your relationship with your father.
• Notarization: Get the affidavit signed by your father and notarized by a licensed Notary Public. This makes the document legally valid.
• Consult with Lawyer: Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are facing a rejection or an objection from an authority like the Passport Seva Kendra or a bank due to this name mismatch, you are the “victim” of this clerical error. Your immediate task is to provide proof to overcome the objection.

• Present the Affidavit: The first line of defense is to present the notarized “One and the Same Person Affidavit”. In most cases, passport authorities and other government bodies accept this as sufficient proof to clarify the discrepancy.
• Submit Supporting Documents: Attach copies of your and your father’s identity documents to the affidavit to support the declaration made within it.
• Legal Notice: If an authority unreasonably refuses to accept the affidavit, your lawyer can send a legal notice explaining the situation and quoting relevant precedents, compelling them to process your application.
• Consult with Lawyer: Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police have no role in matters of clerical name discrepancies. This is a civil and administrative issue. Police involvement would only occur if there were allegations of fraud, forgery, or impersonation, which is not the case in a genuine situation like this. You do not need to file a police report or engage with the police for this rectification process.

FAQs people normally have

Here are some frequently asked questions regarding name discrepancies:

• Is an affidavit sufficient for applying for a passport?
  Yes, in the vast majority of cases, a well-drafted and notarized affidavit is accepted by the Passport Seva Kendra to explain minor name variations. It’s always good to carry the original and a copy.
• Do I need to change my father’s name in all my old school and college certificates?
  No, that is not necessary and is often a very cumbersome process. The affidavit acts as a linking document that permanently clarifies the discrepancy for all those existing documents.
• How will this affect my inheritance of property?
  It can create hurdles during the property transfer (mutation) process. Having an affidavit ready is crucial. To be completely safe, your father can also execute a registered will, which would further solidify your claim as the heir and minimize any potential challenges.
• What is the main advantage of a Gazette notification over an affidavit?
  An affidavit is a declaration, while a Gazette notification is a public, official announcement by the government. The Gazette is considered irrefutable proof and is ideal for major name changes or for situations where you need the highest level of legal certainty.

What evidence is required?

To prepare the affidavit and support your case, you will need the following:

• Your identity and address proof (Aadhar Card, Voter ID).
• Your birth certificate.
• Your educational certificates (e.g., 10th and 12th-grade mark sheets).
• Your father’s identity and address proof showing his full name (Aadhar Card, PAN Card, Passport).
• Documents showing the relationship, such as your birth certificate which names your father.
• The draft of the affidavit prepared by your lawyer.

How long will the investigation take?

There is no “investigation” in the criminal sense. The timeline for the rectification process is as follows:

• Affidavit Preparation and Notarization: This is the quickest step and can typically be completed in 1-2 working days.
• Newspaper Publication: This process usually takes about 3-4 days from placing the ad to its publication.
• Gazette Notification: This is the longest process. It can take anywhere from 1 to 3 months, depending on the processing time at the Department of Publication.

For most immediate needs like a passport application, starting with the affidavit is the best course of action.

Advocate Sudhir Rao, Supreme Court of India