How to Change Name in Land Registry or Property Documents?

The land is one of the most valuable assets that most people own, so if the official name of the owner changes, the name must be updated in the land registration documents. Although it is not an immediate requirement, changing the name in the land registry helps the property owner avoid land disputes and legal complications that may arise if they plan to use the land documents as collateral at any point in their lives. Let’s have a look at How to Change your Name in Land Registry or Property Documents?.

Let’s begin with a quick overview of land records (property documents), followed by the procedure for changing the name in the land registry.

What is a Land Registry/Property Registration Paper?

The process of documenting changes in ownership and transactions involving immovable property is known as land or property registration. The process ensures that the new owner of the piece of land/immovable property has legal ownership title to the property.

Land or property registration is typically recorded in the form of a land registration document (land registry) at the local land registrar’s office. This legal document contains the owner’s information, proof of registration, and a variety of other legal factors related to land.

Process of Legal Name Change in Land Registry

Affidavit Submission: Have a notary prepare an affidavit for the name change that includes the current name, the new name, the current address, and the reason for the name change (it could be marriage, astrology, etc.). The affidavit must be signed by two people with the rank of gazette officer (along with a stamp).

Advertisement: Publicize the name change in a local leading daily newspaper (e.g., Navbharat Times, Times of India, Dainik Jagran, Dainik Bhaskar, or others if the person is from a Hindi-speaking state; or in other vernacular language dailies of his/her region, such as Eenadu, Malayala Manorama, or Lokmat). The old name, new name, date of birth, father’s or husband’s name, and home address should all be included in the advertisement.

Notification in the Gazette of India: Obtain a notification in the Gazette of India regarding the name change by sending a copy of the advertisement and other required documents to India’s Department of Publication (under the Ministry of Urban Development).

How to Change Name in Land Records (Property Papers)

If the official name of the property owner changes, the name change should be reflected in the land registration documents. However, the process can only begin after the legal name change process has been completed.

Following the official and legal change in name, the property owner must visit the land registry office and provide self-attested proofs of his/her new name to the office, along with a nominal fee. Following the verification of all proofs, the land registry office’s license department initiates an investigation into the proposed name change on the ground. This is done to ensure that no fraudulent activity is carried out in the name of this change in name.
After the legal name change is successfully verified, the name is also updated in the Land Registry records. The process is complete when documents indicating the completion of the name change on the land registry are delivered to the owner’s address.

How to Correct the Spelling Mistake in Land Registry?

If a name change is necessary due to a typographical error, the party (owner) may simply go to the registrar’s office with proof of the correct spelling of the name and have it corrected.

If not accepted, a registered deed of rectification can be executed to correct name errors in any deed, including a sale deed (the previous seller can execute a rectification deed in the new owner’s favor). In addition, the party may file a case with the revenue officer, along with an affidavit for a name change in property records.

Another option is to obtain a certificate from the ‘village officer’ or Tehsildar stating that both names (or multiple names) are the same. This certificate can be used appropriately for various needs.

Other Ways to Change the name in Property Documents

Because changing the name in the land registry is a simple but time-consuming process, the name change in property documents can also be accomplished by rectification in the property’s sale deed. However, this rectification of a previous sales deed cannot be done unilaterally and requires the previous owner’s (last seller’s) willingness to assist the new owner in carrying out this deed.

In fact, even if the name has not been changed in the land registry, any sale deed for the further sale of the property must include the owner’s “new” name, as well as a copy of the gazette notification declaring the name change.

NGDRS: A Single Software for Property Registration across India

The procedure for changing the name on property documents varies by state. The union government established the “National Generic Documents Registration System,” or NGDRS, as a central repository for property document registration to address the issue of property document registration.

NGDRS is a centralized yet customizable software for registering property documents in a state. The NGDRS can be customized to meet the needs of each state in India. NGDRS provides a variety of services, including online property document entry and registration, document upload, property valuation, and stamp duty calculation.

The NGDRS system has been adopted or is being implemented in a number of states. It has simplified the process of registering property documents. It was launched with the goal of creating a “one nation, one software” vision. NGDRS also allows citizens to choose the type of land parcels available, such as tribal land, prohibited land, and disputed land parcels.

Conclusion: Land Registry

When you buy a home, you must go through the land registry process. When registering a property, one must exercise extreme caution, paying special attention to the spelling of one’s name. If the name is misspelled, one may find themselves in hot water. If an error occurs, it is simple to correct. Changing a name in a land registry document requires three steps: submitting an affidavit, advertising the change of name in local newspapers, and having a notification published in the Gazette of India.

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