The land is one of the most valuable investments that most people own. Therefore, in case of a change of the official name of the property owner, maximum care should be taken to get the name edited in the land registration papers. Although it is not an immediate prerequisite, a modification in the name in the land registry enables the property owner to avoid land conflicts and legal hassle, which might arise if they plan on using the land papers as collateral at any point in their life.
Let us start with a quick summary of land and property documents, followed by changing names in the land registry.
What is a Land Registry or Property Registration Paper?
Property or Land Registration is a procedure to document changes in ownership and transactions comprising immovable property. The procedure guarantees legal ownership title of the property to the new landlord of the piece of land or immovable property.
Land or Property Registration is generally recorded in the form of a land registration document in the local headquarters of the land registrar. This legal document includes the owner’s details, the evidence of the registration, and several other legal factors related to land.
What is the Legal Process of Name Change in the Land Registry?
You should get an affidavit readied for the name change from a notary, citing the existing name, the new name, the recent address, and the reason for the change. For example, it could be astrology, marriage, etc. The affidavit must be signed by two people of gazette officer rank with the stamp.
Publication of Advertisement
You need to advertise the name change in a leading regional daily newspaper. It could be Time of India, Navbharat Times, Dainik Bhaskar, Dainik Jagran, etc., in case the individual is from a Hindi-speaking state, or in different vernacular language dailies of their region, like Malayala Manorama, Eenadu, or Lokmat. The ad should include the last name, new name, birth date, name of father or name of husband, along with the home address.
After the publication of the advertisement, you need to get a statement published in the Gazette of India considering the name change by sending a copy of the ad and other documents required to the Department of Publication under the Ministry of Urban Development in India.
Visit the Land Registry Office
After the name is changed legally, the land landlord should go to the land registry office and submit all the evidence related to the new name change with a nominal expense to get their name edited in the land records.
The respective administrators then verify the documents submitted, and an investigation will be done to check if the name change is authentic.
Updated Name Change
After the document verification, the name will be edited on the government records, and a copy of this will be mailed to the applicant’s address.
The whole process to get the updated name in land records will take around fifteen to twenty days. The government has also submitted an online process to update name changes which is easier and faster. Each state has distinct online portals to update the changed name in land documents.
How to Change Name in Land Records or Property Papers- Summary
In the case of an official name change of the property owner, it should also be noted in the Land Registration Documents. Nonetheless, the procedure can only be initiated after finishing the legal procedure of the name change.
After the legal and official change in name, the property owner must visit the land registry office and provide self-attested proofs regarding their new name to the office with a nominal fee.
Once the verification of all the proofs is done, the license division of the land registry office initiates an inquiry into the recommendation of the name change on the ground. This action ensures that no fraudulent action is followed in this name change’s name.
After verifying the official name change, the name is also revised in the Land Registry documents. Then, finally, the process gets finished with the delivery of documents to the address of the owner’s intimating the fulfilment of the name change on land registry papers.
How to Correct the Spelling Mistake in Land Record or Property Papers?
Having a land title will aid in easily getting monetary assistance and selling property. However, in a few cases, due to misspelt name, missing out the middle name, changing surname after a wedding, etc., which are not revised in the land documents, will be a limitation in acquiring a mortgage or selling the property. One can correct these mistakes by modifying the name in land records.
To correct the spelling mistake, missed out the middle name, etc., a duly notarized affidavit, which states that both the names belong to an individual and this error happened due to oversight, should be presented to the land registry department. After the verification of the papers, the name will be updated.
The administration has to verify the land registry change name process thoroughly. Therefore, the authorities request that the applicant present specific documentation. These papers are mostly required to apply a modification in the land register.
- Two passport-size photos
- Aadhar cards, PAN cards, and other government-issued identification
- Address verification, like a utility bill
- Application for changing the name to higher authorities
- The newspaper advertisement clipping
- A claimant’s affidavit and two witnesses
- Copies of legal documents having the current name
- Any documents that the authorities may demand
In cases where land is registered newly, and there is a misspelling of the name, a rectification deed can be delivered to update the changed name in land documents with the consent of the seller and the buyer.
The actual sale deed should also be contained and registered with the rectification deed. A fee of a hundred rulers should be reimbursed as stamp duty and registration charges for spelling errors. If the rectification deed associates to the extent of area, property, and name of the parties, then the registration charges and stamp duty vary as per the conveyance deed.
The changed name in land records is not an easy process. Thus it is significant to pay attention and scrutinise the papers before registering them under government documents to receive a clear title record to avoid legal limitations in the future.
National Generic Documents Registration System (NFDRS)
The procedure for name change in property papers is different in different states. To solve the situation of property document registration, the union government has cited a central repository for property document registration by NGDRS (National Generic Documents Registration System).
National Generic Documents Registration System is a centralised yet customisable software for state property registration. Every state of India can obtain the National Generic Documents Registration System customised per its detailed needs.
National Generic Documents Registration System offers services like online property document entry, property valuation, document upload, stamp duty calculation, etc.
Almost all the states have adopted or are adopting the National Generic Documents Registration System system. It has lessened the hassles associated with property document registration. It was undertaken with a vision of ‘one Nation, One Software.’
The National Generic Documents Registration System also lets citizens decide the kind of land parcels available, like prohibited land, tribal land, and disputed land parcels.
The land title specifies the ownership of immovable land property. A government survey record, registered sale deed, property tax receipts, etc., enables specifying the rightful owner of the land in India. So, having an apparent name on the land documents is vital.
The landlord’s name should be spelt accurately, and there should be consistency in all the land papers.
Due to poor maintenance and management of land documents, gaps in the legal framework, and problems in the zamindari system have led to various land disputes related to land ownership. This conflict has influenced the real estate market. Having an obvious land title with the proper name of the owner is essential to avoid any legal limitations.
Land records are essential to documents that contain property details like tax receipts, rental documents, transaction records, spatial records, type of irrigation, RoR (Record of Rights), mutation register, disputes case register, etc.
While registering the property in government documents, having a clear land title is significant. If the landlord of the land changes their name for some reason, it should be notified to the Land Titles Office, and the new name should be revised in all the land documents owned by them. Thus follow the steps above to change the name in the official land documents.
What is a sale deed?
A legal paper transfers property right from the seller to the buyer. A sale deed is also called a final deed or conveyance deed. With a registered sale deed, the consumer owns the property.
What is a land registry?
A land registry is a fundamental land-related paper the government provides that verifies the concerned individual's ownership over the land parcel.
Is it necessary to go for a land registry?
To register your property in your name in the government documents and prevent legal conflicts at a later phase, it is advisable to do a land registry.
Which authority does the land registry belong to?
The land registry is done by the Land Registration and Revenue Department.
What is RoR (Record of Rights)?
A Record of Right is a legal paper containing complete data on how land rights emanate from the owner. It tracks the history of landholders, and this record is updated instantly.