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My property is registered in my old name, which I no longer use. Should I show it for visa or not?

Discussion in 'Visitors' started by M.Arun, Mar 4, 2018.

  1. 5 years ago, my family registered our home in my name. Some time later, I changed my name officially through the state gazette, and this is the name my passport and all other identity documents bear. However, the property remained registered with the old name, both in the deed and property tax.

    Now that I'm considering visiting Canada, I'm wavering on whether I should include this property in my application. I'm concerned the mismatch between my new name (which my passport bears) and my old name will give a negative impression on my application.

    I've learned that the only way to put my new name on the property is to have my family redraft the deed, cancelling the old one. The new deed looks brand new, as in drafted in 2018. I'm concerned this will look like I was given this property solely for the visa, akin to a huge cash deposit in the bank account prior to application.

    Do I present this property at all? If yes, should I have the deed redrafted to my old name? Or should I present it with the mismatched names?
     
  2. Why don’t you simply present the documents of your name change to show this property? And state this alias in the application form?
     
  3. If your old and current names doesn't differ much, I don't think this is an issue. Anyway, what's done is done.
     
  4. They are completely different. Like the difference between Arun and Srikant.

    Indeed, I considered this, but I foresaw two problems. The document of my name change is the 1502nd page of the state gazette, and the preceding 1501 pages document other people's changes and are irrelevant to my case. If I were to choose this route, would I present the whole Gazette, or just the first and the 1502nd page?

    The second problem is the gazette shows an initial in place of surname, M Arun, as is custom here. My passport spells out the surname, Arun Madhavan. So I'm concerned this will be another mismatch.
     
  5. Just the relevant pages.

    If you're upfront about the name change, it's not a big deal. You can also include a letter of explanation if you like about all the name changes (maybe notarized, not sure about your country's requirements), but like I said, there's a part in the application form if you've used other names before...so declare all the names that show up in your various documents.
     
  6. I think this is incorrect.

    You (and your family) transferred the property to your previous name before you changed your name. This implies the original transfer/transmission deed was prepared in the correct name at that point in time.

    Further, there were no incorrect details in the transmission deed.

    Due to both these points, the transmission deed was correct.... i.e. it did not have any incorrect details = You do not need a rectification deed now to have the property documents registered in your new name = Your family does not have to cancel the previous deed and re-draft a new deed = You do not need to re-register the property and pay new stamp duty/registration fees.


    This is what you need to do:
    Take the the change in name affidavit, including the gazette publication, to the relevant authorities in your city/town i.e. most probably the sub-registrar or the registrar of properties..... and have the correction made in the property ownership + property tax records. It is quite simple
     
    bellaluna likes this.
  7. This is correct.
    I have already gone to the registrar's office with the gazette and the deed, only to be told they do not do corrections. They said, once a deed is drawn, it is permanent. Instead, I was told to present the gazette whenever my old name came up.

    I went there a few days later, asked if the deed could be cancelled, reverting the property to the previous owner. They said this was possible if I, the current owner signed off on it. Hence my plan to cancel the deed, reverting the property to my family who will then transfer it to my new name.

    The redrawn deed will look brand new, as in drafted in 2018. I'm concerned this will look like I was given this property solely for the visa, akin to a huge cash deposit in the bank account prior to application. Your thoughts on this?

    I would also like your thoughts on: the gazette shows an initial in place of surname, M Arun, as is custom here. My passport spells out the surname, Arun Madhavan. So I'm concerned this will be another mismatch.
     
  8. #8 Bryanna, Mar 4, 2018 at 12:51 PM
    Last edited: Mar 4, 2018
    People could change their names for a number of reasons: On getting married..... for astrological reasons.... to simply create a new identity, etc.

    No deed is *permanent*. Someone who has changed his/her name and identity is legally permitted to have any documents in their previous identity to be changed as well. For example, their qualifications, property ownership, passport, etc.

    What is incorrect is for the registrar in your city to insist that your property ownership documents cannot be amended to reflect your new identity.... or else, it (incorrectly) requires a new deed/new registration, new stamp duty, etc.


    A hypothetical situation:
    If someone purchased a property prior to her marriage, in her maiden name, from a builder/developer.... is this person expected to transfer the property back to the builder/developer after her marriage/change in her name.... and then get it re-registered vide a new sale deed in her married name?! I guess not.

    Again, this is incorrect.

    You have changed your name, but it does NOT negate from the fact that you own the property..... whether you own that property as per your old identity or the new one.

    Basically, what you are suggesting is to prepare a 'Deed of Renunciation' to revert the ownership to the previous owners. Why does someone have to reinvent the wheel to move forward? It beats logic and the law.

    IMO, if you sign a "Deed of Renunciation', you are running a number of risks in terms of legal, financial, and family + you would lose money as the stamp duty/registration would be higher now as compared to when the current deed was registered five years ago.

    I suggest you speak with an experienced lawyer who specializes in property/conveyance deeds + meet the District Collector to get this sorted.


    From a visa perspective, it's not a good idea.


    What matters in the name in your passport. In south India states, the family name is commonly included as just an initial. So, these two variants won't be seen as a mismatch
     
  9. Noted. I shall contact the District Collector tomorrow. If it succeeds and I'm able to get my new name on the property deed, should I still mention my old name in the application?

    Out of interest, what do you think of bellaluna's suggestion of presenting the deed as is with the gazette as proof of the name change?
     
  10. Property ownership would help as a strong reason to return home. Hopefully, you will also demonstrate other established ties.


    You must mention your previous name, aliases, nicknames, etc in the TRV application.


    If you can have the property records changed to your current name then that would be best
     
  11. #11 M.Arun, Mar 6, 2018 at 1:53 PM
    Last edited: Mar 6, 2018
    I am relieved. Out of interest, is the property's strength as a reason to return home greater the more it is valued? I mean, does it have a better influence on the application the more it is valued or the more properties you have?
    Such as? Job?

    Noted. Should the gazette still be provided in this case?

    I contacted the district collector's office, who referred me to the Taluk/Tashildar. The Taluk's office said while they won't change or amend the deed, they can provide a 'Patta' in my new name. Is this 'Patta' accepted as a valid proof of property ownership for the visa application?
     
  12. You would need to either do a self-assessment or else have a property assessor to value it as per the current market value. You would also need to include other evidence to support the assessment. For example, property realty reports/portals for similar properties.


    Yes, your employment + dependent family + good financial situation + previous travel history to countries such as the US, EU, UK, Australia, etc would help


    You can include it. But make sure you declare any/all previous names, aliases, etc in the relevant question of the TRV application form.


    I do not know what a *patta* is.... or whether or not it is legally recognized for property ownership.

    Will the new property tax bill and receipt be issued in your correct, current name?

    Any documents which are in the local language must be translated into English by a certified translator
     
  13. In this case, my application will be in the name of Arun Madhavan. Do I declare M. Arun as an alias considering the custom here?

    I went to the Tashildar's office again, and I was informed that a Patta is a document pertaining to the collective ownership of the plot by the apartments' association. Thus, it is inapplicable to my case.

    The property tax receipt was not updated when the flat was given to me, thus it still bears the name of my family. I went to the property tax collector to update it, and he said the property tax could be updated only to the name on the settlement deed, which is my old name. I showed him the gazette, but he was resolute: the property tax receipts must match the name on the deed, no exceptions no matter what.

    It looks like I'm back to square one: the only way to put my new name on the property tax is to have my family redraft a new deed in my new name, cancelling the old one. I'm concerned the freshness of it will reflect badly on my application, but I'm unsure whether it's worse than the alternative.

    Which would have a worse impact: presenting tax receipts in the correct name along with a brand new deed that looks suspiciously recent, or presenting the deed and tax receipts in the old name along with the gazette?
     
  14. Is a property tax receipt (in the correct name) on its own sufficient proof of property ownership?
     
  15. That + property tax bill + property ownership documents + a copy of the clipping published in the newspapers for the change in name + a copy of the affidavit you had submitted to the authorities to change your name + a small explanation to explain the name change situation
     

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