Partition Deed Name Mismatch in Uttarakhand
When a family's partition deed or decree names a brother, a sister or a late parent differently from the land record or their identity papers: who has to be named, how a deed and a decree are each corrected, what a missing sharer means, and the one case where a Gazette has a part.
A partition deed name mismatch is cured by a deed of rectification signed by every sharer and registered at the same office. Where the partition was made by a court, that court corrects its own decree. A name that changed after the partition needs only the paper that links the two names. A slip needs no Gazette.
A partition puts a whole family on one paper: brothers, sisters, a widowed mother, the children of a brother who has died. A partition deed name mismatch is likely for that reason alone, since six or eight names are written at once. This page explains partition deed name mismatch for families in Uttarakhand, where much hill land is still held jointly.
Drafting a partition, and any case about one, is a lawyer's work. We prepare a Gazette notification, where a sharer's name has in fact changed. The law cited is from the published text of the central Acts. We did not read the state's revenue law on dividing a holding, or confirm its stamp duty. For a single gift, read gift deed name mismatch.
What Is a Partition, and How Is It Made?
| Way | What it is | Who corrects a slip in it |
|---|---|---|
| A partition deed | The co-owners agree, sign a deed dividing the property, and register it | The same co-owners, by a deed of rectification |
| A civil court's decree | One co-owner sues, and the court declares the shares and divides the property | The court that passed the decree |
| A revenue court's order | For farm land, a co-holder asks the revenue court to divide the holding | The revenue court that made the order |
Before a partition, every co-owner owns a share of the whole. After it, each owns a marked portion alone. The paper that makes that change names every one of them, and each name has to be traceable to a person, a share and a place in the family.
What Does the Law Say?
From the published text of the central Acts. Your lawyer will apply it to your family's papers.
| Law | Provision | What it says |
|---|---|---|
| Registration Act, 1908 | Section 17 | An instrument that creates, declares or extinguishes a right in immovable property of the stated value has to be registered |
| Indian Stamp Act, 1899 | Section 2(15) | An instrument of partition includes a final order of a revenue authority or a civil court effecting a partition |
| Hindu Succession Act, 1956 | Section 6, as amended in 2005 | A daughter of a coparcener is a coparcener by birth, with the same rights in the property as a son |
| Specific Relief Act, 1963 | Section 26 | A court may rectify an instrument that, through fraud or a mutual mistake, does not express the parties' real intention |
| Code of Civil Procedure, 1908 | Section 152 | A court may at any time correct clerical or arithmetical mistakes in its judgments, decrees and orders |
So there are two doors. A deed made by people is corrected by the same people, or by a court if they will not. A decree made by a court is corrected by that court. Nobody else has the pen.
Who Is Named in a Partition?
- Every co-owner. Each with the father's or husband's name, an address and, in a deed, an identity paper at registration.
- The common ancestor. Most deeds recite from whom the property came: a late father or grandfather, named as the land record names him.
- The heirs of a co-owner who has died. A dead brother's widow and children stand in his place, each named.
- The share and the portion. Against each name, a fraction and a described piece of the property.
- Minors. Named through a guardian, with the guardian's name.
- Witnesses. To the signing.
The names are read three ways: against each person's own identity papers, against the land record as it stood before, and against each other, to see that they make one family tree. A name that fails any of the three raises a question.
What Kinds of Mismatch Are There?
A slip in the deed or decree
- A spelling, a dropped surname or a wrong father's name
- The person's own papers were right on the day
- Cured by rectification, or by the court's correction
The land record differs
- The old khatauni has a sharer, or the ancestor, in an old spelling or a home name
- The deed follows identity papers, or the other way
- Cured by correcting the land record, or by the deed saying both forms are one person
A name that changed later
- The paper was right on its date. A sister has since married, or a sharer has changed a name
- Nothing in it is wrong
- Cured by keeping the linking paper with it: a marriage certificate, or a Gazette
A fourth thing is often mistaken for these: a person who should have been named and was not. That is not a mismatch. It is a question of who was entitled, and it has its own section below.
Which Case Is Yours?
| The situation | Route | Gazette? |
|---|---|---|
| The deed has a spelling slip in a sharer's name | A deed of rectification, signed by all | No |
| The deed gives a sharer the wrong father's or husband's name | A deed of rectification | No |
| A court's decree misspells a party | An application to that court | No |
| The old land record has a home name or a short form | Correct the land record, or have the deed recite both forms | No |
| A sharer's Aadhaar is the paper that is wrong | Correct Aadhaar. Leave the deed | No |
| A sister married after the partition | No correction. Her marriage certificate is the link | No |
| A co-owner was left out altogether | A lawyer. Not a name problem | No |
| A sharer has changed a name by choice since the partition | Gazette, kept with the deed | Yes |
A Gazette appears once, for a living sharer's own change of name. It never alters a deed or a decree.
How Do You Put It Right?
This is the general method. The drafting and any court work are a lawyer's.
Step 1: Get a certified copy of the deed, or of the decree
From the sub-registrar's office, or from the court that passed it.
Step 2: List every sharer named in it
With the father's or husband's name and the share or portion given to each.
Step 3: Put the land record and the identity papers beside the list
The record as it stood before the partition, and each sharer's Aadhaar and PAN.
Step 4: Mark each name that differs, and against which paper
A slip in the deed, an old spelling in the land record, or a name that changed later.
Step 5: Check that nobody is missing
Every co-owner, and the heirs of any who had died, should be in it.
Step 6: See a lawyer about the right correction
A deed of rectification for a deed. An application to the court for a decree.
Step 7: Have every sharer sign, and register it
A rectification of a partition deed is made by all the parties to it.
Step 8: Carry it to the land or tax record
So that each portion is entered in the right name.
How Is a Partition Deed Rectified?
- A deed of rectification refers to the partition deed by its date and registration number, states what was written wrongly, and states how it should read.
- It is signed by all the parties to the partition. One sharer cannot correct a paper that six people made.
- It is registered at the office where the partition deed was registered.
- It corrects the record. It does not move a boundary, change a share or add a person. Those are a fresh agreement, with its own duty.
- Gathering every sharer is the hard part. Brothers live in different cities, and one may be abroad. A sharer who cannot come can act through a registered power of attorney, which has to name that sharer exactly as the deed does.
- So read the partition deed closely in the week it is made, while everyone is still in one place and on good terms.
How Is a Decree or a Revenue Order Corrected?
- Find where the slip began. In the plaint, in a later application, or only in the decree as it was drawn up.
- A slip in drawing up the decree. The Code lets a court correct a clerical mistake in its decree at any time. Your lawyer applies to the same court.
- A slip that came from the plaint. The court is asked to amend, with the paper that shows the right name, and the other parties are heard.
- A revenue court's order. The same idea: an application to the court that made the order.
- Then the record. The tehsil enters the portions from the corrected decree or order.
A decree cannot be corrected by a deed among the parties, however willing they are. And an office will not act on a decree with a pen correction or an affidavit pinned to it.
What If a Sharer Has Died, or Was Left Out?
A sharer who has died since
- The portion that came to that sharer passes to the heirs
- A rectification of the partition deed would need those heirs to join
- Their own names, and their link to the dead sharer, then have to be shown
- A lawyer decides if it can be done by deed or needs a court
A person who was left out
- A sister, a widow or a dead brother's child who had a share and was not made a party
- No correction of names cures that
- The person left out can question the partition
- It is settled by a fresh arrangement with that person, or by a suit
Families sometimes ask for a "name to be added" to a partition as if it were a correction. Adding a person is adding a sharer. That changes everyone's portion, and it is a lawyer's matter from the first step.
What About Daughters and Their Names?
- Under the Hindu Succession Act as amended in 2005, a daughter of a coparcener is a coparcener by birth, with the same rights as a son. How that applies to a given family and a given date is a lawyer's question.
- In many older partitions among brothers, sisters were not made parties. Whether that stands depends on the law that applied then.
- Where a daughter is a party, she is commonly married and living elsewhere, with identity papers in her husband's surname.
- The family's papers know her by her maiden name. The deed should carry her present name and mention the earlier one, with her father's name.
- Her marriage certificate, or the family register showing her as the daughter, links the two.
- A sister who gives up her share does so by a registered deed of her own, in her present name. A line in the brothers' partition is not enough.
Read name change after marriage and name correction in the family register.
Which Land and Tax Records Follow a Partition?
- A partition does not change the land record by itself. Each sharer applies for the portion to be entered separately.
- The tehsil copies each name from the deed or decree. A slip there becomes a slip in the new entry.
- Where the joint entry itself carried an old spelling, this is the moment to have it put right, since a fresh entry is being written anyway.
- A town house divided among brothers is split in the municipal tax record on the same paper.
- A bank lending on one portion reads the chain: the joint title, the partition, any rectification and the new entry.
- Compensation for acquired land is paid to the names on the record. A partition that was never carried to the record does not help on that day.
Read name correction in khatauni and land records, municipal house tax name change and land acquisition compensation name mismatch.
How Does the Central Gazette Route Work?
Use this where a living sharer has changed a name by choice since the partition. The Gazette links that sharer's two names. It does nothing for a slip in the deed, and nothing for a person who was left out.
Step 1: Confirm that it is a change of name, and not a slip in the deed
A slip is cured by a deed of rectification.
Step 2: Fix the exact new name, and copy the name as the partition deed has it
Letter by letter.
Step 3: Make the affidavit
State the old name, the new name, your father's or husband's name and your address. Sign before a notary.
Step 4: Publish the newspaper notice
In a daily local leading newspaper. Keep the original newspaper.
Step 5: Type the form and sign the undertaking
Two typed copies of the specimen, signed in your old name with two witnesses, and the undertaking.
Step 6: Prepare the CD, photographs and certificate
The same text on a CD in MS Word, two self-attested photographs with identity proof, and a certificate that both copies match.
Step 7: Pay the charge on BharatKosh
Commonly Rs 1,100 for an adult. It is not refunded.
Step 8: Send the file yourself, then keep the Gazette with the deed
Send it to the Controller of Publications, Department of Publication, Civil Lines, Delhi 110054. Update Aadhaar and PAN, and give the land office a copy.
Would the Uttarakhand Gazette Do?
The tehsil and the municipal office are under the state and may accept it. A bank, or a buyer from elsewhere, is the reason to prefer the Gazette of India.
Step 1: Ask the tehsil or the municipal office which Gazette it accepts
They keep the record your portion is entered in.
Step 2: Think about Aadhaar, PAN, a bank and a later buyer
The Gazette of India serves them all.
Step 3: Contact the Roorkee press
Take the contact from govtpress.uk.gov.in and ask if a private change of name notice is being accepted.
Step 4: Ask for the papers, the format and the fee, and submit
Keep photocopies of everything.
Step 5: Download the notice
Search gazettes.uk.gov.in and save the PDF.
To weigh the two, read Uttarakhand Gazette vs Gazette of India.
Which Mistakes Do Families Make?
| Mistake | What to do |
|---|---|
| Writing sharers' names from how the family says them | Copy each from that person's identity paper |
| Naming the ancestor differently from the land record | Follow the land record, or mention both forms |
| Leaving a slip because relations are good | Rectify while everyone will still sign |
| One sharer trying to correct the deed alone | All the parties join |
| Correcting a decree by a deed | Apply to the court that passed it |
| Calling a left-out sister a "name to be added" | That is a share, not a spelling. See a lawyer |
| Paying for a Gazette to fix a typing slip | A Gazette does not alter a deed |
| Never carrying the partition to the land record | Each sharer applies for mutation |
| Writing on the deed by hand | Never. Make a deed of rectification |
A typical case we handle: three brothers near Kotdwar divided their late father's land by a registered deed. Years later the youngest applied for a loan on his portion, and the bank noted that the deed named him "Suresh Chand" while his Aadhaar and PAN read "Suresh Chandra Dhyani". He asked us for a Gazette. His name had never changed, so none was needed. A lawyer drew a deed of rectification, all three brothers signed it, and the tehsil then corrected the entry for his portion. This is an illustrative example of the type of case we handle, not a named client review.
What is a lawyer's job, not ours
Drafting a partition or a rectification, correcting a decree, a sharer who will not sign, a person left out, and any question of who is entitled to what.
When you do not need us
For a slip in the deed or decree, a wrong identity paper or a married surname. A lawyer, the sub-registrar, the court and the identity office settle those. We are useful only where a sharer has changed a name by choice since the partition, and a Gazette notification is needed to link the two names.
Which Areas of Uttarakhand Do We Cover?
All 13 districts: Dehradun, Haridwar, Pauri Garhwal, Tehri Garhwal, Rudraprayag, Chamoli, Uttarkashi, Nainital, Udham Singh Nagar, Almora, Bageshwar, Champawat and Pithoragarh. A deed is corrected at the sub-registrar's office where it was registered, and a decree by its court. The Gazette file, where one is needed, is prepared on WhatsApp.
People Also Ask About Names in a Partition Deed
How do I correct a name in a partition deed?
By a deed of rectification, signed by all the sharers and registered.
Can one co-owner correct a partition deed alone?
No. All the parties to it have to join.
How is a mistake in a partition decree corrected?
By the court that passed it, on an application.
Is a gazette needed for a partition deed name mismatch?
No. Only where a sharer has changed a name by choice.
Does a married daughter's new surname affect a partition deed?
No. Her marriage certificate links the two names.
Is mutation needed after a partition?
Yes. Each sharer applies for the portion to be entered.
Does the father have to be alive on 9 September 2005 for a daughter's share?
No. In Vineeta Sharma v. Rakesh Sharma (2020), the Supreme Court held that a daughter's coparcenary right is by birth, so her father need not have been alive on that date. Her name in a partition still has to be traced to her father.
Is an oral partition valid against a daughter's claim?
Generally not. The Supreme Court held that the recognised modes are a registered partition deed or a court decree, and that an oral partition is accepted only in exceptional cases backed by public documents. So the registered deed, and the names in it, matter.
Does a married daughter have the same right in a partition?
Yes. The Supreme Court said a married daughter stands on a par with an unmarried one. Her deed should carry her present name with her father's name.
Is there a lower stamp duty on a partition among family members in Uttarakhand?
The state's Stamps and Registration Department lists a 2011 order reducing the stamp duty on partition deeds made in favour of family members. We did not confirm the present rate, so ask the sub-registrar.
Is a court's partition order treated as a partition deed for stamp duty?
Yes. The Stamp Act as it applies in Uttarakhand counts a final partition order of a revenue authority or a civil court as an instrument of partition.
Does the 2005 change reopen an old partition?
Not always. The Supreme Court's ruling saves partitions effected before 20 December 2004. Which side of that date your family's partition falls on, and on what paper, is a lawyer's question.
Find Out If Your Case Needs a Gazette
Send photos of the page of the deed that names the sharers, and the Aadhaar of the sharer whose name differs. We will tell you, free, if it is a slip for a lawyer and the sub-registrar, a later change that needs only a linking paper, or a case for a Gazette notification.
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Partition Deed Name Mismatch: Frequently Asked Questions
What is a partition deed name mismatch?
Can a name in a registered partition deed be corrected?
Do I need a Gazette or an affidavit?
Do all the sharers have to sign the rectification?
One brother will not sign. What then?
The partition was by a court's decree, and my name is misspelt in it. Who corrects it?
The land was divided by the revenue court. Where do I apply?
My name in the deed matches the old khatauni but not my Aadhaar. Which is wrong?
A sharer has died since the partition. How is the deed corrected?
A sister was left out of the partition. Is that a name problem?
Does a daughter have a share in ancestral property?
My sister married after the partition and has a new surname. Is the deed wrong?
Does a partition have to be registered?
After partition, whose name is on the land record?
Is stamp duty paid again on a rectification?
Do you draft partition deeds?
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Who Wrote and Reviewed This Page?
This page is written by the Documentation Desk Team of UttarakhandNameChange.com, the team that prepares Gazette files for people across Uttarakhand.
It is reviewed by Advocate Vipin Chauhan.
The need to register an instrument dealing with immovable property, what counts as an instrument of partition, a daughter's position as a coparcener, the court's power to rectify an instrument and its power to correct clerical mistakes in a decree are from the published text of the central Acts named above. How a rectification is made, what happens where a sharer has died or was left out, and how records follow are general guidance. We did not read the state's revenue law on dividing a holding, or confirm its stamp duty. This page does not replace a lawyer's advice on your own family's papers.
Official Sources
- India CodeThe Registration Act, the Stamp Act, the Hindu Succession Act, the Specific Relief Act and the Code of Civil Procedure.
- Stamps and Registration, UttarakhandRegistration of deeds, and the offices of sub-registrars.
- Bhulekh, UttarakhandThe land record before and after a partition.
- eCourts ServicesDistrict courts, and the status of a case.
- Department of Publication: Change of Name and Public NoticesThe change of name guideline, for a real change of name.
Names in a Partition: The Short Version
A partition names every co-owner, and each name is read against identity papers, the old land record and the family tree. A slip in a partition deed is corrected by a deed of rectification that every sharer signs. A slip in a decree is corrected by the court that passed it. A sister's later married name needs no correction. A person who was left out is a question of shares, for a lawyer. Then each sharer carries the paper to the land record.
A slip needs no Gazette. To find out if your case needs one, send photos on WhatsApp 9540005064, and we will reply in working hours.
Every Sharer Is Named. Every Sharer Signs the Correction.
Send the deed's first pages and the sharer's Aadhaar on WhatsApp. We tell you, free, what kind of difference it is.