Can you change your name legally?

Author: By Harsha Sharma

The answer to this question is yes.

 

A name is one’s personal identity as it is mentioned in all its important documents be it mark sheets, PAN Card, Adhaar Card, Voter Id, Driving License etc. It is the identity through which world at large recognizes you. Therefore, there is a specified legal procedure in India that is required to be followed to change name of any person.

The reason to change name of a person vary from person to person. Some decides to change name due to marriage, divorce or adoption reason or other may be due to some corrections, simplifying the long name, numerology, astrology or any personal reason. In India the change of name is a significant and lengthy process which requires following due procedures.

Eligibility for changing name-

• An Indian Person above 18 years of age
• Person should have a legitimate government ID
• Person should have no pending legal issues or criminal cases
• Person should have a valid reason to change name
• For name change of minor, they should be occupied with Guardian/parents while visiting government office.

PROCEDURE FOR CHANGE OF NAME IN INDIA-

 

1. Affidavit for Name Change

The first step for an online name change is drafting an affidavit for a name change. You need to obtain an e-stamp paper of Rs.10 or the minimum value required by the respective state. You need to print affidavit on e-stamp paper.

The affidavit should contain the following information-

• Current old name and new name of the person
• Reason for the name change
• Father’s name or Husband name, if married
• Residential Address
• Declaration and signing of the person applying for name change
• Married women, who would like to change their surname or add their husband’s name as initials, are required to provide the following details:                                                                                                                          a. Old name with the father’s name and address;
  b. A new name with husband’s name and address;
  c. Marriage date.

The affidavit needs to signed by the person with two witnesses and duly notarized from the Notary Public. If you are a central government employee just fill deed form and get it signed by two gazette officer as per Ministry of Home Affairs rules. If the applicant lives abroad, he/she should submit the affidavit duly attested by the Indian High Commission or Indian Embassy to the respective authority.

 

2. Advertisement for name change

 The second step for name change is to publish the name in public which needs to be done through newspaper publication in two newspapers, one in national and other in regional newspaper. The advertisement should contain the below information-

• Your new name
• Old name
• Residential address
• Name of the attesting authority
• Date and place of affidavit creation

The published newspaper clippings should be kept by the applicant for future reference.

 

3. Gazette Notification

 The third and last step in name procedure is to get gazette notification for change in name. After gazette notification, your name will be officially changed and legally binding.

The documents required for gazette notification are as follows:-

• Name change affidavit signed by applicant and duly notarized
• Carry original copies of advertisements published with the date.
• Two self attested Passport size photograph and self attested copy of id proofs.
• Prescribed proforma in duplicate duly signed by applicant and two witnesses.
• D containing the print matter without witness portion in MS word and type old name in place of signature
• A certificate duly signed by the applicant declaring therein that the contents of hard copy and soft copy are similar.
• Request letter along with requisite registration fees.

After name change is notified in the gazette, the person can start using the changed name legally. However, you also need to update your Identity and address proof by following separate processes.

 

 

 

 

Disclaimer:- The content of this blog have been prepared on the basis of legal provisions existing at the time of preparation and does not constitute legal opinion for this subject matter. We, at Lawnians assume no liability for use of this information. For detailed analysis and  legal advice, you are requested to contact with our expert professionals of this subject matter.